Three men were shot in a bizarre incident at a Las Vegas apartment complex the night of Tuesday, March 30. It appears to involve a defensive gun use.
According to Metro statements and news articles, it looks like two men got into a physical fight after an argument. A third man, described as a witness, was present. When one of the men involved in the fight drew a gun and shot the other man in the fight. The witness left at some point and came back with a gun. A short gunfight ensued. It is not clear if the witness was injured, but also he did shoot and kill the gunman from the fight.
Two men are dead. It appears to be the first shooting victim from the fight and the gunman from the fight. At least two of the men knew each other. Metro is saying in its Twitter statement the witness came out of an apartment, making it sound like he intervened.
So the witness who did not save the first victim's life, did stop the shooting. The witness apparently had better aim than the gunman as the gunman died at the scene while the victim from the fight died later at the hospital.
A shooting like this brings up some questions. First, it is legal to use engage in defense of a third person as if it were yourself.
Should you intervene? I'm guessing that the three knew each other, or at least the witness knew the victim. Intervening in a violent situation is a choice each of us must make. What can we live with? If someone was attacking my friend, I'd defend them too. But a random neighbor? Is it worth the legal and mortal risk to yourself? Even armed good Samaritans get hurt.
We recently submitted a public records request to LVMPD to provide documentation on how they justified the decision not to accept any CCW classes after 3/24/2020. In response, LVMPD denied releasing any documentation citing the deliberative process and attorney-client privilege. All they provided was a copy of the governor's order
If the point was no longer moot (Metro backed off ban of CCW classes), I'd file suit. State law changed in 2019 specifically because Metro and government agencies play games like this. So with no need for a gun rights lawsuit, there is no need to file a public records lawsuit just to tell us we already know that Metro knows they stepped on themselves.
So in short, since Metro will not provide the truth of their decision, I'll set the narrative and let them refute if they will. Sheriff Lombardo and/or his department unilaterally decided to arbitrarily, and likely illegally and unconstitutionally, decided to essentially ban CCW classes based on the governor's social distancing order. They did so probably in good-faith to keep people from spreading the virus or getting sick, but failed to offer any alternatives or properly justify their action. In doing so, they showed a calloused disrespect for the right to bear arms.
As the Firearms Coalition began to address the issue of expiring permits, Metro backtracked a few days ago and is allowing CCW classes to go forward with social distancing in place. Expiring permits were extended statewide until 7/15/2020 under the temporary permit authority.
In future reforms of public records laws, the government must not be allowed to rely on privilege to deny record requests. It is likely further positive reforms of the public records law will be undertaken in 2021.
Our records request with the Attorney General was filed yesterday to see if they've had any correspondence with Metro on the issue.
On Tuesday, Dr. Fauci said at the White House daily coronvirus briefing that we should expect 100,00 deaths from COVID-19. April will be a rough month. Estimates of how long lock downs and shut downs will continue for have been extended. As people hurt, emotionally, psychologically, and financially, how will things devolve?
What will we do when people run out of money because they can't work and they begin to riot? Food riots are a story as old as time. If people can't get food, civil unrest follows closely there after. Hunger and starvation is a powerful motivator that will make an ordinarily law-abiding person desperate and dangerous.
Now we can be safe at home if we don't have to go out. Staying at home makes defense against burglars and mobs a lot less complicated, but what do you if you go out? Let's take a look at your options if you get caught in a sudden riot or need to use less-lethal force options.
Remember the first rule; stay away from dangerous places!
Be careful drawing your weapon. If you are involved in any kind of dispute, state that you are backing out and immediately leave the area. Decline any involvement in anything that might escalate to violence. First, drawing your (deadly) weapon in a fight or in a rude, angry, or threatening manner is illegal. If you are upset, yelling at someone, or arguing with them, and things become violent, it can be argued that it was no longer self-defense if you shot/hurt them.
If you have to draw your weapon, do so only in a truly life-threatening situation. Second, never put yourself in a position where it can be said you started the fight. The original aggressor loses the "stand your ground defense."
