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23 June 2016

russell de caro and first responders

The following was first published with our permission by 'The Truth About Guns', one of the most popular online sources for firearm issues.

 

Two Former CNN Newspersons: Defensive Gun Use of the Day

By George L. Lyon, Jr. of Arsenal Attorneys

We in the defensive firearms training community are forever urging our students to make a plan and practice the plan. But who practices drawing from a purse while soaking wet and naked?

It will soon be a year since Lynne Russell and her husband Chuck de Caro were just looking for a dog friendly place to stay for the night (Russell is pictured at left comforting the bed ridden de Caro and their their emergency responders).

The two former CNN newspersons were traveling from the Washington, DC area to Los Angeles with their 13-year-old dog, Oliver and decided to follow the legendary Route 66. They had stopped to have dinner in Albuquerque, New Mexico with friends.

Lynne is most well known as the first female network nightly news anchor, having spent 18 years anchoring CNN’s headline news from 1983 to 2001. Few people know she is a licensed private investigator and once served as a sheriff’s deputy in Georgia.

Chuck served with the 20th Special Forces Group (Airborne) prior to a career as a special assignments correspondent for CNN. He currently is a national security consultant and veteran of the Special Forces. They both hold carry permits from their home state. Their route allowed them to carry their personal protection handguns almost their entire trip up to the California state line.

I recently had the pleasure of providing them the 18-hour District of Columbia Concealed Pistol License course, during which we discussed in detail the events occurring that night in Albuquerque.

After their dinner with friends, Lynne and Chuck had limited options for lodging in Albuquerque. Needing some place that would accept their pet, they thought Motel 6 had left the light on for them.

What they didn’t know is that this Motel 6 they chose had been the scene of hundreds of police responses over the preceding several years. It was a frequent location for prostitution, drug deals, and other crimes.

The City of Albuquerque had previously threatened to take action against the motel, prompting the establishment to install 32 surveillance cameras and to employ a security guard. On the night in question, however, the security guard was on an extended personal phone call, and no one at Motel 6 was monitoring the security cameras.

Thinking they were in for the night, Chuck and Lynne took off their carry guns and placed them on a table beside one of the beds. Chuck then headed to the bathroom to take a shower. Lynne needed to feed the dog, but had left the dog food in the car.

She went out to the car to get the dog food. There she met Tomorio Walton, who apparently was in violation of his parole from a 2010 Tennessee aggravated robbery conviction. Walton had been convicted for robbing a woman at gun point as she was walking to her apartment.

Walton asked Lynne for a cigarette as she walked to her car. “I don’t smoke,” she replied. The suspicious Walton made her Spidey sense tingle, but when she looked back at him, he had disappeared. Motel 6 video cameras show that Walton had secreted himself around a corner and as Lynne returned to her motel room, Walton grabbed her and pushed her into the room with enough force that she ended up sprawled on one of the beds.

At that instant Chuck came out of the shower naked and wet looking for a towel. He saw Walton sending his wife flying through the air backwards. As she crashed on the bed, Chuck yelled, “What the hell is going on here!” He thought she was going to be raped.

Walton quickly leveled a gun at Chuck and said “I need your money” and concocted some story that his girlfriend had been kidnapped. The couple were carrying very little cash, however. Seven long minutes of negotiation then proceeded about whether they had anything of value to give the robber. All the while, Walton was waiving a semi-automatic handgun at Lynne and Chuck. Lynne explained to me she was convinced Walton was going to kill them after he got what he wanted.

Walton did not see their guns lying on the table between the beds, so dripping wet Chuck moved in front of them to block Walton’s vision. Lynne managed to grab her purse and slip one of the guns into it. She handed it to Chuck saying, “Honey, I think there’s something in here you can give him.” Chuck replied, “Yes, there is.”

Chuck explained to me that he thought about whether he could shoot through the purse, but was concerned whether his semi-automatic handgun would malfunction so he knew he had to draw the gun from the purse to shoot. Walton by this time had grabbed Chuck’s laptop computer, headed for the door, then turned and opened fire on Chuck. Chuck drew his gun from the purse and returned fire. He advanced on Walton in a combat crouch while yelling a battle cry of the US Army Rangers. His military training from four decades earlier had automatically kicked in.

In what Chuck thinks was no longer than four seconds, both men emptied their guns. Three of Chuck’s seven .380 FMJ rounds were stopped by the laptop Walton held. The remaining four rounds struck Walton who then threw his empty gun at Chuck, ran out of the motel room and collapsed in the parking lot where he soon died. Chuck took a through and through round to the abdomen, another shot to the abdomen that is still in his body, and a hit to the leg.

As he lay rapidly bleeding on the motel room floor, he chanted repeatedly, “call 911, compress the wound, elevate my feet, give me fluids.” Miraculously, the robber’s shots missed anything vital though Chuck is still recovering a year later after multiple surgeries.

There are several takeaways from this incident. Among them:

First, a gun does you no good unless you are carrying it. Lynne was only going to be out of the room for a few minutes, but it was during those minutes when the threat developed. She left her gun on the table in the room. She recounts that one of the detectives who interviewed her after the shooting said, “What were you thinking going out of that room without your gun?”

