Tips

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Tip #83


New ReciprocalState, More Ugly Local Events & Personal Protection Act?

Good evening Folks. Well, finally some great news on the reciprocity front – New Mexico was added November 30, 2005. New Mexico is a “handgun only” state so is reflected as a (1) on the state website. I am going to include an extract of the latest version with this tip. I am also going to review a bunch of nasty crap that has happened since Tip #82 and review three violent events that have been addressed in some uneducated media outlets as ‘Protection of Persons and Property Act’ areas of concern. Please remember to take a good look at Jon Gutmacher’s analysis of the new act, located on his website, www.FloridaFirearmsLaw.com. Personally, I strongly recommend that you purchase Jon’s Sixth Edition of 'Florida Firearms - Law, Use & Ownership'. I have read same twice already and am most impressed with his effort; simply the best yet and a real bargain at $26.95. As you are well aware, the holiday season is NOW! If you are out of time and patience with shopping and need a last minute gift, why not purchase a personalized gift certificate? Major Norm Belson, Inc. certificates may be used for CWP classes, Self Defense classes, Tactical classes, Junior Shooting classes, class package deals, Coronado Leather products to include special orders, Guardsman alarm systems, Mylar glass protection and home and business security surveys. If you are a procrastinator, be comforted by the fact that any gift certificate request that either Jane or I personally receive by 12PM, December 24, 2005, will be ready for pickup at Knight’s by 3PM December 24, 2005. I still have a good selection of Coronado Leather concealed carry products in stock at Knight Shooting Sports and will continue to offer an extra 20% discount off the sale price (red tag) on those items through December 24, 2005. All you have to do is present a copy of Tip #83 to receive your extra 20% off the marked sales price. Of course, please don't forget that Knight Shooting Sports also offers gift certificates for all kinds of products to include range time, security devices, ammunition, accessories and so on. Jane and I would like to wish you and your families a very happy and peaceful Holiday Season and a safe and prosperous New Year! See you at Knight Shooting Sports! From our household to yours, Merry Christmas!  Norm & Jane
       PS -- Remember, if I may assist with either training or security concerns, please give me a call or drop me a note! If you have previously completed the Advanced Tactical class (draw from the holster), please see the cashier at Knight Shooting Sports. They have a new waiver for you to sign as well as a new range ID card so that you may resume drawing from the holster without supervision. Please give me a call at 727-535-9151 if any questions.

Concealed Carry Reciprocity

PLEASE NOTE: The reciprocity information on this page is ALWAYS CURRENT. The Division of Licensing constantly monitors changing gun laws in other states and attempts to negotiate agreements as the laws in those states allow. This list was last updated on November 30, 2005, when New Mexico became the 29th state to enter into an agreement with Florida.

With the addition of Section 790.015, Florida Statutes, in 1999, Florida's weapons and firearms law was amended to allow the Division of Licensing to enter into agreements with other states on the issue of carrying concealed weapons. To date the Division has established such agreements with the states listed below. In accordance with the terms of these pacts, each of these states has extended the privilege of concealed carry to holders of Florida Concealed Weapon/Firearm Licenses. The State of Florida has, in turn, extended that same privilege to the licensees of these states.

It is important for license holders to understand that when they are traveling in or through another state they are subject to the firearm laws of that state. We have provided links to the state laws or to the licensing authorities' Web page of each of our reciprocity states so that licensees can do the necessary planning and research when preparing to travel.

Please review http://licgweb.doacs.state.fl.us/news/concealed_carry.html for the complete text of Concealed Carry Reciprocity. I also strongly recommend that you frequently review www.packing.org for information concerning firearm matters throughout the United States. Don’t forget -- ignorance of the law is not an acceptable excuse!