And remember, no warning shots! Either shoot to stop at lethal threat or not at all. Warning shots aren't legal and can be dangerous. The only time you should be pulling a trigger is if you or someone else is in mortal danger and you are legally justified in shooting someone.
Less-than lethal options
Now you still can't go around preemptively pepper spraying people in the face, but having pepper spray on your belt is another great option. It's not lethal and can be used in violent situations that don't rise to deadly force. For instance if someone is punching you for buying two pineapples, it's probably a pepper spray solution, not a gun solution.
Pepper spray or mace, basically irritant sprays, are the most common forms of less-than lethal defensive weapons. Pepper spray is concentrated extract of oleoresin capsicum, (OC) the stuff that makes hot peppers hot. It has the predictable effects on your skin, your eyes, and nose as it does your mouth. It's really, really unpleasant.
Pepper spray doesn't affect everyone the same. Some people can attack even after taking a whole face full of it. Or it can affect you, if you overspray and get it on yourself. Or you pass through a whole cloud of it. Among police officers, getting some of the spray on yourself is common and part of the reason why cops get sprayed in their academy.
For most people, I'd say pepper spray is the best choice of a less-than lethal weapon because it's cheap, common, legal practically everywhere, and is effective enough to stop most attacks. It's also usable in non-lethal force situations and perfect if you are being attacked by a crowd (though you will spray yourself, probably).
Tasers are also a good option, but quite expensive. The Taser company makes the most reliable electronic incapacitation weapons for police and civilians. Tasers shoot probes attached to wires that shock the person to basically override their motor control for a few seconds.
The civilian models have the ability to go into a 30-second stun mode so you can run away. The downside to Tasers is that both probes have to make contact with the skin and sometimes clothes can prevent that from happening. Then the person is even more upset and still coming at you.
Stun guns (and drive-stun mode on Taser) work on the electrocution principal. Electric shocks hurt. Think of the last good static electricity zap you got. Or when you actually electrocuted yourself. That's how stun guns work, but with a lot more voltage. Stun guns have to be in contact with the person and they do not incapacitate, but like pepper spray, cause immense pain. People can still fight through the pain.
Less lethal options
Wait, "less lethal" options? I thought you already covered that? No, we discussed "less-than lethal" weapons (though even Tasers and pepper spray can cause an already agitated and unwell person to go into excited delirium and die). Here we're going to discuss baton rounds, rubber bullets, and bean bags (all under the term "baton rounds"). These weapons are less likely to kill you than a bullet, but can still be deadly.
Baton rounds are used by police to gain pain compliance. Getting hit with a rubber bullet, bean bag, or whatever you want to call it hurts. Pain usually gets people to stop doing bad stuff. Sometimes. Larger baton rounds, like those from grenade launchers, hurt a lot more and often break bones.
So before you start pumping out paintballs or those 12ga baton rounds you go from the specialty shotgun ammo guy at the gun show, hold your horses. First, can you legally use force against the person? Have you considered what happens if your less-lethal option kills the person? How often have you heard stories about rubber bullets or gas grenades hitting someone in the head and killing them?
Now, I'm no lawyer but should you be legally justified in using force, and the person dies because you used the correct amount of force and their death was caused by some underlying heath condition or freak accident, then theoretically speaking the death would be homicide by misadventure.
This happened to a deputy I worked with. A crazed man was jumping on cars in an intersection. The deputy arrived on scene as the crazy dude was using the bottom of the legs of a folding metal barricade to hack through an elderly woman's windshield. The deputy pumped bean bag rounds from his shotgun into her (this was pre-Taser). Turns out, crazy guy was high on meth and had a heart condition. He was so spun out, that when he got hit with the bean bags, it caused him to have a heart attack (I don't remember the specifics from the autopsy so forgive me).
Let's say that's you. You used a lethal weapon (a shotgun) and someone died. Sure, you were using a round that was less likely to kill someone, but it was still possible, and they died. Now you have a lot of explaining to do. Was it necessary to use a shotgun with a baton round? Was there another option for you to use? Was it legal for you to intervene? Was lethal force justified?
