3/4 of States Are Now Stand Your Ground; only 12 Are Duty to Retreat

I wrote about this several months ago, but several states have gone stand-your-ground since then—Ohio, Arkansas, and now North Dakota—so I thought I’d repeat it.

[A.] The “duty to retreat” is something of a misnomer (though a very common one); it’s not actually a legally binding duty (the way a parent has a duty to support a minor child, or a driver has a duty to exercise reasonable care while driving). Rather, it’s a provision that, under certain circumstances, failing to retreat from a confrontation will effectively strip you of your right to use deadly force for self-defense.

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‘I never expected I would touch my gun’: Dad pulls CCW gun to protect family in Westroads shooting

OMAHA, Neb. — A metro area dad said the choice was easy to grab his concealed carry weapon and protect his family as gunfire erupted at Westroads Mall Saturday.

“My daughter is getting baptized next weekend so I wanted to get a nice special outfit for her baptism,” Scott Tafoya said. As Tafoya was trying on a suit in Von Maur Saturday, his wife and two daughters went upstairs to shop.

He noticed commotion and saw people running. One man made eye contact with him. “I looked in his eyes and he yelled, ‘Shooter,’” Tafoya said. He took off upstairs to find his family. As he did, he grabbed his gun. His wife told him she heard gunfire.

“Every indication said our lives were in danger and I was going to do everything in my power to make sure we got out of there OK,” Tafoya said.

He’s a legal conceal carry permit holder, even though Westroads Mall is a weapon-free zone.

“I knew that if I ever pulled that out it would truly be a life and death situation and I would deal with the consequences later,” he said.

As Von Maur employees shuttled shoppers into a bathroom, he stood guard.

“I said I have a permit, I’m legal,” he said. He said he stood near the escalators to draw any threat away from where his family was.

“Everyone else on the third floor just got added into that because the best way to keep my family safe was to make sure nobody with ill intentions came up that escalator.” In that moment, he said he didn’t feel fear, but something else. “I was sad. Because I wasn’t expecting to, if it was real I didn’t think I was going to come home,” he said.

Tafoya said he took the bullets out of his gun and walked toward police with his hands up as soon as they arrived.

“I unloaded my weapon, I put it back in the holster where it was very visible that the slide was locked open. I put my permit in my hands and my hands above my head,” he said. He said police allowed him to leave without facing any charges.

“I don’t condone anyone breaking the law. I made the decision that was right for my family, and I stand behind it. I may still get in trouble for it, if I do, it was worth it,” he said.

Tafoya said gun-free zones put people at risk. “I do not want to be carrying a weapon ever. It’s not comfortable, I don’t like it, I wish there was not a need for it,” he said.

Tafoya said he’s been a permit holder for around four years.

“I never, never ever expected to ever touch my gun. But, I’m exceptionally thankful that I had it,” he said.

He adds this won’t discourage him from going to the mall. Westroads Mall said it will have a weapon sniffing dog on premises for the time being.

Asian Americans Create Gun Group as Ownership, Hate Crimes Rise.

A new gun group hoping to educate Asian Americans about gun rights and gun safety in response to rising hate crimes launched on Monday.

Asian American and Pacific Islander Gun Owners (AAPIGO) aims to provide training and representation to a demographic often overlooked in the conversation on guns. They have scheduled their first meet-and-greet range day for May 2 in Livermore, Calif. And they have already signed up 25 people for an informational course on how to apply for a California gun-carry permit followed by a group application drive designed to bring awareness to the rising threat of hate crimes against Asian Americans.

Racist attacks on Asians surged in 2020, with one report putting the figure at nearly 3,800 incidents and the Los Angeles Police Department reporting the rate of hate crimes against Asians more than doubling. Simultaneously, alongside other Americans, Asians began buying more guns. A gun dealer survey conducted by the National Shooting Sports Foundation found the number of Asian customers jumping 46 percent in the first half of 2020.

Now, AAPIGO wants to train those new Asian gun owners and equip them to protect themselves against racist attacks.

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Annnnnnd, and other Hammer Slammer


Suspect armed with hammer shot by homeowner in Lucerne Valley

LUCERNE VALLEY, Calif. (VVNG.com) — A 27-year-old suspect armed with a hammer was shot by a homeowner after forcing entry into her home.