 More Ugly Events

For crying out loud, you would almost expect a little less ugliness during the Holidays wouldn’t you? Well, don’t hold your breath! The news since November actually seems to be worse than usual. I am not one to look at life through rose-colored glasses but enough is enough dadgum it! Please don’t forget the old police saying about the holidays – ‘Tis the season to be thieving!’ I don’t think that we want to add armed robbery, murder, burglary, carjacking, home invasion, and assorted criminal acts to our shopping list do we? It’s not a bad idea to be a little extra careful at this time of year. Don’t allow the spirit of the season to result in reduced concern for your safety and the safety of your family as well as protection of your property. It’s also not a bad idea to be especially vigilant in mall parking lots and buddy up whenever possible. Don’t forget to keep your home, business and car doors and windows locked, activate alarm systems, do not leave shopping bags and personal property in plain view in your automobiles, always avoid ATM’s during the hours of darkness and remain aware and alert at all times!

“Tuesday burglar rifles 24 apartments since May" St. Petersburg Times November 18, 2005

I always admire folks with good work habits. Of course, I don’t admire this scumbag. He has committed 24 burglaries since mid-May in North Pinellas. He targets unoccupied medium to high-end apartment complexes, commits the burglaries between 11AM and 2PM, places putty or chewing gum over neighboring apartment peepholes and has stolen about $100,000 in property. It is definitely recommended that you activate your security alarm if you have one or get one if you don’t. It is also advisable to ID your property with a driver’s license number, maintain a current inventory of your property, invest in good locks and doors and then keep them locked and be aware of people who do not belong in your neighborhood. The burglar, who may have a female accomplice, is described as either a Hispanic or black male, between 5’10” and 6’ tall, weight about 200 pounds, has a goatee and wears glasses.
 

“Tampa robber attempts 4 holdups in 20 minutes” St. Petersburg Times November 18, 2005

Now here is an ambitious and energetic scumbag my friends! Between 5:30AM and 5:50AM in Tampa, a Hispanic male in his late 20’s, facial hair, a shaved head and a small caliber handgun, tried a robbery every five minutes. Three of the attempts involved newspaper delivery folks and the last one was a pedestrian. Now this mutt proved to be more enthusiastic than effective and ended up with just one wallet taken from the pedestrian. Maybe he needs a lesson in the benefits of quality rather than quantity! At least no one was hurt!

“Teen killed as brawl rages near school” St. Petersburg Times November 18, 2005 and

“As school mourns, suspect arrested” St. Petersburg Times November 19, 2005

You have heard me speak of unintended consequences and ramifications. Well, these unexpected ramifications began November 17, 2005, at King High School in Tampa with a series of arguments, fights and then a shooting during a one-week span. Not a bad idea folks, if your kids see a fight starting, leave the area post haste. This particular week culminated in a series of fights during the school day that continued after school at a McDonald’s, described as a popular after school hangout, across the street from King High School. It seems typical that those involved in the fights were students as well as non-students. Well, one scumbag pulls his gun and shoots four young men, ages 15, 16, 17 & 19. The 17-year-old died and the others were wounded. The 16 and 19-year-olds were not students. What the Hell happened to good, old-fashioned simple fistfights? The 18-year-old shooter was arrested November 18, 2005, and charged with murder and three counts of aggravated battery with a firearm. The scumbag murderer is not a stranger to gun crime – go figure! His shot his first victim, a 16 month old half-brother, in the chest with a .32 caliber revolver at age 3 (found the gun in a couch at his home!), He also was arrested four more times for gun crimes as well as aggravated battery at age 9 and racked up other criminal charges such as vehicle theft, possession of cocaine and burglary. Holy crap, what will he be like as an adult?

 

“Shooting, explosives lead to arrest” St. Petersburg Times November 21, 2005

This happened in St. Petersburg and reinforces the simple fact that if you allow yourself to be goaded into a physical confrontation, you may be in mortal jeopardy simply because the other guy may be a homicidal nut case with a gun or bat or machete or bazooka. Apparently the 35 year-old scumbag shooter was known to his neighbors as ‘eccentric’, if you will, who did not work, did not socialize, lived with his mother, was involved in a week long neighborhood dispute and wandered around at night. On November 20, 2005, he walked toward a small cookout half a block from his home, saw a 42-year-old neighbor and yelled “Do you want a piece of me?” The neighbor was way too eager to accept the challenge so he jumps over a short fence to confront his antagonist. Unfortunately, if the neighbor was contemplating a verbal argument and possible fistfight, he was sadly mistaken. The 35-year-old was armed with a possible homemade shotgun and blasted his neighbor without warning as the distance between them decreased. Fortunately it was only birdshot since the hit was in the flesh over his heart. Ooops! It would have definitely been easier for the neighbor to avoid this mess rather than to try and survive a shotgun blast to the chest! By the way, when the police arrested the 38-year-old and searched his home after obtaining a warrant, he was found to be in possession of four explosive devices and two booby traps!  The victim did survive and hopefully will be a lot smarter next time! 

