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Cherokee Indians Tribal Council Votes for Car/Bodycam Exemption after SWAT Shooting by David Codrea

CIPD SWAT (Cherokee Indian Police Department/Facebook)

“During its April 6 meeting, the Eastern Band of Cherokee Indians Tribal Council unanimously approved an ordinance change exempting police car and body cam videos from the tribe’s public records law,”  Holly Kays of the Smoky Mountain News reports.

“The vote comes on the heels of a Dec. 13, 2022, Cherokee Indian Police Department SWAT response in which officers fired at Murphy resident Jason Harley Kloepfer after he opened the door to his home with his hands held above his head, according to a home security video Kloepfer posted Jan. 18.”

AmmoLand Shooting Sports News reporting included that video in January, followed up by articles questioning the deliberate indifference to this story by major media, a presentation of the Calls for Services recording and transcript with timeline, and documentation of charges dropped against Kloepfer at the request of the individual who set events in motion with a 911 call followed by the District Attorney’s recusal of herself from the case over perceived legal conflicts and questions of other potential conflicts on the part of investigators.

The interests of gun owners in a complete and transparent investigation are clear: Kloepfer was evidently shot as a first reaction by tribal Indian SWAT because of the presumption based on a 911 call from a neighbor that he was armed and dangerous. Any gun owner who might find himself wrongfully accused, whether it be due to a “red flag” complaint or other confiscation order could have his life, and the lives of those he lives with, put in immediate danger. As evidenced by an armed homeowner fatality in a recent wrong house raid, the victim doesn’t even have to be the subject police are looking for.

Without strong checks and balances to ensure police accountability, the danger to all citizens, armed or not, will remain, and it’s not unfair to wonder what part editorial bias might play in the media’s lack of interest in the Kloepfer story. The notable exception is Smoky Mountain News, which has been on top of this story from the start. That’s no small show of commitment when close-knit connections on the part of powerful and seemingly immune local civil authorities are considered.

As things stand, particularly noting “Video of the Dec. 13 shooting had been subpoenaed — but two weeks later, criminal charges against Kloepfer were dismissed and the subpoenas were never executed,” any assumptions outside that civil authority loop about bodycams are speculative. That makes it paramount that investigations receive credible oversight to ensure they are transparent and complete.

This is especially true since, during the Tribal Council meeting, “concern about placing such a strong barrier to public access of law enforcement recordings” was minimal, and “the few representatives who offered comment indicated they saw protection for officers as the priority and cited a desire to give [Cherokee Indian Police Department Chief Carla] Neadeau ‘what she wants’ in this matter.” The ordinance was submitted by Neadeau, and states “It is not feasible nor in the public interest to subject recordings made by body-worn and in-car cameras to the EBCI’s [Eastern Band of Cherokee Indian’s] public records law…”

That’s facilitated by North Carolina state public records law, which “provides that these recordings can be released to the public only by court order.”

Chief Neadeau and the Tribal Council are effectively saying what’s in the police’s interest is in the public’s interest and they’re codifying that into law. And with the lack of concern by major media to inform the public, no one but a handful of citizens will be the wiser.

The unanimously passed ordinance, awaiting action from “Principal Chief Richard Sneed, who has 30 days to either sign it, veto it, or let it pass into law unsigned,” follows:


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

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Semi-automatic rifle ban passes Washington state Legislature By LISA BAUMANN

Customers look at AR-15-style rifles on a mostly empty display wall at Rainier Arms Friday, April 14, 2023, in Auburn, Wash. as stock dwindles before potential legislation that would ban future sale of the weapons in the state. House Bill 1240 would ban the future sale, manufacture and import of assault-style semi-automatic weapons to Washington State and would go into immediate effect after being signed by Gov. Jay Inslee. (AP Photo/Lindsey Wasson)
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Customers look at AR-15-style rifles on a mostly empty display wall at Rainier Arms Friday, April 14, 2023, in Auburn, Wash. as stock dwindles before potential legislation that would ban future sale of the weapons in the state. House Bill 1240 would ban the future sale, manufacture and import of assault-style semi-automatic weapons to Washington State and would go into immediate effect after being signed by Gov. Jay Inslee. (AP Photo/Lindsey Wasson)

BELLINGHAM, Wash. (AP) — A ban on dozens of semi-automatic rifles cleared the Washington state Legislature on Wednesday and the governor is expected to sign it into law.