It happened on April 16, 2021, at about 9:14 am. in the 36700 block of Foothill Road in Lucerne Valley.

The victim reported the suspect later identified as Robert Garcia forced his way into her residence through a back door.

According to sheriff’s officials, “the suspect entered the residence wielding a hammer and threatened to kill the female victim.”

Fearing for her life, the female victim shot the would-be intruder. Officials said Garcia walked away from the residence and was located lying on the side of Foothill Road.

Garcia was airlifted to a trauma center, however, an update on his condition was not available at the time of this release. Officials said the female victim was not injured.

Bringing a hammer to a gunfight?


Hammer-wielding man breaks into Pearland home, shot multiple times after attacking gun-wielding homeowner

PEARLAND, Texas – Police said a person wielding a hammer forced his way into the back of a home in Pearland Saturday night and attacked two people inside.

The home invasion happened in the 2200 block of North Houston Avenue near East Plum Street at 10:35 p.m.

Police say during the hammer attack the homeowner managed to grab his gun and shoot the intruder multiple times.

Three people are in the hospital and their condition is unknown as of this writing.

With ‘friends’ like this……….


Holly Township man shoots drunk friend who pulled knife

A fight between two men in northern Oakland County last weekend led to one being shot, Michigan State Police said Monday.

A man arrived at his friend’s house in Holly Township intoxicated on Sunday night, and “an argument occurred on the back porch of the home after the visitor was asked to leave,” state police said on Twitter.

“During the argument, the visitor pulled a knife and went towards the homeowner who was in possession of a registered pistol at the time.”

The resident, in turn, fired a single round, striking his friend, state police said.

Both men called 911. The visitor was taken to a local hospital for his injuries.

Investigators learned he had open warrants for domestic violence as well as operating a vehicle while intoxicated. The man was turned over to the Oakland County Sheriff’s Office, state police said.

The investigation findings will be turned over to the Oakland County Prosecutor’s Office for review of possible charges.

Oklahoma Senate passes bill protecting drivers who hit protesters blocking roadways

A bill meant to protect drivers who hit protesters during the course of fleeing a riot passed the Oklahoma Senate on Wednesday.

House Bill 1674, which passed through the Senate by a vote of 38-10, would increase penalties for blocking roadways while also providing immunity to drivers who kill or injure motorists while fleeing the scene of a riot in fear for their lives, according to the Associated Press.

The bill comes in response to an incident in Tulsa, Oklahoma, last year in which a driver in a pickup truck drove through a group of George Floyd protesters blocking an interstate and injured several protesters. The driver, whose family was in the car, was not charged.

“The kids cowered in the back seat because they feared for their lives,” one of the Republican sponsors of the bill, Rob Standridge, said. “That’s what this bill is about.”

According to the bill, it would become a misdemeanor punishable by up to a year in jail and a $5,000 fine for protesters who block a public street.

Democrats took issue with the bill, specifically with how the legislation’s language defined the word “riot,” wondering aloud if “peaceful protesters” could be targeted.

Only Stores Left Untouched In Minneapolis Area Riots Were Guarded By Armed Civilians
Rioters promising “revolution” shy away from conflict from vigilant armed citizens

Only Stores Left Untouched In Minneapolis Area Riots Were Guarded By Armed Civilians

On Tuesday night a second round of riots and looting took place in Brooklyn Center, Minnesota, which is not far from the riot-and-crime-ridden city of Minneapolis. Footage of Dollar Tree and other storefronts being burglarized in act of civil protest against racial injustice circulated online, and gunshots were routinely heard in the distance.
A few stores in Brooklyn Center were left unmolested, however: businesses guarded out front by armed civilians.

Despite calls to violent “revolution” by looters, they did not appear interested in a confrontation with determined shopkeepers.

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Ohio law legalizing concealed knife carry, brass knuckles goes into effect

An Ohio law that took effect Monday allows the state’s residents to carry concealed knives, as well as purchase and possess brass knuckles and other specified weapons.

The measure changes the Ohio law that prohibits concealed carry of a “deadly weapon” to no longer includes knives, razors or other similar cutting instruments.