Make it easy on yourself. Save the baton rounds for a true end-of-the-world scenario where there is no rule of law. If you are in a situation where you need to bean-bag someone, you're probably in a situation where you can, and need to, shoot them.
Well what if I carry a club or something?
Purpose designed impact weapons are illegal in Nevada. You see, in the 19th century people used those kind of things to beach each other with, so along with carry concealed firearms, it was made illegal to carry or own those.
Nevada prohibits ownership of a: "blackjack, slungshot, billy, sand-club, sandbag or metal knuckles." The term "billy" is not defined in Nevada, but carrying around a police baton (including an Asp) or a stick to hit people with might not work out so well for you.
Should I buy full riot gear? I can get it online at Galls.
Asking that question is like asking "Should I buy a full turnout suit so I can rush into burning buildings?" Why would you go into a dangerous environment like a food riot, no matter what gear you have? Also, Smiths is not going to let you in to a store dressed up like Robocop.
Things go sideways at the grocery store? Use your cart as a shield to keep people away from you or to push your way through a crowd.
Park so you can drive forward. Back in to the stall or pull through. Park near a parking lot exit and walk to the entrance. You don't want to wait for an angry crowd to get out of your way if you are trying to leave in a hurry.
If you are openly carrying, use a retention holster. If you haven't had weapons retention training, watch some videos on YouTube. Keep your head on a swivel. For concealed carriers, make sure your holster holds your firearm snugly enough that being in a fight or knocked to the ground doesn't dislodge it. An angry crowd will probably snatch your weapon away from you if you are their target for anger.
Don't go shopping with your family or your kids, if possible. One armed adult, alone. Why would you be potentially exposing your kids to the virus by taking them to the store anyway?
Last week we reported Metro was prohibiting CCW training classes after 3/24/2020, citing the governor's shut down order. Today, Metro has sent notice to all instructors that classes can resume with social distancing in order.
Someone got the memo. Good for Metro, but we're still using this as Exhibit 1 in why permits need to be abolished altogether.
Online applications are available, but the Fingerprint Bureau is not expected to reopen until at least April 27.
We have just received notice from our Special Investigations Unit Lieutenant that the NV Attorney General’s Office has offered clarification about the essential business order.
As you know, our SIS Unit is responsible for enforcing Governor Sisolak’s order to only allow essential businesses to remain open. The NV Attorney General has advised that they can allow CCW instruction to continue, so long as instructors are abiding by the social distancing rules.
Our Records and Fingerprint Bureau will remain closed. So applicants can go to LVMPD.com to submit their information and schedule an appointment to complete the application process. Please make sure that your students are aware that the 120 day count does not start until their fingerprints are taken. When submitting their application please direct them to only use the NVSCA Firearms Safety Course Certificate, which is page 7 of the application packet.
Please reach out with any questions or concerns. Thank you.
Not a Joke: Over-Reaching Gov. Makes it Practically Illegal to Go Outside, Statewide Stay-at-Home-Order
Using the "state of emergency" as an excuse, Gov. Sisolak has issued a statewide "stay at home" order for Nevada. THIS IS NO APRIL FOOLS' DAY JOKE. It is now practically illegal to go outside or meet other people, except according to the permission of the government. Except there are a lot of exceptions.
This is a blatant, unconstitutional infringement of the right to peaceably assemble and a restriction of personal liberty. It is being done under the excuse of the pandemic. However, if you don't call attention to yourself, it probably won't be enforced. Practically, it cannot be enforced unless you make yourself an easy target.
It is illegal for individuals to gather together. The former "10 or less" rule is out the window now.
If you are homeless, you are exempt.
This stays in effect until April 30, unless Sisolak decrees it lasts longer.
Please someone, for the love of God, file a lawsuit. This is getting to be too much and has no basis in constitutional law. Our civil liberties don't stop because of an emergency. There has to be a limit to what the government can do. Life, liberty, and the pursuit of happiness doesn't mean sit around your house and watch Netflix, waiting for those Trump Bucks to arrive.
This can only really be enforced on the honor system and the disease will still spread in the places people are allowed to go, like grocery stores, because no one wears masks. If we all wore masks when we went out, the social distancing directives would be enough.