The high-powered firearms — once banned nationwide — are now the weapon of choice among young men responsible for most of the country’s devastating mass shootings.

The ban comes after multiple failed attempts in the state’s Legislature, and amid the most mass shootings during the first 100 days of a calendar year since 2009.

The Washington law would block the sale, distribution, manufacture and importation of more than 50 gun models, including AR-15s, AK-47s and similar style rifles. These guns fire one bullet per trigger pull and automatically reload for a subsequent shot. Some exemptions are included for sales to law enforcement agencies and the military in Washington. The measure does not bar the possession of the weapons by people who already have them.

The law would go into effect immediately once it’s signed by Democratic Gov. Jay Inslee, who has long advocated for such a ban. When the bill passed the state House in March, Inslee said he’s believed it since 1994 when, as a member of the U.S. Congress, he voted to make the ban a federal law.

After the bill passed, Inslee said the state of Washington “will not accept gun violence as normal.”

Inslee said lives will be saved because of the semi-automatic rifle ban and two other measures approved by the Legislature this session: one that introduced a 10-day waiting period for gun purchases and another to hold gunmakers liable for negligent sales.

Republican state lawmakers opposed the ban, with some contending school shootings should be addressed by remodeling buildings to make them less appealing as targets and others saying it infringes on people’s rights to defend themselves.

“HB 1240 clearly violates our state and federal constitutions, which is why it will end up in court immediately,” Sen. Lynda Wilson of Vancouver said.

The U.S. Congress reinstating a ban on semi-automatic rifles appears far off. But President Joe Biden and other Democrats have become increasingly emboldened in pushing for stronger gun controls — and doing so with no clear electoral consequences.

Nine states including California, New York and Massachusetts, along with the District of Columbia, have already passed similar bans, and the laws have been upheld as constitutional by the courts, according to Washington’s Attorney General Bob Ferguson.

In Colorado, lawmakers debated on Wednesday about similar gun measures, but a sweeping ban on semi-automatic firearms faces stiffer odds.

Lawmakers in the Texas Capitol set aside a slate of proposed new gun restrictions without a vote after hours of emotional appeals from Uvalde families whose children were killed last year. The hearing didn’t end until the early morning hours Wednesday.

During debate on the Washington state bill, Democrats spoke of frequent mass shootings that have killed people in churchesnightclubsgrocery stores and schools.

Sen. Liz Lovelett of Anacortes said that kids’ concerns about school shootings need to be addressed.

“They are marching in the streets. They are asking for us to take action,” Lovelett said. “We have to be able to give our kids reasons to feel hopeful.”

Another gun-control bill that passed in Washington this session would allow people whose family members die from gun violence to sue if a manufacturer or seller “is irresponsible in how they handle, store or sell those weapons.” Under the state’s consumer-protection act, the attorney general could file a lawsuit against manufacturers or sellers for negligently allowing their guns to be sold to minors, or to people buying guns legally in order to sell them to someone who can’t lawfully have them.

A second bill would require gun buyers to show they’ve taken safety training. It would also impose a 10-day waiting period for all gun purchases — something that’s already mandatory in Washington when buying a semi-automatic rifle.

Some gun-control legislation in other states has been struck down since last year’s landmark U.S. Supreme Court ruling, which set new standards for reviewing the nation’s gun laws. The ruling says the government must justify gun control laws by showing they are “consistent with the Nation’s historical tradition of firearm regulation.”

