Paul: Welcome to the polite society podcast powered by the Firearms Policy Coalition recorded on Thursday, April 4th, 2019, I’m Paul Lathrop.
Rob: I’m Rob Morse and on tonight’s show we will talk with Craig DeLuz of 2A News.
John: I’m John Richardson, and we’ll talk about a decision out of California striking down their standard cap mag ban… so climb aboard.
Rob: strap in
John : and hang on!
Paul: episode 489 of the Polite Society Podcast starts right now.
Show intro music.
Personal news from each participant (when you are done with your segment please ask the next person what has been up with them)
Rob- I went to the Rangemaster Tactical Conference. I talked with Bill Frady on his Lock and Load Radio program. I recorded another Episode of Self-Defense Gun Stories and I carried every day. I have books from Chris Bird and Karl Rehn to read and review.
John – I spent last weekend working on my deer hunting property. I’m cutting shooting lanes, building a ground blind, and getting it ready for food plots. I did find out you end up using muscles that you don’t normally use even if you use a chainsaw! Soon it will be time to start some plantings and to put up deer trail cams.
A little factoid – Orwell’s 1984 starts out on April 4th, 1984.
Promo about upcoming training classes here.
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POLITE SOCIETY NEWS, April 2nd 2019
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Paul – CALIFORNIA FEDERAL COURT STRIKES DOWN STATE MAGAZINE CAPACITY LAW
In a decision that may well be important across the whole country, Judge Roger Benitez, of the US District Court for the Southern District of California has determined that the California ban on normal capacity magazines violates the Second Amendment.
The case is Duncan v Becerra and it has been in the making since the ban was originally introduced in 2008.
Judge Benitez had originally suspended the enforcement of the law on the basis that it violated the second amendment and rights of due process. The decision was sent to a three-judge panel of the 9th Circuit for Appeal. However, they agreed with the Judge and returned the case to him for final ruling.
In that final ruling, issued March 29th, Judge Benitez completely invalidated California’s 10-round magician capacity, saying “individual liberty and freedom are not outmoded concepts.”
His decision has been described as scholarly and comprehensive, by Chris Cox of the NRA, who helped fund the case. The 86-page decision is full of powerful arguments in favor of using firearms in self defense, as well as an excellent summary of the history of self-defense firearms use.
While the State will almost certainly appeal this latest ruling to an en banc hearing of the full 9th circuit court, this very strong judicial statement in favor of the 2nd Amendment will provide precedent for similar cases in other states.
One of the most interesting consequences about the ruling, is that it is once again legal to buy magazines that hold more than 10 rounds, and apparently they are selling like hotcakes!
John – As of this afternoon, Judge Benitez has issued a partial stay of his order pending the appeal by the state of California. Greater than 10 round magazines possessed, bought, etc between March 29 and 5:30pm on April 5th are still protected by the permanent injunction.
Rob- I enjoyed the simple declarative statements from the Judge.
John – Judge Benitez was born in Havana, Cuba. I think this may be why he has such an appreciation for the Second Amendment.
John – COLORADO PASSES RED FLAG LAW BY ONE VOTE
Colorado joins many states this week, by passing a red flag law, putting it en route to the Governor’s Desk.
The Colorado Senate passed HB19-1177 by a single vote and against the strong opposition of the state’s police and Sheriff departments, city councils, city police chiefs and even Denver and Aurora police unions.
The bill contains the latest escalation of liberals against gun owners.. a type of search warrant only applicable to gun owners. The so-called Civil Search Warrant would be issued along with the red flag order. This means that the first contact between law enforcement and the accused would be the police arriving with a search warrant and the goal to confiscate firearms.
While all red flag laws are blatant infringements of due process, the Colorado one actually allows people to simply call their accusation in on the phone. The range of people who can call one in is also very wide: family members and spouses, former family members and spouses, intimate partners and former intimate partners, roommates and former roommates, grandparents, stepparents, stepchildren, step siblings and anyone in law enforcement. Accusations can include even talking about buying a firearm.
Multiple Colorado counties have declared themselves as firearm sanctuaries, with sheriffs refusing to enforce recent anti-gun laws. In fact, one Sheriff has made a formal statement that he would rather go to jail than confiscated legal firearms without due process. Weld County Sheriff Steve Reams said, “It’s a matter of doing what’s right.”
Rob- Bloomberg said, go local. Gun owners said, watch this. No due process.
John – The one proposed in North Carolina includes dating partners.
Rob- NEW ZEALAND POLICE GO DOOR-TO-DOOR
After the horrific mass murder in a mosque in Christchurch, New Zealand, the government moved swiftly to capitalize on the nation’s disgust and changed the gun licensing laws to outlaw the ownership of almost all semi-automatic firearms, pistols, rifles and shotguns; pump action shotguns are also included.
The New Zealand Prime Minister is known to be profoundly anti-gun and a keen advocate of the UN civilian disarmament movement. She is also obviously an advice of the Rahm Emanuel school of never letting a good crisis go to waste when there’s an opportunity to shrink citizen rights.
