Episode 290 – San Diego Testimony


“An armed society is a polite society.. and this is the Polite Society Podcast where we support and report on civilian self-defense.”

John: Welcome to the polite society podcast presented by the Firearms Policy Coalition.  We’re recording on Wednesday, December 3rd, 2014.  I’m John Richardson
Rachel: I’m Rachel Malone and on tonights show we’ll talk about the charges being dropped against seven open carry demonstrators in Texas after their wrongful arrests last year.
Rob- I’m Rob Morse and in one of our DGU’s, a Kansas man admitted you’re never prepared to defend your family. So climb aboard.
Rachel: strap in
John: and hang on!  Episode 290 of the Polite Society Podcast starts right now.

Show intro music.

Seg 1- Personal news from each participant
John- We had to delay the release of our Sunday podcast because we’d reached our bandwidth limits.  Our podcast has grown slightly longer and larger.. and we have more listeners.

John – I am working on a ultra-lightweight AR build. My carbon fiber lower arrived Monday and it is less than half the weight of a normal AR lower. I hope to get it assembled this coming weekend while hanging out with my son-in-law’s dad Jeff. We have been banished from the baby shower for my future granddaughter. I think we may also go to a local shooting range.

Rachel- Spent a while this afternoon printing up gun bills. I started to roll my eyes about the hundreds of pages of open carry bills that I have to read through and study…and then I caught myself. That’s a much better problem to have than last year’s problem. This weekend is the quarterly SREC meeting. They’ll be discussing the Constitutional Carry resolution. I’ll be there.

Rob- I testified before the San Diego County Board of Supervisors about our Sheriff’s concealed carry policies.  The Supervisors give the public a chance to speak every few weeks.  You get two minutes.  Three of us spoke.  I’ll play the testimony during the interview segment.

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Seg 2- News

Welcome to the Polite Society Podcast news segment powered by the Firearms Policy Coalition.

1- Seven Texans were wrongfully arrested last year during open carry demonstrations at the Texas State Capitol. They were carrying black powder pistols, or – in one case – a toy revolver. None were breaking any law, however, their revolvers were confiscated as evidence and they were forced to fight court battles. Last week, they were vindicated: all charges against them were dropped.

Rob’s comment- I thought Austin was a liberal city.. and that liberals encouraged a free expression of diverse ideas and lifestyles.  Not if “pro-choice” includes the choice of self-defense.

2- Do we tell the truth when a survey calls us and asks if we are gun-owners?  Some of us do, and some of us don’t.  The way you find out is to get a list of people who have registered their firearms with the state.  Then, call these registered gun owners and ask them if they own guns.  Some will deny owning guns when a stranger calls on the phone.  That is exactly what some researchers did.  Their results suggest that telephone surveys under-report gun ownership by between one in eight gun owners to one in ten.

3- A Bloomberg-funded, anti-rights group submitted petitions demanding universal NICS checks for every firearms transfer in Nevada.  A pro-rights group read the law, and checked the petitions.  Now Nevadans for State Gun Rights asked Nevada’s Secretary of State Ross Miller to disqualify the proposed ballot measure because the petitioners didn’t follow the law.

For example, petitions were turned in Nov. 13 to the Storey County clerk.  That means proponents not only missed the Nov. 12 deadline there.  It also means the petitioners missed a requirement to submit documents to each of Nevada’s 17 county clerks on the same day.  Some petition pages also lacked a required affidavit, some were circulated by ineligible signature gatherers, and 52 signatures were dated after the Oct. 25 notary date.  The spokesman for Nevadans for State Gun Rights said they expect to find more irregularities with petitions submitted to clerks in 10 other northern Nevada counties.  Clerks in the state’s 17 counties have until Thursday to sample petitions and report any irregularities.

4- I’m not sure if this is good news, or not.  The New Jersey Attorney General’s office ruled that smart guns are not so smart after all.  That means the Armatix iP1 handgun does not start the clock on that state’s so-called “smart gun” law.  The Attorney General said, quote “After careful consideration of the iP1’s design, we have determined that it does not satisfy the statutory definition because, as a matter of design, the pistol may be fired by a person who is not an authorized or recognized user. That is, as long as the pistol is situated within 10 inches of the enabling wristwatch, it may be fired by anyone..”

Break-  We’ll be back with more news about New Jersey after this break.

5- Some older politicians are slowly learning about social media.  New Jersey State Senator Loretta Weinberg posted a picture of her trip to Israel on Facebook.  This is the same New Jersey Senator who repeatedly said she does not think New Jersey citizens should be allowed to own or carry a firearm for defense.  She said quote “I don’t like guns”.

Then she posed with two Israeli Defense Force soldiers carrying guns and Weinberg said how SAFE she felt with them.  Don’t blame the messenger.  Facebook simply let us see Senator Weinberg as the hypocrite she is.

6- Also from New Jersey- multiple home invasions of asian-indian homes.  Peter Kothari, a local activist in the Indian community, said that patience is wearing thin.