Local Headlines and a Brief Synopsis

Sorry folks but dadgum it, there have been just too many nasty events to list them all. I am going to list some for you with brief explanations. All of the stories appeared in the St. Petersburg Times. Unfortunately each seems to have a teaching point and deserves mention.

1.       “Woman dragged in tussle for purse” November 8, 2005, “Story of snatched purse rings familiar” November 9, 2005 and “Woman with stolen credit card arrested” December 8, 2005. Unfortunately this is a very familiar scenario. It started with a 78-year-old in a supermarket parking lot in Tarpon Springs. As the groceries were being put in her trunk, a young man runs up, grabs her purse, jumps in his (stolen?) car and begins to leave. She fights for her purse, is dragged 10 to 15 feet and suffers a broken pelvis and serious bruises – for $14.00, a few credit cards and an address book! The next day a 69-year-old woman says the same thing happened to her on November 7, 2005, in a supermarket parking lot in New Port Richey. However, she understood that her purse was ONLY PROPERTY and did not fight. She did get in the last word though. “You stupid son of bitch! I’m standing here reading your license plate!” Cool – I really like feisty, smart ladies. On December 6, 2005, a 42-year-old woman was arrested with the 78-year-olds credit card. She was with a man who was arrested previously for using stolen credit cards. Ladies, this is the time of year that this type of theft becomes more prevalent. Watch your property closely. If there is a theft, let the purse as well as other property go! It is not worth a serious injury to protect property. I do recommend that you create a list of all credit cards with contact numbers and immediately begin the process of reporting as stolen to the issuers. This will reduce your liability, frustrate the thief and maybe result in the scumbag’s well deserved arrest! By the way, don’t forget to also contact the three credit bureaus (Experian, Certegy and Transunion) to report the theft – will help prevent Identity Theft!

2.       “Police examine stabbing, shooting” November 15, 2005. Clearwater Police were busy on November 12 & 13. There was a stabbing of a 38-year-old woman as the result of an argument. Amazing how verbal crap seems to escalate. The next day there was a shooting in a low rent motel with an extensive history of criminal acts. The 37-year-old victim was shot multiple times but is expected to recover. In addition, a 53-year-old man was beaten to death with a blunt instrument as he was leaving for work for work November 2, 2005, and a 58-year-old man was found stabbed to death in his mobile home November 3, 2005

3.       Tampa man 30, slain in night home invasion” November 25, 2005. Three or four men knocked on the door of the mother’s Tampa home shortly before midnight. The men forced their way into the home after the mother opened the door and demanded her property. Her 30-year-old son went to her aid and was subsequently shot to death for his efforts. Why would you open the door to late night, unexpected visitors? Remember the rules – it is easier to keep them out than to throw them out!

 

4.       “Woman dies after deputies shock her with stun gun” November 28, 2005. Here is another example of unintended consequences. A 35-year-old Sarasota woman walks into a store, told the employees that she had been in a fight and asks them to call 911. The woman then starts trashing the store. The deputies arrive, subdue her and handcuff her. She continues fighting and attempts to kick the deputies. One of the deputies applies a Taser contact shot to her left shoulder. About 15 minutes after the paramedics left, she became non-responsive and died. The application of the Taser definitely is an appropriate use of ‘less lethal’ force due to her active resistance and the need to gain compliance. Please never forget that chemical irritants such as pepper spray and electric shock devices such as stun guns and Tasers must always be used defensively and appropriately. The results even if used reasonably, prudently and necessarily may still have major implications!

