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Thread: Shooting incidents in the news.

  1. #5141
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    3 Mass Shootings Thwarted in 3 states: https://www.cnn.com/videos/us/2019/0...p-news-videos/

  2. #5142

    Manitoba Mountie not guilty of manslaughter, but guilty of criminal negligence

    A northern Manitoba RCMP officer has been found not guilty of manslaughter for an on-duty shooting that killed a drunk driver and injured a passenger. But a judge has convicted Const. Abram Letkeman, 37, of criminal negligence causing bodily harm.
    https://www.cbc.ca/news/canada/manit...dict-1.5251854

    Decision to pull trigger in fatal Thompson shooting was consistent with RCMP training, officer's trial hears

    https://www.cbc.ca/news/canada/manit...rial-1.5188829

    'I was terrified,' RCMP officer charged in fatal 2015 Thompson shooting testifies
    https://www.cbc.ca/news/canada/manitoba/thompson-police-fatal-shooting-trial-1.5190398

    The judge-only Court of Queen's Bench trial heard that Campbell, 39, was shot following a police chase in Thompson. That pursuit began when Letkeman, suspecting impaired driving, attempted to pull over the Jeep driven by Campbell shortly after 2 a.m. on Nov. 21, 2015. In his testimony, Letkeman told court the chase took the vehicles onto an ATV trail, where the vehicles collided and he got out of his cruiser. The officer testified he pulled the trigger because Campbell's vehicle accelerated toward him and he feared for his life. The Crown, however, argued Letkeman was negligent and made several dangerous and unreasonable breaches of RCMP policy throughout the encounter, which ultimately put him in a position where his life was at risk. Crown attorney Christian Vanderhooft argued Letkeman could have run away from the Jeep instead of firing into it, and should have disengaged long before he was in that position.
    https://www.cbc.ca/news/canada/manit...rial-1.5192983
    Last edited by Wendell; 08-20-2019 at 05:48 PM.

  3. #5143
    Site Supporter OlongJohnson's Avatar
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    Quote Originally Posted by TC215 View Post
    Yes, in the past, when we’ve run into prohibited persons with firearms that were manufactured in-state, we’ve charged and prosecuted them for the ammunition possession.
    Frankly, unless the metal it's made from was mined and processed in the state and never shipped outside the state before he acquired it, ICC applies. And even if it was, the Fed would probably argue that any of the equipment used for any of those processes being subject to ICC would bring it in. I'm pretty sure there is no state that has full vertical integration of all materials and equipment required to produce a firearm "from the earth" within its borders.
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  4. #5144
    Quote Originally Posted by OlongJohnson View Post
    Frankly, unless the metal it's made from was mined and processed in the state and never shipped outside the state before he acquired it, ICC applies. And even if it was, the Fed would probably argue that any of the equipment used for any of those processes being subject to ICC would bring it in. I'm pretty sure there is no state that has full vertical integration of all materials and equipment required to produce a firearm "from the earth" within its borders.
    The USAO (ours, anyway) won’t argue that. Under 18 USC 922, it is unlawful for a convicted felon:

    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    The pieces and parts, or materials, aren’t a firearm yet. The firearm has to affect interstate commerce, not the materials that it was built with.

    That’s how our USAO sees it, so that’s how we operate.

    EDIT: All the case law and DOJ guidance I can find on the subject seem to support their opinion.
    Last edited by TC215; 08-20-2019 at 06:35 PM.

  5. #5145
    Site Supporter Kanye Wyoming's Avatar
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    Brandishing Incidents in the News

    Did a quick search and didn't see anything, but apologies if this has been discussed elsewhere.