Ohioans can now also legally purchase and own certain weapons, including brass knuckles, cestuses, billy clubs, blackjacks, sandbags, switchblade knives, springblade knives and gravity knives, according to the Ohio Capital Journal.

The state Senate voted almost unanimously in 2019 in favor of the law, with one Democrat opposing.

The state House in December approved the measure largely along party lines, with five Democrats joining all Republicans in backing it.

Doug Ritter, an advocate and founder of advocacy group Knife Rights, told the Capital Journal that Monday was “a great day for Ohioans who no longer have to worry that they might be arrested under a dangerously vague state law for carrying a common tool, their pocket-knife, concealed in their pocket.”

This comes a week after a new “stand your ground” measure took effect in the state after being signed into law by Gov. Mike DeWine (R) in January.

Under the stand your ground law, Ohioans no longer have to prove that they attempted to run away or leave a dangerous situation before using a weapon in self-defense.

Hillicon Valley: Intel leaders push for breach notification law |…
Advocates hammer Biden over landlords defying eviction ban
Anti-gun violence groups and activists, however, argued that the self-defense law will give too much power to individuals to deploy a deadly weapon, and could also disproportionately lead to more people of color becoming victims of gun violence.

“They sell it as now you’re going to be able to defend yourself. No, you’ve always been able to defend yourself in Ohio,” Toby Hoover of the Ohio Coalition Against Gun Violence told local CBS affiliate WKRC-TV.

“If you were truly being attacked or in danger, that defense has always been there,” she continued. “This defense changes it to you have no duty to try to even retreat. You don’t even have to consider it. You can just say I’m afraid.”

Gun Safety Classes Sees More People Looking to Learn

[Pennsylvania] After spending eight years in the military, Leroy Learn Jr. decided to come back to Erie and open Learn Defense Industries in North East. He saw the lack of education when it came to gun handling, and the basics of learning how to use a firearm. With his experience in the military he knew how quick a situation can become dangerous. Learn is a certified instructor by the NRA Simulations and Taser. He teaches classes on self defense, and basic pistol training. Learn says the in the last year he’s seen more people buy guns and are looking for ways to properly handle a firearm.

“Unfortunately, with the Coronavirus and the riots really picked everything up with the fear that came along with those it was an absolute boom in people just wanting to contact us and talk to us about it,” says Learn.
During the last year we’ve seen firearm sales skyrocket, with more people looking to buy and learn how to handle a gun. Learn says he saw the need for basic training when it comes to firearms, and especially more training when it comes to the law.

“If you have a lethal encounter and you act outside of the law, you’re still responsible for your actions you perform. That’s why in our basic pistol course we spend so much time going over the law because there’s a lot of law out there, and if you don’t know what it is, you can go to jail for being the victim of a crime,” says Learn.

Not only does Learn teach the law but he also is showing people the proper way to handle a firearm. With more people looking to own and learn how to use guns he says he’s seen more new gun owners come to classes.

“I have so many and they just purchased a fire arm because it was the only fire arm to purchase in the store at the time and they had to have the gun right then and there. Then they come to class and the firearm doesn’t function the way they want it to,” says Learn.

Learn says knowing the proper way to handle gun could save a life, but it could also help you feel more confident in everyday situations.

“I would say the best thing about it is that it gives you confidence. I see several people come into the class and they don’t feel confident around it or feel confident just going for a walk or they just feel afraid about something so it gives them confidence,” says Learn.

Learn says this is the best thing you can do if you’re looking to get a firearm and keep up on your self defense skills.

“If you don’t practice with it you will lose what you’ve been taught but if you get that basic knowledge, and you sit there and go okay I got that now I can go and continue my training for myself and then go and get more advanced training when I feel confident enough for that later more advanced training,” says Learn.

Quote O’ The Day

Amid Renewed Rioting in Minneapolis, a Lesson on the Second Amendment

Armed citizens defend business from looters during Minneapolis riots. Julio Rosas/Townhall Media

Some business owners were prepared and are defending their property. Some weren’t and aren’t.

The natural right of self-defense is what the Second Amendment is about. Not hunting. Anyone who interjects hunting into discussions of the Second Amendment is either trying to deceive or doesn’t know the amendment and its true purpose.