We must oppose this kind of tyranny because if it goes unchecked because of a pandemic, then they can impose it for all other kinds of things.
Remember never talk to the police! If they ask where you are going, advise them you are engaging in an excepted activity and leave it at that. The burden of proof is on them.
Remember to go shooting! They can't keep you from doing that.
2019: Mentally Ill Man First Victim of Anti-Gun AB 291
2018: Egg Hunt Horror: Ammo, NRA Stickers Found
2017: Gun-Themed Books to Be Banned in Public Libraries?
2016: Nevada's Only Topless Open Carry Bar
And 2020 took a lot of bait and tackle.
On behalf of Nevada, I'd like to give thanks to Don Turner, president of the Nevada Firearms Coalition. Without his help, we wouldn't have had the victories we have today.
As you are aware, recently the sheriffs of Nevada unanimously agreed to offer an extension for expiring CCWs as many people cannot renew due to the COVID crisis. Don wrote them a letter asking for just such a thing; and we got it. Thank you to both Don and the sheriffs.
Ladies and gentlemen, you truly do not know the amount of good Don has done for Nevada. Truly, without him and the Firearms Coalition, we'd be in trouble.
If you appreciate what the Firearms Coalition has done for you, consider joining and donating. Click the button below to go to the post with links to join the Coalition or donate to the PAC.
Hat tip to NV Shooting Sports & Firearms Training Network
All Nevada sheriffs have followed in the footsteps of Clark County/LVMPD and issued a blanket extension for expiring concealed firearm permits (CCWs).
This is an agreement by all sheriffs, not an official state guideline. However, NVSCA is the authority that is given some statutory authority to set standards for training, instructors, and reciprocity. So it does have some authority. Also, a statement like this would put the state in a bad position if they tried to prosecute. We discussed this earlier.
This applies only to permits that expire on or after March 12, 2020. The extension only applies to July 15, 2020.
Text of the Letter
March 30, 2020
Extension of Expired Nevada Concealed Firearms Permits
With the Declaration of Emergency to facilitate the State’s response to the COVID-19 pandemic issued by Nevada Governor Steve Sisolak on March 12, 2020 and the subsequent Emergency Directives issued as well, many Nevada Sheriff’s Offices have reduced their daily operations to only essential functions. In an effort to avoid unnecessary person to person contact and to help stop the spread of COVID-19, administrative functions such as fingerprinting have been suspended which are a necessary part of the investigation for a permit or permit renewal under Nevada Revised Statutes (NRS) 202.366 and 202.3677.
The sheriffs of Nevada recognize that there are concealed firearm permit holders whose valid permits will expire pursuant to NRS 202.366.4 during this time of declared emergency and who have no way of renewing their valid permit until the issuing Sheriff’s Office can again conduct the investigation. There has been no emergency legislation or directive to remedy this circumstance. As such, the sheriffs of Nevada agree that an extension for those affected concealed firearm permits is warranted and is as follows:
The 17 elected sheriffs of Nevada have been queried this date and agree to this extension for the benefit of the citizens they serve. They are requesting that any law enforcement personnel in Nevada and in States who recognize Nevada permits honor this extension as outlined above.
Eric Spratley Executive Director Nevada Sheriffs’ and Chiefs’ Association
It's pretty much common knowledge at this point that there are no guns on the shelves in Nevada gun stores. Well, that's hyperbole, but the sentiment is true. Guns are hard to come by in stores and online. Wholesalers and online retailers who have stock are having trouble shipping because of demand.
March brought a TON of people into the firearms community as they panicked over the social unrest COVID-19 may bring. As we saw, stores were stripped of guns and ammo. Carson City was so beleaguered by background checked that the system crashed. Additional staff were brought in to help clear the backlog that is still being cleared out.
During this time of panic, lots of uninformed people who never considered buying a gun tried to buy one. From California to New Jersey, Americans found out that they were lied to about online gun sales. With a few minor exceptions, you cannot just order a gun online and have it shipped to your door.