What I think is that only the lawyers will win out of this! 13 Denny crane ideas | denny crane, boston legal, shatner

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The Gun Control Propaganda That’s Working… on Gun Owners

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Gun Control Activist’s Strange Argument for Not Allowing Teachers to Carry Guns in Class by Julio Rosas

AP Photo/John Amis
A Moms Demand Action activist who said she is a former teacher yelled at Tennessee state representatives for advancing a bill that would allow teachers to have firearms on campus in the aftermath of the shooting at a private Christian school, which left three students and three staff dead.

The shooter, who identified as transgender, specifically targeted the school because another location she thought of attacking had too much security.

The hearing room, which was full of gun control activists, booed and heckled the Republican representatives after voted to advance the bill through a House committee. As people got up to leave, one woman began shouting at the representatives about how she knows how to use firearms but she would never carry inside the classroom because she would not shoot her students.

“I would never carry a gun in front of my students! I loved my students. I would die for them but I would not shoot them,” said the woman wearing a Moms Demand Action t-shirt.

Now there’s a few ways to interpret what she said, none of which are good. One is that she thinks she is not stable enough to be trusted around a firearm because she might use it on a student, which ok, yes, if you think that, you should not have a firearm. One charitable interpretation is she meant the second “them” as in the incoming random attacker, but then in theory her students would still be in danger if she dies without taking out the threat.

The last possible explanation is that she would not shoot her student who is going around killing other students. Again, none of these explanations are good and it was certainly an odd comment to make in an attempt to persuade lawmakers.

—————————————————————————————-As a retired School Teacher myself, I strangely have to agree partically with her. In that the vast majority of teachers that I have met out here in the Peoples Republic. I would NEVER let them near a gun!!! As while frankly while nice folks. I just know that it would be either a blood bath or the shooter would quickly have another gun. Grumpy

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Some more Red Hot Gospel there!

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The Footnote to End All Gun Control by John Crump

GOA Files New Case Against New York's CCIA, iStock-697763642
One Unconstitutional Law Implicates Many Gun Control Regulations, iStock-697763642

The United States of America is founded on the presumption of innocence. After the Supreme Court’s landmark New York State Pistol Rifle Association v. Bruen Supreme Court decision, there is now a presumption that gun laws are unconstitutional unless the government can prove there was a similar law at the time of the ratification of the Second Amendment.

According to the Bruen decision, the interest balancing test does not apply to Second Amendment cases. The courts can only rely on the original text, history, and tradition of the Second Amendment.

This decision put most anti-gun politicians and advocates in a precarious position. Almost no gun control existed at the time of the Second Amendment’s ratification.  With the combination of little to no supporting historical evidence and without leniency from the previous interest balancing test, gun control advocates will have a much harder time of successfully passing legislation that will defeat SCOTUS’s new test. The anti-gun side had to find something in history that would save gun control laws.

Anti-gun state and gun control advocates usually point to the Sir John Knight’s Case that challenged the Statute of Northampton. According to the anti-gun side, the law forbids carrying a firearm in public. Still, most legal scholars agree that it banned the carrying of a gun in public only if the intent is to terrify the people. Without many other examples of gun control laws, the anti-gun side must base their arguments on this case.

Unfortunately for the gun control side, the Supreme Court addressed the Sir John Knight’s Case and others like it. According to Footnote 11 of the Bruen decision, whenever multiple interpretations can be taken from a case, the Supreme Court will favor the interpretation that favors the Second Amendment. This demand puts the burden on the state to prove their analog is consistent with the original text, history, and tradition of the Second Amendment.

Footnote 11 reads: “The dissent discounts Sir John Knight’s Case, 3 Mod. 117, 87 Eng. Rep. 75, because it only “arguably” supports the view that an evil-intent requirement attached to the Statute of Northampton by the late 1600s and early 1700s. See post, at 37. But again, because the Second Amendment’s bare text covers petitioners’ public carry, the respondents here shoulder the burden of demonstrating that New York’s proper-cause requirement is consistent with the Second Amendment’s text and historical scope. See supra, at 15. To the extent there are multiple plausible interpretations of Sir John Knight’s Case, we will favor the one that is more consistent with the Second Amendment’s command.”