Of course, firearms ownership is strictly regulated in New Zealand – even the Nation’s chief police officer took a moment to remind people that firearms ownership was a “privilege, not a right”, after the atrocity.
Well he has wasted no time in enforcing the new ban. He has sent his officers unannounced to people’s homes and even workplaces, to interview firearms license holders about the guns that the own and their plans for securing them until they can be retrieved or surrendered.
If passed, the NZ gun ban will take effect on April 12th, and New Zealanders will have until September 30th to surrender their guns.
John – Socialist gotta socialist. Adern used to be the president of Int Union of Young Socialists. They also give free speech as a privilege with the Chief Censor ordering the arrest of anyone passing on the manifesto.
John- I just read today that a college president said free speech doesn’t belong on campus.
Paul – THE FINAL APPEAL ON THE BUMP STOCK BAN FALLS
This summary from our own John Richardson.
In a 2-to-1 decision, the US Court of Appeals for the District of Columbia, ruled against the plaintiffs Guedes and Codrea in two separate cases, denying to grant a preliminary injunction of the ATF’s bump stock rule.
While the two Obama era appointed justices Millett and Srinivasan agreed with the lower court that the plaintiffs were unlikely to win at trial, Judge Henderson disagreed.
In her dissent, she said that a bump stock does not meet the statutory definition of a machine gun and that she would have granted the injunction. She concluded that a bump stock, “does not change the movement of the trigger itself, which must be released, reset and pulled rearward before a subsequent round can be fired.” Thus, it meets the definition of semi-automatic fire, not fully-automatic fire.
She concluded that the bump stock rule therefore expands the definition of a machine gun beyond the statutory one.
John – A motion for a stay pending appeal to the Supreme Court has been sent to CJ John Roberts. Bear in mind the Circuit Ct issued a stay only to the plaintiffs.
John- Gun Quotes
Grant suggests – “As for gun control advocates, I have no hope whatever that any facts whatever will make the slightest dent in their thinking – or lack of thinking”. Thomas Sowell
Hang on everybody, we’ll be back with our guest (Craig Deluz).
3- Interview 1 Craig DeLuz
4- Interview 2
5- DGUs (at beginning) These discussions are NOT legal advice. Some of us are trainers, but this is not formal training and YOU NEED formal training. The Defensive Gun Use segment is intended as information, NOT as training. As always the opinions of the hosts are only their own opinions and not those of any sponsors or other affiliations.
Paul – Show Low, Arizona
On a Friday night, a homeowner and his wife were in the living room when they heard someone banging on their kitchen door. The pounding was so hard, they were surprised the glass hadn’t broke.
The homeowner found that the person was “looking” for his girlfriend. He told him multiple times that the person he was searching for was not there and told him to leave.
The young man broke the pet door and reached up, trying to unlock the door knob. The homeowner grabbed his arm to stop him. The suspect pulled away and backed away. He then picked up some large rocks and started throwing them at the house.
One of the rocks broke a window in the door.
After the homeowner warned the suspect that he was armed and he would shoot, the man became an intruder. He reached through the broken window to unlock the door.
As he opened the back door, the homeowner fired at him. Inflicting a leg wound on the intruder, he continued to crawl into the house. The homeowner held the man down until deputies arrived.
On their arrival, they reported that the suspect was belligerent and refused to be identified. The investigation was ongoing and charges were pending.
Rob- Drugs and Alcohol are not your friend
Paul- Pet door?
Rob- Hot Springs, Arkansas
It’s over when she says it’s over.
The woman had broken up with the suspect a few days earlier and was at her mother’s home. It was late afternoon when the ex-boyfriend showed up and broke into her mother’s home. At the same time, her ex-husband was there dropping off their 2 year old son.
She had told the ex-boyfriend not to come over. He told her he was coming over and didn’t care if she called the cops.
The abuser pulled his truck into the yard and struck a corner post of the chain-link fence. This bent the post and cashed the fence to shift towards the house.
Her mother went out to meet him and tell him to leave. He pushed past her and continued to the locked front door. He began hitting and kicking the door as her mother walked up on the porch. When she got to the door, they opened it to let her in.
With that opportunity, the attacker forced his way into the home.
The ex-husband had a pistol with him and pointed it at the intruder, who allegedly said, “Go ahead and shoot me.” The ex-boyfriend then allegedly grabbed the ex-husband by the throat and shoved him against the wall. The two struggled over the gun and fell to the floor as the ex-girlfriend/wife tried to separate them.
When the 2-year-old started crying, the two separated and the intruder left and got back in his truck. He left and was pulled over a short time later.
The police affidavit notes the damage to the post, fence and front door and the injuries suffered by the ex-husband. The shoe prints on the door matched the ex’s boots and when confronted with threatening text messages he sent, he allegedly admitted it was “a possibility” he sent them.
The ex-husband told police he felt that he, his ex-wife, her mother and their son were in danger and the reasons he didn’t shoot him was because his son was in the room and some kids were playing basketball directly across the street.
Paul – If you own and carry a firearm are you really ready to use it? John YOU go first please
John – The ex-husband must have been aware of Rule 4 – know your target and what lies beyond it.