“We are scared,” Kothari said. “People in power don’t understand. I’m lucky I’m not a victim like that. I know that if I have to pass one minute with a gun on my head, how would I feel?”

Kothari said he’s working on organizing a protest or a news conference to bring attention to the community’s concerns. Despite the nearly month-long lull between invasions, Kothari said he was never entirely at ease about the chance that it could happen again.

“It’s going to happen, naturally,” Kothari said. “Once they run out of the money they will go out and do it. Somebody at some point is going to get hurt.”


7- These are important days for gun rights in New York, and for gun rights in the rest of the United States.  Next week, the U.S. Court of Appeals for the Second Circuit will hear oral arguments in the case of Nojay versus Cuomo.  The case questions the New York SAFE act.  At stake is whether the Second Amendment is only meaningless rhetoric that allows the government total control over what firearms citizens may or may not possess.  The law’s backers are calling the bluff of gun owners in a very high-stakes gamble.  The anti-rights politicians are trying to force the US Supreme Court to rule whether all Americans have a constitutional right to an AK-47 and a 30-round magazine, or if guns can be regulated without limit.  They are confident that the Supreme Court is dominated by justices from liberal states with the strictest gun control laws in the country.. and that the Justices will vote “no.”

8- Jaime Caetano was beaten so badly by her ex-boyfriend that she ended up in the hospital. So when a friend offered her a stun gun to protect herself, she took it. Caetano, who is homeless, never had to use it but now finds herself at the center of a contentious Second Amendment case headed to the Massachusetts Supreme Judicial Court. The question is whether the state law that prohibits possession of stun guns by private citizens violates the right to keep and bear arms. The court is also being asked to examine whether the Second Amendment right to defend yourself in your own home applies in the case of a homeless person.

This case dates back to 2011 when police found Ms. Caetano’s stun gun while investigating her over a shoplifting incident.  She was found guilty of violating the state’s ban on stun guns.  In her appeal, her lawyer, Benjamin Keehn, argues that a stun gun falls within the meaning of “arms” under the Second Amendment. Keehn wrote in a legal brief that the state’s ban “cannot be squared with the fundamental right to keep and bear arms.” He also argues that self-defense outside the home is part of the core right provided by the Second Amendment.


9- A U.S. Navy Gulf War veteran and his wife are challenging the constitutionality of the Commonwealth of the Northern Mariana Islands Weapons Control Act.  With the help of the Second Amendment Foundation, David Radich and Li-Rong Radich have until the end of the year to submit their request for summary judgement to the federal court.  The Mariana islands are as far west of Hawaii as Hawaii is west of San Diego.  Evil is everywhere, and Mrs Radich was attacked in 2010 while her husband was deployed.  She was home alone when their residence was invaded.  She was attacked and beaten.  She suffered two broken ribs, facial contusions, along with a broken orbital bone and eye socket.

James C. Deleon Guerrero is the Department of Public Safety Commissioner in the Islands, and is the defendant in the case.  The Commissioner and his lawyer expect an unfavorable ruling from the federal judge.  They asked the Island Legislature to pass an alternative gun control law quote “swiftly and without hesitation.”

10- Rachel- Kathy Jackson gave us this lengthy gun quote– “The most important factor affecting how children deal with guns is how they are taught about them. A study of 675 Rochester, New York ninth and tenth graders contrasted children who had been socialized into gun use by their family with children who had been socialized into gun use by peers. For the children whose families had taught them about lawful gun use, the children were at no greater risk of becoming involved in crime, gangs, or drugs than children with no exposure to guns. But the children who were taught about guns by their peers were at high risk of all types of crime and improper behavior, including gun crime.”  Kathy’s take is this.  Smart parents teach their kids about the world, including how to safely use ‘dangerous’ tools like kitchen knives, hot stoves, and firearms.  Smart parents also keep firearms safely locked up where unauthorized people — including children — cannot reach them. But smart parents also remember that the most basic goal of parenting is to work yourself out of a job. As the kids grow, so should their knowledge of the world.

John- Hang on everybody, we’ll be right back after this advertisement Concealment Solutions

Segment 3 Interviews
Audio from testimony before the San Diego County Board of Supervisors.  Have you testified yet?

Segment 4 DGUs

Welcome to the DGU segment of the Polite Society Podcast powered by the Firearms Policy Coalition.

1-A homeowner in Sedgwick County, Kansas woke early in the morning to the sound of his alarm going off.  The next sound he heard was breaking glass.  The homeowner grabbed his firearm and shot the intruder as he entered the home.  When asked if this was something he’d prepared for, the homeowner said, “No, absolutely not. Can’t say that I was prepared for it. I don’t know how you prepare for something like that.”  The burglar was taken to an area hospital for treatment of his gunshot wound. He was then arrested on aggravated burglary charges.  Two adults and three children were at the house at the time of the break-in and shooting. None were hurt.  “We’re thankful that everyone is safe,” the homeowner said.