Because SCOTUS referenced the case in a footnote doesn’t mean the state will not try to use Sir John Knight’s Case. We have seen states argue that they can use laws from the ratification date of the Fourteenth Amendment to defend their anti-gun statutes. The Fourteenth Amendment was ratified shortly after the Civil War ended when states passed laws to prevent formerly enslaved people from getting firearms. Some courts might even accept these arguments, but it is delaying the inevitable.

SCOTUS laid down a straightforward test for gun laws. If a law is inconsistent with the plain text, history, and tradition of the Second Amendment, it must be thrown out. This new test puts the burden on the states to prove that their law is compatible with the Second Amendment.

 

 


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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Hope Over Experience: Washington Dems Pass California-Style ‘Assault Weapons’ Ban Claiming It Will Reduce Crime By TTAG Contributor

Reopening 'quite a ways away,' but mitigation efforts working: Washington  Gov. Inslee - ABC News
Washington Gov. Jay Inslee (AP Photo/Ted S. Warren, File)

From the CCRKBA . . .

Democrats in the Washington State Legislature put politics ahead of constitutional rights Saturday when they voted 27-21 to approve House Bill 1240, which bans the future sale, manufacture and importation of so-called “assault weapons,” the Citizens Committee for the Right to Keep and Bear Arms said today.

“Contrary to Democrats in Olympia, who sound like they’re reading from the same script, modern semiautomatic firearms are not ‘weapons of war’,” said CCRKBA Chairman Alan Gottlieb. “This ban will not improve public safety, as proponents such as Attorney General Bob Ferguson have asserted. It will only impair the rights of law-abiding citizens, while doing absolutely nothing to prevent criminals from committing murder and mayhem, and they know it.”

The legislation, which goes back to the House for concurrence, does not ban possession of semiautomatic rifles, shotguns or handguns by people who already own them.

“One or more lawsuits challenging this legislation will almost certainly be filed within days, if not hours, of Gov. Jay Inslee’s signing,” Gottlieb predicted. “Ultimately, we expect this law to be nullified by the courts as a violation of the Second Amendment and Washington State’s constitution. In the meantime, of course, Evergreen State gun owners will continue to be treated like second-class citizens by the self-righteous zealots behind the ban, while the criminal element will remain undeterred and unencumbered.

“Proponents of this legislation have touted the results of a poll done last year by the Northwest Progressive Institute showing that 56 percent of Washington voters support a ban,” he continued. “What they overlook is that constitutional rights are not subject to popularity polls, a fact we expect the courts to remind them about in the days ahead.

“The truly sad part about this is that people who have been gulled into believing a gun ban will have any major impact on violent crime are going to find out the hard way they were misled by the gun prohibition lobby,” Gottlieb observed. “All this accomplishes is that it gives anti-gunners an excuse to celebrate at the expense of law-abiding Washington citizens who have committed no crime, and whose only sin is that they choose to exercise a constitutionally protected right. Where’s the justice, or even the logic, in that?”

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California’s Armed and Prohibited Persons list sees slight decrease in backlog by Ashley Zavala

California Attorney General Rob Bonta released a report on Monday showing a slight reduction in the number of people who need to have their legal weapons taken away because they’ve either been convicted of certain crimes or have some sort of restraining order against them.

The program is part of California’s Armed and Prohibited Persons System (also known as APPS), which has been tracking firearm owners since 2006 who are prevented from having them because they were convicted of a felony, certain misdemeanors, have a restraining order against them or had a mental health triggering event.

California is the only state in the country with this kind of system.

The California Department of Justice’s 2022 report showed the number of people on the backlog dropped by about 3% compared to 2021, with now 23,869 people on the list of people that should have their weapons taken away. More than 9,200 of those cases are considered active, while the rest are considered “pending”, which the DOJ defines as cases in which agents have exhausted all leads or have determined the person is no longer within the state’s jurisdiction.