The "Online Loophole"
The whole "online loophole" garbage was nothing but propaganda and lies. What it refers to is that people can advertise a gun for sale online, like a newspaper classified. Heck, in some papers you can still advertise guns for sale in the classifieds. Online classified sites like Craigslist used to allow this. Online gun ads are most common on local gun forums or online sites like Gunbroker or Armslist.
These ads were just that. They facilitated the buyer meeting the seller face-to-face to sell the gun. In most states (even now), no paperwork was required. Money and guns changed hands. This freaked out the anti-gunners because there was no ATF Form 4473 that could be later tracked down, should the gun be used in a crime.
And a fraction of guns used in crime come from private sales. While the point is now moot in Nevada, most crime guns are obtained legally through dealers, stolen, or given to someone ineligible to possesses one (like a felon) in a transaction that isn't caught by the police. No law has ever stopped the street drug dealer (or gun dealer) from selling guns on the black market to criminals.
Why Can't I Buy a Gun Online and Have it Shipped to Me?
Short answer, background checks. Longer answer: direct sales via mail order was stopped in 1968 by the Gun Control Act which created the whole Federal Firearm Licensee (FFL, or gun dealer) system, meaning that today not just anyone can sell you a gun. This was the end result of a compromise to try and create total, national gun registration.
Using a long an laborious process, guns can be traced to the dealer that initially sold them, which is basically a long-hand and inaccurate gun registration system. Dealer licensing and gun tracing has it's origins in the 1930s to see where bootleggers and criminals got their guns (at that time, machine guns in particular).
After the Brady Bill went into effect in 1994, it eventually became necessary for dealers to run background checks through NICS or the state center. While an online background check system would be possible, it would not be possible to know who the gun is ultimately going to when it ships. Of course, someone could just buy the gun for a prohibited person at gun store and give the gun to a bad buy (it's called a straw purchase and it happens all the time). Background checks are mainly a way for the government and the ignorant public to feel good and also to make things slightly more complicated for criminals.
Ways to Actually Buy a Gun Online
There are two ways to buy a gun online and have it shipped directly to you (depending on state, this is specifically for Nevada). Yes, these weapons are EXEMPT from Nevada's "universal background check" law per NRS 202.2541.
1. A pre-1899 manufactured firearm (or a replica);
Firearms manufactured before 1899 (made in 1898 or earlier), are considered "antiques" by the federal government and Nevada. See 18 USC § 921(a)(16). This includes their replicas, which are modern built reproductions of the same weapons. So if you want to buy a Colt Walker revolver reproduction made by an Italian company, go ahead. Cabelas will ship it right to you. You can also obtain more modern cartridge revolvers and even centerfire smokeless rifles, if you happen to like the 1890s stuff.
As far as replicas go, it is possible to purchase a replica cap-and-ball black powder handgun and have it shipped directly to you. Then you can buy a cylinder replacement that allows you to use cartridges instead of load the cap, power, wad, and balls separately. This is also perfectly legal, but the cylinder replacements are expensive and one has to be careful to use low-power ammunition that replicates the black powder load. Modern cartridges might fit, but smokeless powder creates pressures the pistol was not capable of handling.
These weapons are not ideal for self-defense, but if they are in good condition and fire a smokeless cartridge that is commonly available, antique weapons could be viable. But again, if you are new to guns, stay away from them as a defensive weapon.
2. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.
Many common sporting goods retailers sell these types of guns alongside their replica black powder weapons. These are generally specialty weapons intended for people who are into that kind of thing. This includes people looking for a challenge, people who cannot own modern guns, or hunters who want a shot at the early black powder season Most of these weapons are single shot, except for some double-barrel shotguns. Generally, you do not want to use a black powder weapon in self-defense.
Yes, the above weapons are EXEMPT from Nevada's "universal background check" law per NRS 202.2541.
Less Common Exceptions
In some states, you can qualify for purchase from the Civilian Marksmanship Program and have an M1 Garand shipped right to your door. They do perform a background check and send rifles via registered mail, so it's not exactly like Amazon Prime. But the stock is getting pretty thin at the CMP and people panicking and buying guns won't meet the club and shooting requirements.
