The following contains editorial content which is the opinion of the writer, a retired Chief of Police and current staff writer for Law Enforcement Today.
‘MERICA- The Second Amendment strikes again!
We’ll take “What is a really bad thing to do in Alabama for $500., Alex.” Such is the case in Dale County, where police were called shortly after 6 a.m. on April 6 on the report of someone trying to break into a home in that community, PJ Media reports.
On arrival, officers found a broken window where the ill-advised criminal attempted to enter the house. We say enter because that was as far as he got, as responding officers found him lying on the ground, shot once in the head by the 2nd Amendment-loving homeowner. The bandito was transported to the hospital, admitted in critical condition.
The broken window was one of several attempted entry points attempted by the bad guy.
“The suspect attempted several ways to gain entry into the back of the home, including entering through a child’s bedroom window,” Chief Deputy Mason Bynum told reporters.
Sheriff’s deputies confirmed that the homeowner and the bad guy were not acquainted, and no charges were filed against the homeowner.
As PJ Media notes, the homeowner in this case used “textbook” tactics in handling an attempted burglary. He remained in the home, where cover (or at least concealment) was available as opposed to going outside to investigate. He then was able to position himself where he could keep an eye on the attempted burglar until he decided to break a window in the child’s bedroom.
When that happened, the sure shot homeowner was ready and popped the bandito once in the head. Nice shot. The name of the suspect was unavailable to Law Enforcement Today.
The incident in Dale County was one of several reported by PJ Media for last week.
In Houston, Texas, police received a call regarding a suspicious person knocking on doors and attempting to enter homes at around 1:00 a.m. Police responded to the neighborhood, but saw nothing. In one case, a homeowner kept an eye on the suspicious male through the peephole in his door as he knocked on the door.
The homeowner wisely chose not to answer, whereby the bad guy left the porch and decided to key the man’s car.
The bad guy then went to another home in the neighborhood and decided to break a rear glass door and enter the home. The resident, who heard the glass break woke up, retrieved his trusty handgun, and waited in the bedroom.
The burglar walked upstairs and made the fatal mistake of entering the bedroom. One shot to the neck and the bad guy fled through the broken door, and amazingly started to knock on more doors, although this time he was looking for help. A few houses down the street, he collapsed and died.
The Houston Chronicle reported it is unlikely the homeowner will face charges.
“At this time we don’t believe there will be any charges on the homeowner,” said Houston Police Lt. Ignacio Izaguirre.
The homeowner told police he “feared for [his] life.”
Another textbook response to a bad guy entering your home.
Contrast this incident with one last month in Minnesota, where a woman fired four warning shots with a handgun to scare off someone who burglarized a garage. That led the suspect to (for unknown reasons) advance on the woman, causing her to shoot and kill him with a rifle.
Minnesota, however, doesn’t have a “stand your ground” law but rather a “duty to retreat” law, PJ Media notes. In order to use a self-defense “defense,” all other options must have been used.
Meanwhile in Longview, Texas (God Bless Texas!!), a woman called police reporting a burglar who “wouldn’t leave” her home when told to. Upon arrival, officers found a man, Matthew Dillon George, suffering from a gunshot wound.
Police said that George was discovered in her home, whereby shot “verbally gave orders for George to leave, which he refused.” She then blasted him with a single shot. Mission accomplished.
George was taken to the hospital, but is expected to recover from his wound. He was arrested and charged with “burglary of a habitation with intent to commit assault.” Score one more for the Second Amendment.
According to Sheriff Brandon Fletcher:
“This entire incident is an excellent example of the importance of our 2nd Amendment. I am thankful the homeowner was un-harmed but also thankful the suspect in this episode will now face his consequences through the judicial system; it could have ended a lot worse.”
Further west in Arizona in February, a number of people were trespassing through a yard when the homeowner told them to beat feet. They refused to leave, with one actually producing a firearm. Bad idea…someone inside the house decided to take out the armed trespasser. When police officers arrived, it was too late and the bandito met his maker.
That leads to the question…will the shooter in this case face criminal charges? In a state such as Minnesota, probably. Arizona? Well, according to Arizona state law, citizens have the right to defend ALL forms of property. The law reads as follows:
C. In this section, “premises” means any real property and any structure, movable, or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.
Arizona has no “duty to retreat” such as Minnesota. Of course there is also the fact that the bad guy in this case pulled a gun, which upped the ante a bit.
As PJ Media notes, make sure you know the law in your particular state. They are vastly different in staunch states like Minnesota and red states such as Texas and purple states such as Arizona. If faced with a situation such as these and if time is available, always call 911 first and get the good guys on the way.
You are always better off not shooting until you have to, however don’t let hesitation get you or a loved one killed. What’s the saying? Better to be judged by nine than carried by six, or some incarnation of that. But it is important to know the laws under which you operate in your state. Clearly, state laws are vastly different among the 50 states.
Hope you enjoyed this version of good guys four, bad guys zero.
For a recent story about the 2nd Amendment, we invite you to:
CHEYENNE, WY – Gov. Mark Gordon signed the Second Amendment Protection Act into law Monday, with a number of law enforcement officials in attendance.
The law is designed to protect Second Amendment rights, as well as prevent federal regulation of firearms, accessories, magazines and ammunition within the state. Many Wyoming sheriffs, police departments, gun rights advocates and lawmakers said the legislation was needed to counter overreach from President Joe Biden’s administration.
I was joined by law enforcement for the signing of the Second Amendment Protection Act. This bill was a collaborative effort that protects our residents from federal overreach and continues Wyoming's tradition of protecting #SecondAmendment rights. pic.twitter.com/XvJ0GFLouv
— Governor Mark Gordon (@GovernorGordon) March 21, 2022
The Republican governor said at the signing ceremony:
“This is an honor to be able to sign this bill. I thank everyone who worked on this bill to get it to my desk. It joins the Firearms Freedom Act. It’s a very strong statement of Wyoming appreciation for Second Amendment rights and the constitutional opportunities to use firearms.”