John – Miami-Dade County, Florida
We say don’t mess with the old guy, but I think the same could be said about not messing with the old gal as well. Of course, we also say nothing good happens at 2 AM.
Pherrick Thomas responded to the knock at the back door to find a woman he knew. As he was catching up, another man ran up to him with a rifle and told him, “Give me everything.”
Inside the home where he lives was also his grandmother and great-grandmother. The two elderly women tried defending themselves from the invading pair. His grandmother grabbed a brick and fought back with the man with the gun. Thomas was able to disarm and turn the gun on the invader.
“I turned the rifle around just in time,” he said. “I had enough strength from seeing them hit my grandmother to actually shoot the man.”
A police officer in the area heard the shots and responded immediately.
The two suspect left in a car but were captured by police a short time later. A second man in the victim’s backyard but was not found.
The male suspect was taken to the hospital to be treated for gunshot wounds and the female was taken into custody.
Thomas suffered a few scratches and a gash above his eye during the incident.
“They weren’t strong enough, that’s all I can say,” he said. “The devil wasn’t strong enough tonight.”
Rob- New Orleans, Louisiana
While the Waffle House has a no firearms policy for employees, we don’t know if they have a policy regarding employee’s using the bad guy’s gun on them.
Last week a man entered the Old Gentilly Road Waffle House at about 5 AM and handed the cashier a note demanding money and then brandished a “black” revolver with brown grips. Evidently, the robber had not attended either Tracey or Belle’s handgun retention classes.
The cashier was able to disarm the robber, turning the revolver back on him. The suspect fled on foot without his gun nor the money from the register.
He was described as a late 40’s light-skinned black male with a scar on the left side of his face and walking with a limp. NOPD was still looking for him at the time of the news report.
Paul – Cave Junction, Oregon
In a case from November 2018, Oregon State Police ruled that a use of deadly force was justified after their investigation.
The 46 year-old decedent had driven to the R-Hogg-Farm Motorcycle Shop with an adult male passenger and fired a gun from inside his Ford Expedition. The shot went through the front door, hit a glass case and ended up on the back of the shop. Evidence suggested that it was over a motorcycle in the store.
He then left the motorcycle shop and drove to the home of Christopher Lorne and arrived shortly after 7:30 AM. He parked the SUV 10 to 15 feet from the home. The suspect then fired two shots from a “M-15” rifle at the home.
Lorne was woke up by the shots and looked out the bedroom windows. He could see the attacker pointing the rifle in his direction.
While still in bed, Lorne got his .45 caliber handgun and fired four shots at the man. Several of the shots hit the SUV but one also struck the man in the head. This shot was fatal.
He immediately called 911 to report the incident.
The passenger told police that he was asleep at the time the arrived at Lorne’s home and was woke up by the driver yelling profanities at the home. He corroborated that two shots were fired at the house and someone inside the house returned fire.
The two men were acquainted and the dead man had lived on Lorne’s property. The two had a dispute over the ownership of a motorcycle.
Analysis of urine during a post-mortem revealed the presence of methamphetamine, cyclobenzaprine, cannabinoids, and LSD.
Of course, this drug crazed idiot would be found in the gun control memorial web site.
John – The NY Times recently ran an article questioning the size of bullets.
John – Cartersville, Georgia
Sheriff’s deputies were called to a Cartersville home at 4:30 AM on March 25th. The female victim was woke then the home intruder banged twice on her sun room porch’s locked door. The third bang resulted in the door opening.
As the intruder entered the home, the victim armed herself and told the man to get out of her house multiple times.
She fired one shot at the criminal then hid in the hallway and waited for police to arrive.
When the first deputy arrived, he saw the man in the sun room. He appeared to be going through the victim’s belongings. After ordering the man to put his hands up and exit the home slowly.
He was detained until backup arrived.
The criminal was charged with burglary – forced entry and transported to the Bartow County detention Center without incident.
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6- E-mail, blog notes, and show close
Listener e-mail discussion
Paul: Rob, do you have any new posts from your SlowFacts blog you want to mention?
John – The news media has their narrative and they will pull quotes from interviews and other sources to reinforce the narrative even if they are out of context. In this case, Al Jazeera had a story implying that New Zealand firearms organizations were fully in support of the government’s ban on semi-automatic firearms. The headline said, “ “New Zealand gun lobby backs ban after Christchurch mosques attack” Fortunately, New Zealanders have a bit more spine than they are given credit for by Al Jazeera. The Council of Licensed Firearms Owners which is an umbrella organization of gun groups is against these changes and is pushing to avoid a rush to judgment. They have explicitly said “military style semi-auto rifles” should NOT be banned. However, you’d never know it from the Al Jazeera article.
That and more is at only guns and money dot blogspot dot com.
Facebook listeners group
Paul: That wraps up another episode of the Polite Society Podcast. I’d like to thank (Craig DeLuz) for joining us today. So for Amy, Tracy, Belle, Dana, Douglas, Gary, John, Rachel, Susan, Grant and Rob,
(Paul, stop talking now)
Rob: Until the next time…
John: stay safe,
Paul: be aware,
John: and we’ll see you down the road.