Another less common exemptions are is a Curio and Relic license (C&R). These are guns that are:
To obtain a C&R license, you still have to apply for one and find eligible guns, which are not cheap and not what you would use for self-defense. These can ship directly to licensees, who then log them for ATF purposes.
"But this is so wrong!"
Yeah, gun control isn't fair. It limits the availability and access to firearms by law-abiding people who need them in order to control a very small fraction of the population. Advocates for gun control have lied to you. They manipulated your emotions, used deceptive powers of perpetuation, and deliberately misconstrued facts and arguments to get you to support bad laws and bad politicians. The problems with the gun market today is because of gun control.
To get out of this mess, if you are just waking up, you need to stop voting for gun control. Gun control isn't for criminals; it's for you. Stop voting for Democrats; seriously. Their party supports gun control and will crush any Democratic candidate who won't. Don't vote for any gun control bill no matter what is promised. Join pro-gun activist groups and donate to organizations like the Nevada Firearms Coalition (and their PAC), the Second Amendment Foundation, the Gun Owners of America (GOA), the Firearm Policy Center, and, if you have to, the NRA (but give any donations to the NRA-ILA, which actually gets involved in legislative affairs).
Due to the coronavirus crisis, LVMPD closed it's Records and Fingerprint Bureau making it impossible for people to renew their concealed firearm permits, at least until it reopens. Because of this, Sheriff Lombardo has granted an automatic an extension until July 15, 2020, for all permits that expired on or after March 17, 2020.
The extension length is 120 days, but not this does not mean that all expiring permits get an automatic 120 day extension. Rather, permits that expire in that time period are valid until July 15, 2020. While not a perfect solution, it's a nice and unexpected surprise.
NRS 202.366 states "Unless suspended or revoked by the sheriff who issued the [concealed firearm] permit, a permit expires 5 years after the date on which it is issued."
Taken at face value, the law says a sheriff can't extend a concealed firearm permit. Yet NRS 202.3687 allows a sheriff to issue temporary permits.
NRS 202.3687 Temporary permits.
The sheriff has the authority to issue temporary permits. In Clark County, I've heard of this happening once when the guy's permit couldn't be approved in 120 days (the regular one came later).
So while the NRS doesn't give the sheriff authority to extend a permit, he can grant temporary permits. By being creative, the extension of expiring permits can be construed as a temporary permit. The NRS doesn't specify exactly how the temporary permit is supposed to be handled, so sheriffs are likely well within their rights to handle expirations this way.
And if the sheriff is technically violating the law by doing this, who, outside of Michael Bloomberg and his crazy moms care? Bearing arms shouldn't be subject to a permit if you want to put clothes over your gun.
So let's say some crazy attorney sues arguing that the sheriff doesn't have this authority. Or you get arrested and a renegade district attorney files charges against you for carrying a concealed weapon with an expired permit.
There is a legal doctrine known as estoppel. If you rely on the sheriff's word that your permit is valid until July 15, as he is in a position of authority, he cannot then arrest you and the government (which he represents) cannot punish you. While the government can do what it wants, judges and juries have the ultimate say. Relying on a rather absolute statement like this puts the government in an indefensible position if they choose to prosecute you for doing what the sheriff said was okay.
It's a lot more complex than that, but let's go easy on the legal details. Basically, government would look really stupid and bad to go back on the sheriff's word.
Next, should you get busted in some other county or state and they find an expired permit, several things are going to happen. I can't be sure right now, but the first thing the cop is going to do is have his dispatcher run your permit. I'd bet dollars to donuts that Metro has put something in "the system" about extensions. Second, if the cop has any sense he'll call Metro to verify your story about an extension (at least the DA will). Agencies call each other's records bureaus all day and night long.
You'll probably never do anything to run across this kind of situation in the first place. So while the law gets bent in a lot of ways, this one is favorable to concealed carriers in Southern Nevada and we should be grateful to Sheriff Lombardo (I know, I know). It's not that he actually hates us, it's just that he's the product of old-school law enforcement that is suspicious of armed citizens.
What needs to happen now is:
Clayton E. Cramer
Gun Free Zone
The War on Guns
Western Rifle Shooters