The right to keep and bear arms is about the citizen’s ability to defend himself or herself and their family and property against tyrants. Sometimes those tyrants are from the government. Sometimes government breaks down, and self-defense is a matter of life or death.

Joe Biden doesn’t want citizens who are empowered to defend themselves in either situation.

I’ll go into no further detail than to observe that I consider the homeowner to have a kindly disposition in not having shot the crim in some other ‘extremity’.


Neighbors shocked after homeowner shoots naked intruder

LINCOLN COUNTY, W.Va. (WSAZ) – The name of the suspect who broke into a house and was shot by the homeowner has been released.

It happened on Bulgar Road in Alkol Monday just before 2 a.m. Law enforcement say they received a call a naked man was trying to break into a home.

According to West Virginia State Police, Jeffery Roberts II, 28, had broken the door to the residence to get inside. Troopers say the homeowner shot Roberts once in the shoulder. He was taken to the hospital and is in stable condition.

Woman shoots man breaking into her Lexington apartment

LEXINGTON, Ky. (WKYT) – A man is in jail after police said a woman shot an intruder at her home early Tuesday morning.

The woman called 911 around 3:30 a.m. and said she shot at a man who was breaking into her apartment in the 500 block of Hollow Creek Road, just off Russell Cave, Lexington police said.

About 15 minutes later, a man walked into a hospital with a gunshot wound. Police said that man, 42-year-old Keith Jackson, was the same man involved in the incident at the apartment.

Jackson was arrested on charges of burglary and terroristic threatening.

He has since been released from the hospital and is being held in the Fayette County Detention Center.


One Of Two Men Shot After Forcing Way Into Area Home, Beat Residents

One of two men was shot after the duo allegedly forced their way into a home to confront the resident about a previous altercation.

Andre Fogo, age 32, and Rachain Wilson, age 28, both from the village of Monticello, were arrested on Friday, April 2, after New York State Police responded to a report of a shooting in Monticello, said Trooper Steven Nevel.

When troopers arrived on the scene they found that the victim, later identified as Wilson, had been driven to Garnet Health Medical Center in Catskill, for treatment of the gunshot wound, Nevel said.

Troopers located the vehicle as it arrived at Garnet Health Medical Center Catskill. An investigation revealed that both Fogo and Wilson forced their way into an apartment to confront the resident about a previous altercation, Nevel said.

Fogo and Wilson began beating the resident of the apartment. Another individual in the apartment fired his weapon and struck Wilson, he added.

Fogo and Wilson then fled the area. The individual who fired the weapon is a licensed gun owner and provided the state police with all proper documents.

Wilson was treated and released with non-life-threatening injuries.

State police took custody of Andre Fogo and Rachain Wilson and charged both with burglary and remanded them to Sullivan County Jail in lieu of bail.

The New York State Police were assisted by the Village of Monticello Police Department, Sullivan County Sheriff’s Office, and the Sullivan County District Attorney Office.

This is an ongoing investigation.

Abusers and oppressors will rejoice the death of the Second Amendment

As a group of House Democrats pushed the presidential action on gun control, a group of House Democrats are pushing the Senate to vote on House-passed gun control bills. In either case, the result would be dangerous and make Americans more vulnerable. When the right to keep and bear arms is suppressed by a government, the doors to oppression and abuse are opened. I know, because I’ve seen it.

Hardwired, the global human rights organization I founded, fights against the oppression of religious communities of all faiths in countries around the world. Among these countries is Nigeria, where Fulani herdsmen have been waging a war against Christian farmers for the past decade, but in recent years it’s grown much worse. The Fulani herdsmen are attacking farmland throughout the region to force Christian farmers out of the area and take over their land. The attacks typically increase in the spring and are carried out with AK-47s and machetes.

In Nigeria, the law does not permit citizens to own firearms. As a result, the Christian farmers are sitting ducks. They have no recourse.

Not only will their government not protect them, their government is preventing them from protecting themselves. Herdsmen attack entire villages, burning churches, killing pastors and worshipperskidnapping and forcibly converting young children and destroying homes, business and crops.