    Yesterday the Michigan Court of Appeals handed down a decision in a highly public and very controversial case that gun owners across the United States should applaud. In short, it demonstrates and validates the value of armed self-defense even when you do not pull the trigger and — crucially — have no cause to pull the trigger. It justifies the brandishing of a gun as pre-emptive measure to block the use of unlawful force.
    . . . .
    The facts are hotly disputed, but Ra claimed that during the course of an argument, Harvey backed her car into into Ra’s vehicle — while Ra’s two-year-old daughter was inside, playing. Ra claims she grabbed her daughter out of the car, then grabbed her unloaded gun, “pointed the gun at Harvey’s car” and then again demanded that Harvey leave. Harvey testified that Ra was the aggressor, and that she hit Ra’s car on accident only after Ra pointed the gun at her. The jury apparently believed Harvey’s version of events, and Ra received a two-year prison sentence.
    . . . .
    As the court noted, “merely to threaten death or serious bodily harm, without any intention to carry out the threat, is not to use deadly force, so that one may be justified in pointing a gun at his attacker when he would not be justified pulling the trigger.” There’s a commonsense element to this conclusion. Police officers, for example, sometimes point a weapon at an individual as a means of preventing unlawful force even when they don’t have the legal right to fire a shot.

    Crucially, this legal doctrine does not create a license to kill. Nondeadly force becomes deadly force the very instant a person pulls the trigger, and when a person pulls the trigger they have to prove the threat of imminent death or great bodily harm. The doctrine does — as a practical matter — allow citizens to use the threat of decisive force to deter unlawful violence.
    https://www.nationalreview.com/2019/...u-might-think/

  6. #5146
    Site Supporter OlongJohnson's Avatar
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    Quote Originally Posted by TC215 View Post
    The USAO (ours, anyway) won’t argue that. Under 18 USC 922, it is unlawful for a convicted felon:

    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    The pieces and parts, or materials, aren’t a firearm yet. The firearm has to affect interstate commerce, not the materials that it was built with.

    That’s how our USAO sees it, so that’s how we operate.

    EDIT: All the case law and DOJ guidance I can find on the subject seem to support their opinion.
    This is the case I was thinking of, but apparently the ICC wasn't used to decide the case. The decision was made due to the items being NFA, and that regulation is based on the government's authority to tax. Arguments regarding ICC and 2A were rejected.

    https://www.kansas.com/news/politics...126014949.html

    https://www.ammoland.com/2019/06/sco...ppressor-case/

    Kinda curious if the ICC argument would enable an inside-one-state-only business to manufacture unserialized firearms if they were non-NFA. I think you'd have to not be any sort of FFL (dealer, gunsmith, manufacturer subject to the terms of your license) and do it in a state that didn't have laws regulating the activity. They may have to pay the 11 percent tax on firearms to avoid the same net as Kettler & Cox, which would immediately raise red flags and set the test case in motion.

    Secondary question would be how much regulatory structure can be imposed on an activity just by taxing it. If the government wouldn't allow a non-FFL to pay the required tax, is that essentially a backdoor way of imposing all the FFL regulation structure on an activity through the tax code rather than the ICC?

    But I'm pretty far out of my lane here. As I've often said, IANAL. And I'm sure it's showing at this point to people who know what I'm talking about. But I am curious.
    Last edited by OlongJohnson; 08-21-2019 at 10:49 PM.
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  7. #5147
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    https://www.bbc.com/news/world-us-ca...GKc_GHiOma16SM

    LA policeman who said sniper shot him 'made it up'

    Authorities in Los Angeles say a sheriff's deputy who claimed he had been shot by a sniper actually cut two fake bullet holes in his uniform with a knife and made the whole thing up.
    Police launched a massive manhunt last Wednesday after Angel Reinosa called in to say he was pinned down by gunfire.
    "I'm taking shots from the north of the Lancaster helipad, I'm hit in the right shoulder," said a frantic Mr Reinosa.
    "My shirt's ripped to the right. I think it's from the apartment window."
    Mr Reinosa has been relieved of his duties and is facing a criminal investigation.

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  9. #5149
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    Riverside man shot in leg during gun training class at sheriff's facility, officials say


    According to a department news release issued in response to questions from The Desert Sun, gun range staff inspect students' firearms during the course and students are instructed to unload their guns.

    During the inspection, the range staff member — a civilian instructor the department did not identify — administered a "trigger pull test" and shot the student in the leg. Range staff initially treated the injured man.
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

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