5.       “Intruder forces East Lake woman to get cash” December 2, 2005. Well, here we go again! East Lake is a gated community thereby misleading the residents into a false sense of security. A woman drops off her child at school and returns home. She walks into the house and is confronted by a tall sandy-haired stranger who is wearing sunglasses and rubber gloves. He tells her that he has a gun in the plastic bag that is over his hand.  He forces her to lie down on the floor, takes her cell phone and steals jewelry. He then forces her to drive to a bank and cash a check while he repeatedly tells her that she will not be harmed if she complies. After the forced withdrawal the scumbag forces the victim to drop him off in another EAST LAKE WOODLANDS subdivision! Oh, by the way, he gains entry through an open garage door! This seems very familiar folks. Lock your (expletive deleted!) doors, windows, garages and sliders for crying out loud. This is the third burglary through unsecured entrances in the last three months. Check out Tips # 81 and #82. At least this woman was apparently not injured except for her peace of mind!

Well, how about a change of pace? Did you read the November 30, 2005, St. Petersburg Times story about the “alleged” car burglar in Bradenton? An armed security guard stated that he saw a man breaking into a car about 2AM and confronted him. The burglar fled with the security guard in hot pursuit. The “alleged scumbag” stopped and pointed a gun at the guard. The guard fired twice and adios “alleged” bad guy! Deputies later found the “alleged burglar” dead in a unit under construction. The gun he “allegedly” pointed at the guard was “actually” a pellet gun my friends! Scumbags should not bring pellet guns to gunfights! In my opinion folks, this is a reasonable, prudent and necessary end to a criminal career. The next two articles really bother me because the deaths were absolutely preventable with education and locks.  “19-year-old accidentally shoots, kills self” St. Petersburg Times December 9, 2005 and “Gun goes off; boy, 4 dies” St. Petersburg Times December 19, 2005.  The death of the 19-year-old is typical for so many stupid discharges. The deceased and two friends arrive at a friend’s home shortly after midnight and begin (or continue) drinking. Approximately 3:30AM, as they were basically playing with a Glock 19 autoloader, the 19-year-old assumes the gun was unloaded because the magazine well was clear. It wasn’t – he shot himself and died. Education folks and for Pete’s Sake, don’t handle dangerous devices such as guns and automobiles when you have been drinking. The next one flat pisses me off as it always does. Two boys, one four and the other five, were playing in a bedroom in the younger boy’s home. The headline reads that the “Gun goes off”. What a crock. The gun didn’t go off – one of the boys, probably the victim,  pulled the trigger and he was shot in the head and killed. This is a definitive violation of FSS 790.174 and the Maroon who owns the gun should be sent to prison for life dadgum it as well as the mother who failed to assure her son’s safety. The parents of the other boy said that it “was a tragic accident” and that is an even bigger crock – it was the result of gross negligence by some pea-brained adult scumbag. Hopefully that idiot will have a new home for about 20 years!  

Protection of Persons and Property Act?

Please carefully read each of the three news stories and then analyze whether the incident was apparently a lawful use of deadly force and in compliance with the provisions of the new act. Once you say yea or nay, come up with valid reasons in support of your decision. My opinion will be found at the end of the three articles. Let’s see how close we are! 

“Shooting of three ends in surrender”  St. Petersburg Times November 19, 2005

A 44-year-old man has been embroiled in an ongoing neighborhood dispute. He repeatedly complained to Clearwater PD that his neighbors “were out to get him.” Clearwater PD had responded to his home in regard to these complaints eight times in 2005 in regard to battery and burglary. At 1:51AM, November 18, 2005, he observed (police talk – we don’t see, we observe!) four people on his front porch. The four people were carrying tiki torches. The front door was locked and the four persons remained outside and did not apparently attempt entry. The 44-year-old homeowner then fired six shots from an unknown firearm (probably a revolver) through the door wounding three of the four persons at the front door. The fourth person then fled (good decision). The homeowner then called Clearwater PD to report the shooting and barricaded himself in his home until 9:30AM when he was taken into custody. He was uncooperative during the arrest and had to be tased and shot with a rubber bullet. He claimed that they were trying to break in. The three wounded persons initially advised that they were walking in the street but later admitted that they lied and were, in fact, on his front porch. The fourth person finally admitted that he was also on the porch. Self-defense, aggravated battery with a deadly weapon or attempted murder?