The bill, passed during the state legislature’s recently concluded 2022 budget session, was sponsored by Republican Sen. Larry Hicks. He said at the signing:
“This is a culmination of a lot of effort with law enforcement, gun owners in Wyoming, Shooting Sports Foundation, all those people that have a strong belief in the Second Amendment. We hope that the federal government will never do an unconstitutional act that would infringe upon people’s Second Amendment right.”
The Second Amendment Protection Act does not restrict law enforcement in Wyoming from providing assistance to federal authorities for purposes not specifically mentioned in the new law and does not prohibit state or local government entities from accepting federal funds for law enforcement purposes.
Specifically, the law prohibits state government and its political subdivisions:
“. . . from using any personnel or funds appropriated by the legislature of the state of Wyoming or any other source of funds that originated within the state of Wyoming to enforce, administer or cooperate with any act, law, treaty, judicial or executive order, rule or regulation of the United States government that infringes on or impedes the free exercise of individual rights guaranteed under the Second Amendment to the Constitution of the United States.”
Dwane Pacheco, Wyoming Association of Sheriffs and Chiefs of Police Executive Board President and Rock Springs Police Chief, applauded the bill being signed into law and assured skeptics that it has the teeth needed to block federal control within the state. Pacheco, testified throughout the legislative session in support of the bill, said:
“We stand strong together to hold ourselves and our officers accountable to not enforce, administer or cooperate with any unconstitutional acts. This is one of the most important legislative actions on a personal and professional level that I have seen in my career.”
The Second Amendment Protection Act was favored over a similar bill, called the Second Amendment Preservation Act, which would have set harsher punishments for violators and put law enforcement at risk of civil action by citizens.
The bill passed with a large majority and takes effect on July 1.
‘Not in our state’: Arizona governor signs bill barring enforcement of federal gun control laws
April 9, 2021
ARIZONA – Arizona Republican Gov. Doug Ducey recently took a stand for the Constitution: He signed into law legislation that would ban any sort of enforcement of federal firearm laws which would be deemed to violate the Second Amendment.
The landmark legislation that serves as a win for those among the pro-Second Amendment crowd came to fruition despite efforts and petitions launched against it by none other than Michael Bloomberg’s Everytown for Gun Safety.
Arizona Gov. Doug Ducey (R) signed legislation Tuesday to bar in-state enforcement of any federal firearm laws which violate the Second Amendment. https://t.co/fWILNslmit
— Breitbart News (@BreitbartNews) April 8, 2021
Governor Doug Ducey signed into law HB 2111 on April 6th, which has been dubbed as the “2nd Amendment Firearm Freedom Act” that had been passed by both the Arizona House and Senate back in March.
The purpose of the bill is as simple as it sounds, in that it’s an effort to preemptively counteract any potential federal gun laws that might infringe upon the Second Amendment or state law in Arizona regarding firearms.
Back on February 24th, the House passed the bill quite narrowly in a 31 to 29 vote in favor of the bill.
Arizona Lawmakers Sending ‘Firearm Freedom’ Bill to Gov. Doug Ducey’s Desk
— Dave Jones (@mdj17) March 31, 2021
On March 30th, the Senate voted 17 to 13 in favor of the bill which then saw it handed over to the governor’s desk on March 31st. One week after landing on the governor’s desk, the bill was signed on April 6th.
Now this of course will undoubtedly raise concerns regarding the Supremacy Clause and the doctrine of preemption. The aforementioned serves as a means to reiterate that federal law will always supersede state law.
However, the Supremacy Clause and the doctrine of preemption has been flagrantly disregarded by the states for several years.
Said flagrant disregarding of such can be seen with states that have passed laws allowing the recreational use of marijuana, or states that have created effective legal shields for illegal immigrants via barring cooperation with federal authorities to enable immigration enforcement.
Essentially, HB 2111 is not really all that different in spirit when compared to states and localities that have adopted “sanctuary laws.”
Maricopa County Sheriff Paul Penzone is slightly critical of HB 2111, but not necessarily because he’s against the Second Amendment.
Sheriff Penzone’s concerns are the potential confusion it could present to law enforcement within the state, as well as noting that it’s perhaps arbitrary creating a state law to back the Constitution since the document cannot be legally subverted already:
“You could make the easy argument saying it’s a state practice – the person has a right to bear arms, therefore you’re in conflict with that. Now you’re putting officers or deputies in this position where they’re questioning whether or not some other entity will determine if it’s in conflict with the Second Amendment, therefore do we act on it? And that’s where it creates problems.
“Whether you are very much in support of the second amendment, whether you have concerns about gun laws – the Constitution is its own entity. It has its protections. If you violate the Second Amendment, you don’t need a state statute to say that is unlawful or unconstitutional.”
Maricopa County Sheriff Paul Penzone said an Arizona gun bill designed to ensure the Second Amendment is not violated was confusing and put law enforcement in an awkward position.https://t.co/YAHFYAd9Dh
— KTAR News 92.3 (@KTAR923) April 2, 2021
The Maricopa County Sheriff said that he’s not going to pay too much mind to this new legislation, and instead stay hyper focused on deterring prohibited possessors from gaining access to firearms:
“My priority right now is the loophole issue. We still are allowing for firearms, whether it’s small capacity or large capacity weapons to get in the hands of people who, if they went through that legal process that applies in certain circumstances, would be prohibited from that purchase.
“So it’s how do we do a better job making sure people we know should not lawfully possess a firearm, that we’re doing our best to get the weapons out of their hands.”
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