2-A San Antonio teen robber is in the hospital with a chest wound. He had forced his way into another teen’s home intent on robbery early Monday morning. The robber and his intended victim got into a scuffle and the robber ended up being shot with his own 9mm pistol. The robber was airlifted to University Hospital and is in critical condition. Police say no charges are expected against the teen who shot the robber.

3- Domestic disputes are not pretty. Steven Swanson of New Orleans tried to run his wife and children down with his truck after arguing with his wife the Friday before Thanksgiving. She had been trying to leave following the argument. She was armed and shot him several times in an effort to protect herself and the children. Swanson died later at a local hospital. While police are still investigating the incident, no charges are pending against the wife who is a Harbor Police patrol officer.

4- An Amarillo, Texas home owner was the victim of a burglary twice in one day. The first time the thieves broke in and departed. However, when Dustin Kirkland, 26, and Ashlee Posey, 21, returned to rob again, they were met by the homeowner who was armed. He held them at gunpoint until police arrived. Prior to their arrival, the homeowner had notified police he was holding the suspects. The two were arrested and charged with burglary of a habitation.

5- Three men walked into a south city bar in Saint Louis, Missouri late at night.  They yelled for everyone to get down on the floor.  One of the robbers shot a female customer in the head.  The bar called Pooh’s Corner is a well known hangout for off duty police officers.  After the robbers started shooting, an off duty police officer started shooting back.  One of the criminals was shot in the chest, the other was shot in the eye.  Both were taken into custody.  The wounded customer at the bar was taken to the local hospital where she died of her injuries.

Here is the Glock commercial where a criminal tries to rob a cop diner.

6- I hope your Thanksgiving went well and your guests were polite.  A family in Whitmore Lake, Michigan had family over for the holiday.  A neighbor’s ram had escaped and was grazing on Mike Richard’s lawn.  First it chased the family into their house.  The ram broke a glass storm door and then tried to butt its way through their garage door.  That is when Mr. Richard shot the neighbor’s animal.  Mr. Richard says he needed to protect his mother-in-law and pregnant relative.  He also said it was a Thanksgiving he and his family will never forget.

We have the links to each of our news and defensive gun use articles at Polite Society Podcast.com if you want to share them with a friend.

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Segment 5 Show close

Listener e-mail discussion
-Reader Mark N. writes:

California Attorney General Kamala Harris has moved for an en banc reconsideration/rehearing of the denial of her motion to intervene in the Peruta case.   Her legal brief refers to the pending en banc application in the companion case, Richards v. Prieto.  AG Harris addresses neither why the state’s interests cannot be adequately represented by Sheriff Prieto, nor why it is that she didn’t seek to intervene in that case.

There is an explanation as to why Harris did not intervene in Richards.  The state was even named as a defendant in Richards.  The state successfully argued to be dismissed as a defendant because the state was not a proper party to the lawsuit.  The state argued that the Richards case only affected the application of the sheriff’s discretion in issuing carry permits.  The state argued that the case did not address the underlying constitutionality of the state’s may issue law.  That is the direct opposite of what Harris is arguing in Peruta.

-Ken from Phoenix writes:
Listening to the most recent DGU’s on your podcast, about a home invasion, I thought I’d send you this info. It’s about opening a door safely to see who is out there. I recently became aware of a company called Security Screen Masters and went ahead and bought them for my home here in Phoenix. Originally designed as hurricane safety screens, they are steel and aluminum, and work quite well for security. You can keep your doors and windows wide open, with the security screens locked, and the bad guy can’t get in. Yet, you have full-view to the outside. They also work as sun screens, and also keep all the bugs out, just as a normal screen would do.

Yes, they are very expensive. The installer said I was unusual in that most people don’t buy them until after their house was broken into. But, I had the money, so I got them before a crime was committed here.  It’s an added insurance policy that I pay for one time only.

How expensive? Figure what you’d consider reasonable, double it, and double it again!  My single story home cost $8,000 for all the doors and windows, averaging about $1,000 per opening. But, if you have the money, what price is security?

Here’s the link- http://securityscreenmasters.com

I get nothing out of this. I’m only a customer. But it was new to me, and maybe of interest to you and your listeners.
Ken Silva
Phoenix, AZ

(DO NOT READ)The Polite Society download app is out on Amazon for Android and the I-phone app is in I-tunes and it is called Podcast Box.  They are located by our old name, Politics and guns.  Hot links are in our show notes.

Rob- John, do you want to mention your post on your No Lawyers, Only Guns and Money, Blog?

I did a post about the Liberal Party of Canada and their opposition to changes in that county’s gun laws. They especially object to the bill’s switching the authority of deciding which guns should be prohibited from the RCMP to elected representatives. They call it unacceptable. It is hard for me to understand anyone wanting leave critical decisions like this in the hands of unaccountable bureaucrats rather than in elected representatives.

John: That wraps up another episode of the Polite Society Podcast.  I’d like to thank (Guests) for joining us today.  co-hosts, will you be with us next time?  I’m looking forward to it.  Until the next time.. stay safe,
Rachel: be aware,
Rob: and we’ll see you down the road.

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