And the Nigerian government is not only silent, it is complicit. The illegal sale of weapons in Nigeria is a global concern but it ignores the real issue. The government is not only to be condemned for their silence about attacks on Christians, but also for their apparent complicity in leaving the Christians defenseless.

As a result, the conflict in Nigeria’s Middle belt states continues to worsen.

As Benjamin Franklin famously said, “Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.”

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North Dakota: Stand Your Ground Legislation Joins Other Pro-Gun Legislation on Governor’s Desk

[Friday] the North Dakota House concurred on Stand Your Ground Legislation, House Bill 1498, sending the measure to the desk of Governor Doug Burgum for his signature. This measure now sits alongside House Bill 1450 which was approved yesterday. Please contact Governor Burgum and ask him to sign House Bill 1450 and House Bill 1498.

House Bill 1450 enhances North Dakota’s permit laws by reducing certain minor violations on its list of prohibiting factors for applicants. HB 1450 would allow more individuals to exercise their constitutional right to self-defense.

House Bill 1498 will strengthen North Dakotans’ fundamental right to self-defense anywhere they are legally allowed to be. Victims of violent crime who respond with defensive force while protecting themselves or their loved ones should not have to face the additional threat of criminal or civil prosecution. If enacted, law-abiding citizens would no longer be required to retreat before defending themselves.

 

This will leave North Dakota as the only state where only residents can carry concealed without a permit.


WYOMING TO ALLOW NONRESIDENTS TO CONCEAL CARRY WITHOUT A PERMIT STARTING JULY 1

CASPER, Wyo. — Starting July 1, both residents and nonresidents alike will be able to conceal carry in Wyoming without obtaining a special permit, provided they can legally possess a hand gun in the United States.

Governor Mark Gordon signed House Bill 116 into law on Tuesday which will give nonresidents the ability to conceal carry without a special permit once the new law goes into effect July 1, 2021.

Wyoming residents are already able to conceal carry without a permit if they are legally allowed to possess a firearm.

A few more states than those listed in the article have quite strong SYG laws.


Ohio’s new ‘Stand Your Ground’ self-defense law takes effect Tuesday. What you need to know:

CINCINNATI (FOX19) – Ohio’s new “Stand Your Ground” self-defense law takes effect Tuesday.

It removes the duty to retreat before using deadly force in public, not just inside their homes and vehicles.

A person must be in fear for their life or serious injury, have the legal right to be where they are and explain why it happened.

They cannot be the instigator.

In cases where there is evidence to suggest that a person used force in self-defense, the burden will now be on prosecutors to prove otherwise.

The new law does not otherwise change the circumstances in which deadly force can be used.

Several other states have adopted stand your ground laws including Kentucky, Indiana, Michigan, Tennessee, North Carolina and South Carolina and Florida.

Caddo County Homeowner Involved In Shootout With Home Invasion Suspects

LOOKEBA, Okla. –  Caddo County investigators said a homeowner opened fire on two suspects breaking into his home.

Deputies were called to a home on County Road 1140 in Lookeba on March 22 after the homeowner noticed two suspicious men circling his home.

“He called his brother-in-law which lived down the road from him and told him he might want to come down because he is fixin’ to get burglarized,” caid Caddo County Sheriff Spencer Davis.

Deputies said Tyler Cuccias, 22, and Scotty Runzel, 30, began kicking in the homeowner’s back door.

“When he (the suspects) entered the house, the homeowner fired a shot in his direction, didn’t hit anybody,” said Davis. “Then the suspect fired a shot back at the homeowner.”

The homeowner’s family member began chasing both suspects as they drove away. The suspects began firing shots through the sunroof as they did.

The suspects eventually crashed into a tree nearby and ran away on foot.

Calls were made to dispatch as citizens spotted the two suspects in a field.

Runzel gave himself up to law enforcement shortly after the crash, while Cuccias launched an hours long manhunt.

Cuccias eventually surrendered to police in a nearby field.

The sheriff hopes both suspects learned a valuable lesson.

“I would not advise breaking into anything in rural Oklahoma because they don’t mess around,” said Davis. “Somebody might end up getting hurt.”

Both suspects were found with meth on them and are already convicted felons.