 “A fight. A stabbing. One dead. In face of new law, is it a crime?”  St. Petersburg Times December 9, 2005

This occurred in Tampa. A 21-year-old man initiates a fistfight with a 38-year-old man over “some property of his that got damaged. ” As a gentle reminder, the younger man then kicked the older man in the head with a steel-toed boot. After doing so, the aggressor walked across the street to an attorney’s office. An office worker asked the 21-year-old to leave the office but he refused. A 36-year-old paralegal then confronted the aggressor and the two began shoving each other, which escalated into a fight. The initial aggressor fled the scene with the paralegal in pursuit. The paralegal caught him and then stabbed the 21-year-old  to death with a pocketknife. Self- defense, aggravated battery with a deadly weapon or murder?

“Quarreling co-owners take shoptalk to jail” St. Petersburg Times December 14, 2005

This is a Largo incident – that pretty well covers the bay area. How did we miss St. Pete? Two men had an ongoing disagreement over a four-month business partnership. They decided to meet at 7PM at the shop and resolve their problems. Apparently the 31-year-old partner was not much of a communicator and decided to enlist his 27-year-old friend to help resolve the business dispute. The preferred communication means were baseball bats. These two guys showed up in a pickup truck and exited with the bats in their hands. The other partner, a 30-year-old ex-felon apparently with no sense of humor, saw the two approaching with baseball bats so he went to his car and pulled out a handgun. The aggressor finally developed some common sense, told his presumably ex-partner “You win” and fled to the truck. The man with the gun followed them to the truck. The two “batters” became a little excited and in their effort to flee ran into the “gunner’s” car and over a fence. No shots were fired. Self-defense or aggravated assault with a deadly weapon?

My Analysis:

1.       Reference the shooting of three – no contest in my opinion. The shooter’s actions do not seem to be prudent, reasonable and necessary. I would arrest him without a doubt. Subjectively he may have imagined that they were going to burn down his house but that should prove to be a real objective reach for those viewing his actions. I consider his best course of action would have been to retreat to his safe room, contact Clearwater PD and only use his firearm if the neighbors had breached the perimeter. Don’t feel too bad if you disagree – according to the St. Pete Times on December 8, 2005, the prosecutors are unsure of the charges, if any, against any of the persons involved. Smells like a legal interpretation! By the way, the shooter is a retired USF police sergeant. Thankfully he is not one of my students!

2.       Reference a fight – once again in my opinion, the paralegal’s actions after the 21-year-old fled the law office do not appear to be prudent, reasonable and necessary. Once the 21-year-old went from being an aggressor to the pursued, the paralegal appears to have clearly lost his victim status and became the aggressor. His actions in chasing the 21-year-old and then stabbing him to death should earn him a lengthy stay in the ‘Graybar Hotel’.  Actually I can’t believe that the author of this article would even mention the act. Perhaps he would have been better educated if the St. Petersburg Times had actually responded to my multiple invitations to have a representative attend Jon Gutmacher’s excellent October 1, 2005, seminar! Smells like an editorial to me! Once again, not one of my students!

3.       Reference quarreling owners – this is real neat. In my opinion, the two morons with the bats deserved to have a gun pointed at them and, if they had continued their attack, deserved to be exposed to a level of force reasonable and necessary to terminate their criminal behavior. There is little doubt that the man with the gun could articulate a well-founded fear that getting hit with a bat would result in either death or great bodily injury. This appears to be both subjectively and objectively reasonable. It sure as Hell is to me my friends based on the fact that the worst head injury I ever saw was the result of a bat vigorously applied to the head. However, I always love a good twist to a self-defense scenario! If the man with the gun is actually a convicted felon, he may receive more time in prison than the scumbags with the bats! Gratefully  – no students in this group either!

 

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