U.S.A. –-(Ammoland.com)- Another Armed Samaritan came to the assistance of police during a gunfight. This example is somewhat unusual. It occurred in California, which routinely infringes on Second Amendment rights.
In Fresno, California, at about 5:30 p.m. on 24 March, 2020, near the area of Belmont and Valeria, officers noticed a 2006 Nissan which was speeding. They attempted to pull over the car. Instead of pulling over, the car accelerated. Only a few blocks south, near Valeria and Grant, the car crashed. Inside the car was a driver and one passenger. The driver exited. He was armed. From kmph.com:
After the crash, the driver hopped out of the car with a pump shotgun.
He then reportedly aimed it at the officers and began firing at them.
After firing a couple of rounds, he then turned around and started to run away from officers.
During this time, a good Samaritan was walking down the street and spotted the guy running toward him with a shotgun.
That good Samaritan turned out to be a CCW holder and pulled out his gun to defend himself.
He fired one time at the suspect, making him fall to the ground.
Fresno County has the most concealed carry permits of any county in California. The Fresno County Sheriff has about 15,000 permits which are active in the county, as of July of 2019. The Fresno Police Department had about 2,400 active in July. There are probably over 17,500 total permit holders in the county in 2020.
Fresno County Sheriff Margaret Mims says, in her opinion, personal protection is sufficient “good cause” to apply for and receive a concealed carry permit. Fresno Police Chief Jerry Dyer also says that personal protection is sufficient “good cause”.
Link to youtube of Sheriff Mims explaining her position on concealed carry.
Sheriff Mims also says the Second Amendment guarantees a right to carry arms, for law-abiding citizens. She believes the Peruta decision will be appealed, and that, eventually, the Supreme Court will be called upon to settle the issue.
The concealed carrier wasn’t the only person to aid the police. Another resident tackled the suspect after he dropped the shotgun and continued to attempt his getaway.
The driver was arrested. Police continue to search for the passenger.
The Supreme Court has failed to grant a writ of Certiorari on cases involving permits to carry outside the home, for about a decade. The Supreme Court refused to grant a writ of Certiorari (refused to hear the case) for Peruta.
With two Supreme Court justices appointed by President Trump, a Second Amendment case has been argued before the Supreme Court in October of 2019. The Court still has the option of finding the case was moot, but it seems unlikely.
We should have a decision on that case, New York Rifle & Pistol Association v. NYC, by the end of June or in the first two weeks of July, 2020.
The case may be decided in numerous ways. Second Amendment supporters hope for a strong decision declaring the Second Amendment is a fundamental right which must be subject to strict scrutiny.
The appeals courts have, for the most part, adopted a two-part method of judging law under the Second Amendment, calling the level of scrutiny “intermediate scrutiny”, which, in practice, as applied to the Second Amendment, means almost no restrictions on the carry of arms are prohibited.
Examples such as this case, which shows the natural reinforcement of armed citizens and police, are likely to be used as arguments to restore Second Amendment rights.
Yes, the Second Amendment should not be judged by mere pragmatic rationals. A fundamental Constitutionally protected right should be above that.
But justices read the papers as well. They are only people, and fallible. Such is the time we live in.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.