Since Smith resigned just ahead of a guilty verdict on corruption charges in a civil trial and the Supreme Court struck down “may issue” permitting systems like the one in place in the county, things still haven’t appreciably improved, with Second Amendment attorney Kostas Moros reporting earlier this month that the new sheriff has approved almost three dozen applications, while nearly 900 more remain in the pipeline.
While only a handful of Santa Clara County residents have received their carry permits, that hasn’t stopped one community in the county from trying to block concealed carry holders from exercising their right to bear arms in public. Earlier this year the Los Gatos City Council approved a sweeping ordinance establishing a host of new gun-free zones that was set to take effect on September 1st, but thanks to Second Amendment advocates those “sensitive places” are now on hold.
Michel and Associates, law firm representing the California Rifle & Pistol Association and the Second Amendment Foundation, recently sent a letter to the town saying the concealed carry ordinance approved this summer infringes on the constitutional rights of gun owners.
“Specifically, the ordinance makes it so that firearms are prohibited to be carried – even by those with a permit – in town property, public transit and places of worship,” the letter reads.
Town attorney Gabrielle Whelan said the council met in a closed session last week and voted to suspend enforcing the ordinance on those locations until anticipated litigation against the state is resolved.
“We’re taking it seriously,” Whelan said. “The town’s ordinance is modeled on pending state legislation.”
The ordinance was set to go into effect on Sept. 1. While the town is halting enforcement at places of worship, public transportation and some town property, the ordinance will be enforced at schools.
The town already took what Whelan called a conservative approach in defining sensitive places, naming only locations that have already been cited in existing case law to avoid litigation.
A truly conservative approach to the town’s carry laws would mean rejecting the legislature’s proposed prohibitions outright, not adopting them as the city’s own. And if Whelan and the city council were really that confident that these “sensitive places” would withstand a court challenge, suspending enforcement is a funny way of showing it.
The good news is that those few concealed carry holders in Santa Clara County can exercise their right to bear arms relatively unimpeded in Los Gatos, at least in the short term. But with lawmakers in Sacramento set to approve SB 2 and its own laundry list of prohibited places, gun owners across the state are soon going to be subjected to the same infringements that Los Gatos officials tried to implement at the local level.
I expect the first lawsuits challenging SB 2 to be filed almost as soon as Gavin Newsom signs the bill into law and Santa Clara County officials may still end up getting sued over the lengthy delays and the cost of acquiring a carry permit as well; given that it currently costs more than $1,000 dollars between training, a mandatory psychological evaluation, and a load of administrative fees before residents can access their right to bear arms in public.
Even with Sheriff Smith ousted in disgrace, gun owners in Santa Clara County have a long way to go before officials truly take their Second Amendment rights seriously.
A 54-year-old woman living just outside of Tucson, Arizona didn’t really want to have to shoot a neighbor to tried to force entry to her residence, but the man didn’t give her many options. Living by herself, she didn’t have anyone else to help her repel the would-be intruder. She did have a handgun, though, and he availed herself to the great equalizer.
The would-be intruder, a 42-year-old registered sex offender named Jayson Magrum, apparently didn’t care that she’d gotten her gun and told him to stop. Maybe he didn’t think she’d use it. She even fired a warning shot as he tried to crawl in through a window. Even after the shot, Magrum reached in and tried to disarm the woman.
That’s when she shot him. At point-blank range, the pistol proved itself as a great equalizer, ending the attack. The sex offender collapsed after a few more steps and will re-offend no more.
A convicted sex offender was shot and killed by a woman while trying to break into her Arizona home last week, officials said.
The Pima County Sheriff’s Department said 42-year-old Jayson Magrum died in the Aug. 11 shooting at the home in Three Points, just outside of Tucson.
According to the sheriff’s department, Magrum was trying to break into a woman’s home. She told him to leave, but he did not stop.
Officials said the woman then grabbed a gun and fired a warning shot. Magrum then tried to disarm her, and he was shot and killed.
Fox10 Phoenix had some additional details:
The incident happened just after 2 p.m. on Aug. 11 near Garvey and Pyle Roads. Investigators say 42-year-old Jayson Magrum tried to break into a 54-year-old woman’s home. The woman was home alone and yelled at Magrum to leave, but he allegedly continued to try and break into the home.
“The female armed herself with a handgun and fired a shot out of a window to attempt to scare the male away,” the sheriff’s department said.
Magrum allegedly reached inside the home and tried to take away the gun. The woman then opened fire, shooting Magrum.
Magrum collapsed in the driveway and died at the scene
Once again, a successful defensive gun uses brought to you by the Founders and the right to keep and bear arms. The only thing that stops bad people with evil in their heart is a good guy or good gal with a gun. That is all.
NEW YORK CITY – A man fleeing New York City police officers on a motorcycle died Wednesday after a sergeant hurled a plastic picnic cooler at his head from close range, causing a violent crash, authorities said.
Surveillance video viewed by The Associated Press showed Duprey driving the gas-powered motorcycle on a sidewalk toward a group of people, including the sergeant, who was not in uniform.
As he approached, the video shows Duran pick up a red object — the picnic cooler — and throw it. Duprey is struck hard. He loses control, then is tossed toward a tree as the motorcycle veers into the street. The bike smashes into a metal barricade before coming to rest against a parked car.
Duprey was pronounced dead at the scene minutes after the crash, which happened around 5:30 p.m.
Police said Duprey tried to flee on a friend’s motorcycle after he was caught selling drugs to an undercover police officer. The sergeant was standing on the sidewalk as part of the “buy-and-bust” operation carried out by the Bronx Narcotics Unit. Police declined to specify what drugs Duprey was accused of selling.
Reached by phone, Duprey’s mother, Gretchen Soto, told The Associated Press the police narrative was “all lies,” insisting her son was not selling drugs or trying to evade officers. She said she was on a video call with him from Puerto Rico on Wednesday when suddenly the screen went dark.
“He wasn’t fleeing. He wasn’t fleeing. He was just on the motorcycle talking to me on the video chat. And he passed by that place when all of a sudden the call cut out,” she said in Spanish.
She said Duprey lived in the Bronx, worked as a delivery driver and had three children, ages 3, 5 and 9.
“They left three fatherless babies,” Soto said. “I’m going to get justice.”
New York Attorney General Letitia James’ office, which has jurisdiction to probe deaths involving police, is investigating. The NYPD said it is cooperating.
“The NYPD is committed to ensuring that there will be a full, thorough, and transparent investigation of this incident to determine the facts and to take the appropriate steps forward,” the department said in a statement.
A message seeking comment was left with Duran’s union. The Daily News first reported the incident.
Duran, a 13-year veteran of the department, joined the Bronx Narcotics Unit last September. He has been recognized by the department dozens of times for what it deems excellent and meritorious police service, according to a police personnel database.
Duran’s disciplinary record includes a substantiated complaint last year for abusing his authority during a stop, according to the city’s Civilian Complaint Review Board.