“Last year our team knocked on more doors than ever before in the history of the APPS program,” Bonta said, noting special agents made 24,000 contacts in 2022. Bonta said more people were removed from the apps list than added that year.

The report shows special agents seized 1,437 guns, 64% of which were known through APPS, while 36% were firearms that weren’t tracked in the database or illegal. Most of the weapons recovered are handguns, but the Department of Justice investigators noted long guns, ghost guns, and assault weapons have been found. A grenade launcher was displayed in Monday’s presentation.

Bonta said several efforts are underway to address the issues that have plagued the program for years, which were at the center of a legislative hearing in January. Primarily, Bonta wants to permanently fund a requirement for courts to confiscate the weapons at the time a firearm owner is convicted of a crime, and fund a similar program with those met with a restraining order.

Assm. Tom Lackey, R-Palmdale, said the DOJ’s report was mixed news.

“I think we’d have much greater reduction if we were a little bit smarter in how we’re implementing this,” he said.

Lackey recently went on an APPS ride along, where he saw first-hand how tedious the process is. He said he supports Bonta’s efforts to make the system more efficient, including an update to the old technology and the numerous databases it requires.

“They’ve got my complete support for that undertaking because what’s the cost of a life? This should be a priority,” Lackey said.

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NY State Defies SCOTUS on Stun Guns, Putting Good Citizens At Risk of Jail Time by Dan Wos

Iowa Stun Gun Bill on Campus Waiting for Governor's Signature
iStock

USA – We saw New York State’s blatant defiance of the NYSRPA v. Bruen case when the Democrat-dominant legislature slapped the Supreme Court in the face with the implementation of the Concealed Carry Improvement Act (CCIA) that went into effect in September of 2022. The CCIA was quickly voted on in Albany and signed into law in July of 2022, immediately after the June SCOTUS ruling when they Declared New York’s existing gun laws to be unconstitutional.

Matt Mallory, Founder of Public Safety and Education (psanded.com) / Host of Meet the Pressers (meetthepressers.com) said, “Why is it so hard for NY politicians to just obey the rulings from the highest court of the land? They expect us to obey their laws even though we all know true criminals won’t! Just to show us the distain NY politicians have for it’s legal law-abiding gun owners, the CCIA law could get you charged with a felony and over a year in prison for not being in compliance with the law! I wish SCOTUS could do the same for the Bruen decision. I bet Politicians would be less likely to blatantly defy a SCOTUS ruling ever again.”

Many people are asking, “how is this possible if the Supreme Court declares a law unconstitutional?”

Easy. Albany Democrats do what they want.

We must understand the mind of a tyrant. Although normal people would respect the ruling of the highest court in the land, Democrats spit in the face of our sacred judicial system if it doesn’t suit them politically. We are watching the same scenario play out with a recent 2019 ruling on stun guns.

Although SCOTUS ruled that the Second Amendment applies “to all instruments that constitute bearable arms,” NYS Law S 265.01 remains on the books. The unconstitutional law continues to put New York residents at risk of heavy fines and even jail time for possessing a stun gun.

The law states that a person is guilty of criminal possession of a weapon in the fourth degree, a class A misdemeanor with up to a year in prison, when: He or she possesses any firearm, electronic dart gun, electronic stun gun…

Although some jurisdictions have decided to ignore the State’s unconstitutional law, in support of the 2nd Amendment, Patrolman Zonnevylle arrested Austin T. Johnson for possession of an electric stun gun. This incident occurred in the 100 block of East Garden Street in the City of Rome, New York. Luckily for Johnson, the case was dismissed on a technicality. The law, being in blatant defiance of multiple court rulings, remains on the books today, continuing to put New Yorkers at risk of arrest.

Matt Mallory said, “Before COVID, I met with the NY Senator’s office that put a bill forward in 2019 to reclassify these tools under NY law. That bill, S2421, just keeps getting recycled every session and goes nowhere. This is a perfect example of New York State politicians dragging their feet. Is it on purpose? I leave that for you to decide.”