Runzel and Cuccias were booked on complaints of possession of a controlled substance, first-degree burglary and shooting with intent to kill.

Straight Talk on Armed Defense: What the Experts Want You to Know

In Straight Talk on Armed Defense: What the Experts Want You to Know, Massad Ayoob and the nation’s leading experts on personal protection, self-defense and concealed carry deliver authoritative guidance from their areas of expertise and personal experience. In chapters by distinguished authors hand-picked by Massad Ayoob:
  • John Hearne takes us “inside the defender’s head” and reveals the most effective route to train and prepare for self-defense incidents.
  • Dr. Anthony Semone discusses post-shooting trauma and necessary steps to develop resilience and symptom reduction following a deadly force event.
  • Dr. Alexis Artwohl explains why understanding how the mind operates is critical to surviving an attack and the legal and emotional challenges that follow.
  • Dr. William Aprill describes “the face of the enemy” to help us understand violence and those who traffic in it.
  • Craig “Southnarc” Douglas details the conditions present during the typical criminal assault and how to incorporate those conditions into your training.
  • Massad Ayoob discusses power, responsibility and the armed lifestyle.
  • Tom Givens underscores the importance of finding relevant training, through case studies of his own students involved in armed encounters.
  • Spencer Blue,” active robbery/homicide detective, reveals patterns that emerged during his investigations and describes the differences in tactics of citizens who won versus those who lost.
  • Ron Borsch presents dozens of actual cases of armed and unarmed citizens single-handedly stopping mass murders in progress.
  • Harvey Hedden provides insight and advice to guide lawfully armed citizens in interactions with law enforcement.
  • Jim Fleming, Esq. describes the criminal trial process and how it plays out in a “righteous use of deadly force in self-defense” case.
  • Marty Hayes, JD, provides the critical questions that must be asked to choose a reliable post-self-defense incident support provider.
Get the straight talk on armed defense, from this unique compendium of the world’s leading subject matter experts in lethal self-defense.

 

Mount Hope resident disarmed, fatally shot would-be robber during home invasion

SAN DIEGO —  A would-be robber was disarmed and fatally shot by a 62-year-old resident during a home invasion in the Mount Hope neighborhood of San Diego on Tuesday night, police said.

The incident unfolded around 9:10 p.m. at a house on 43rd Street between J and K streets, just north of the Greenwood Memorial Park and Mortuary, when the resident came home to find two men waiting for him outside.

Police Lt. Matt Dobbs said one of the men pointed a gun at the resident and demanded property. The resident was then led into the home, where the men began rummaging for valuables.

Dobbs said the resident was able to disarm the gunman, then pointed the gun at him. The man reportedly charged the resident, who fired the gun several times.

The other intruder ran off, and the resident called 911.

Officers found the 39-year-old man who was shot inside the home. They started CPR on him before medics arrived and took him to a hospital, where he died. His name was not released.

Investigators do not believe the resident knew the attackers, Dobbs said.

He said the resident was cooperating with investigators and was not considered a suspect in a crime. “The case is being investigated as a home-invasion robbery that resulted in a fatal shooting,” Dobbs said in a statement.

Asked if investigators believe the resident acted in self defense, Dobbs said the District Attorney’s Office will evaluate the situation. “We do the investigation and present the facts to the DA who will opine on whether a valid self defense claim exists,” he said in an email.


Use of deadly force in Texas

LUBBOCK, Texas (KCBD) – There are currently no charges filed against a woman who police say shot and killed an ex-boyfriend who was trying to get into her apartment Wednesday afternoon in Central Lubbock.

There is an indication there will not be any charges against her.

Police say 26-year-old Selena Carrion was punched in the face before her ex left her apartment and came back. The boyfriend, 26-year-old Leroy Hammond-Williams, is said to have kicked in the door and grabbed her as she ran upstairs.

That is when, police say, Carrion shot and killed him.

”This case is almost textbook self-defense,” Mark Snodgrass, Lubbock attorney who has practiced for around 25 years, said.

Legally, Carrion had every right to defend herself in this situation, he said. That is because in Texas, people are presumed innocent in their use of force if someone is unlawfully trying to enter their home.

But it has to be reasonable. That means someone, without a doubt, though they were in immediate danger.