Our founding fathers would’ve never believed that future Governors and State Legislators would make Americans choose between their own personal safety or jail time. While Governor Hochul lets prisoners out of jail, it would seem those cells will not remain vacant for long as long as there are good people willing to defend themselves against her recently released detainees.

The 2nd Amendment is not a privilege. It’s your right.
Dan Wos
Author – Good Gun Bad Guy
Host – The Loaded Mic


About Dan Wos, Author – Good Gun Bad Guy

Dan Wos is available for Press Commentary. For more information contact PR HERE

Dan Wos is a nationally recognized 2nd Amendment advocate, Host of The Loaded Mic and Author of the “GOOD GUN BAD GUY” book series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on Newsmax, the Sean Hannity Show, Real America’s Voice, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.

Dan Wos
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Manhattan garage worker charged with attempted murder after shooting thief By Larry Celona and Kathianne Boniello

(The Manhattan DA’s office run buy Alvin Bragg U-turned on Sunday by saying it would not charge a garage security guard who shot a suspected thief on Saturday.)

A Manhattan parking garage attendant who was shot twice while confronting an alleged thief — then wrestled the gun away and opened fire on the suspect — has been charged with attempted murder, police said.

The overnight worker, identified by cops as Moussa Diarra, 57, was also hit with assault and criminal possession of a weapon charge in the Saturday incident, which unfolded around 5:30 a.m. as the attendant saw a man peering into cars on the second floor of the West 31st Street garage, the sources said.

Believing the man was stealing, the attendant brought him outside and asked what was inside his bag.

Instead of cooperating, the man pulled out a gun, the sources said.

Diarra tried to grab for the weapon, and it went off — leaving him shot in the stomach and grazed in the ear by a bullet before he turned the firearm on the would-be thief and shot him in the chest, sources said.

NYPD Evidence Collection team gathering items left after two men shot each other in a dispute in the street.
A Manhattan parking garage attendant who was shot twice while confronting an alleged thief has been charged with attempted murder.
William Farrington

The suspected thief, identified as Charles Rhodie, 59, was also charged with attempted murder, assault and criminal possession of a weapon, as well as burglary, police said late Saturday.

Parking lot where the incident occurred.
The overnight worker, identified by cops as Moussa Diarra was also hit with assault and criminal possession of a weapon charge in the Saturday incident.
William Farrington

While police hit Diarra with attempted murder, it wasn’t immediately clear if prosecutors would follow through with the charge.

The initial charges against Diarra sparked outrage — and recalled the case of Manhattan bodega clerk Jose Alba, who was charged with murder after a fatal July 1 confrontation in his store with an angry customer who came behind his counter and accosted him.

Family friend Mariame Diarra, who is not related to the attendant, slammed the decision to hit the married dad of two with charges.

“That’s self-defense. The guy tried to rob his business,” she told The Post. “He’s there for security. That’s literally his job, to defend his business. … He takes his job seriously. … Attempted murder charge has no place there. He [robber] came to find him at his job with his gun, he [Diarra] has to defend himself.”

An individual who works nearby the garage, which is across from Moynihan Train Station, was also incredulous.

“You are kidding. That’s an April Fool Day joke, right?” the worker asked of the charges against Diarra, adding, “How can a hardworking man get arrested for defending himself?”

Alba spent six days in Rikers before Manhattan District Attorney Alvin Bragg dropped the controversial murder charge amid intense public pressure to do so.

Outside the parking garage.
Diarra tried to grab for the weapon, and it went off — leaving him shot in the stomach and grazed in the ear by a bullet before he turned the firearm on the would-be thief.
William Farrington

One cop who heard of the attempted-murder charge against the parking garage worker snarled, “People like Alvin Bragg have made this city unsafe, and this worker is a victim defending himself.”

What do you think? Post a comment.

Moussa and Rhodie, who both live in Manhattan, were taken to Bellevue Hospital in stable condition after the incident, authorities said.