Second, don’t assume a nationwide chain of lodging establishments are safe and don’t assume anyone is monitoring the security cameras. Lynne and Chuck have now learned that there have been serious problems with Motel 6’s around the country, not just the one where their incident occurred, and several have been shut down. They are suing Motel 6 and the company that provided the security guard who was distracted from the incident by a lengthy personal phone call.

Third, Lynne was attacked during a period of transition when her attention was focused on opening the motel room door. Moments of transition are periods where we are most vulnerable due to task fixation. It is important to heighten our awareness during those periods and be sure our environment is safe.

Fourth, mindset prevailed. Chuck had the warrior mindset that he was going to protect who he calls “the girl of my dreams” at all costs. He drew while at gunpoint himself, closed on the attacker, and won the gun fight despite taking multiple rounds.

Fifth, Chuck ended the threat with relatively weak .380 FMJ rounds fired from a small handgun. The assailant was shooting hollow points, also .380, but most of them missed Chuck and Lynne. Good shot placement took out the attacker.

Sixth, if it comes down to it, an object like a laptop computer might offer some cover to protect vital areas of the body.

Seventh, take a trauma medicine course with your travel companion and have on hand with you a minimum blow-out kit: a tourniquet, pressure bandages, and a hemostatic agent such as Quikclot™ or Celox™. Lynne only had the motel’s towels to try to stop Chuck’s bleeding.

Eighth, don’t expect the fight to be cost free. From a legal standpoint, this was a black and white self-defense shooting; however, Chuck was shot and has a long period of rehabilitation. Police took their guns for evidence. Their dog was so traumatized he had to be put down. Lynne and Chuck now fear retribution from Walton’s accomplices who appear to have gang connections. Attempted murder charges against the assailant’s cohort, have been officially dropped because the main witness has disappeared. Hence, the need for the District of Columbia carry permits.

By the way, both passed their shooting qualification and are the 75th and 76th persons to receive carry permit licenses from the District of Columbia.


George L. Lyon, Jr, Esq. is an attorney licensed in Virginia and the District of Columbia, and he practices law with Arsenal Attorneys™, a national law practice. Mr. Lyon was one of the initial plaintiffs in the US Supreme Court’s landmark Second Amendment case, District of Columbia v. Heller. He was also a plaintiff in Palmer v. District of Columbia, which last year forced DC to begin issuing carry permits to residents and nonresidents.  Mr. Lyon is one of the few firearms instructors certified by DC Metropolitan Police Department to provide the required training for DC carry permits. He can be reached at arsenalattorneys.com. This article is written for general educational purposes only. It does not offer legal advice or an attorney-client relationship. Arsenal Attorneys™ serve clients in 40 states. Always seek legal advice from a licensed professional attorney in your state.

20 June 2016

High FiveArsenal Attorneys were proud to lead the recent creation of the National Capital Friends of NRA committee and sponsor NCFNRA's first annual banquet on June 17, 2016 at Army Navy Country Club in Arlington, Virginia.  The tickets sold out 10 days prior to the event, and over 200 people attended.

The evening featured a live fife and drum corps consisting of current and former musicians of the US armed forces.  A variety of prizes were offered in drawings, silent auction, and a live auction.  The prizes included firearms, gear, training, adventure travel, sports tickets, and historical artifacts.  

Awards were given to members of the local community who showed courage in defense of the Second Amendment, including the landlords of two local firearms dealers who had been targeting in particularly brutal attacks.  Other honorees included Mr. Dick Heller, plaintiff of the landmark US Supreme Court Decision, District of Columbia v. Heller, and a 94 year old WWII veteran who served behind enemey lines as an OSS secret agent in Paris.  

Based on the success of this event, Arsenal Attorneys is preparing the second annual NCFNRA banquet on May 19, 2017 at Army Navy Country Club.

Please contact our firm if you are interested in donating, sponsoring, volunteering, or attending this event.  We want to continue this tradition as the largest gathering of Second Amendment supporters inside the Beltway.  

20 June 2016

GeorgeLyonBWArsenal Attorneys' George Lyon appeared on WMAL this afternoon to discuss recent court decisions and gun control politics with host Larry O'Connor.  The segment can be heard at this link at approximately the 7:40 mark.  

O'Connor asked Mr. Lyon about the Supreme Court’s denial of cert re the New York and Connecticut assault weapons ban appeals from the Second Circuit.  Mr. Lyon said it was not unexpected given that the Supreme Court had declined to hear a similar ban case from Illinois earlier this year.  O'Connor asked if the refusal to hear the case had any particular significance, for example, did it reveal whether the court was influenced by the recent mass shooting in Orlando.  Mr. Lyon explained the Court is asked to hear thousands of cases a year and only agrees to hear around a 100 or so.  Thus said he does not think the decision was influenced by this recent event. Mr. Lyon said we would not likely get a Supreme Court ruling on a so-called assault weapons ban unless there is a circuit split.


O'Connor asked whether Arsenal Attorneys is advising our clients differently in light of recent events.  Mr. Lyon said, given the prospect of a Hillary Clinton controlling Supreme Court appointments, he would be advising people to buy any firearm they think they might want to own.  "Hillary’s copy of the Constitution doesn’t have a Second Amendment in it."

 

30 May 2016

Screen Shot 2016-05-30 at 10.00.53 AMOn this Memorial Day, Arsenal Attorneys™ will pay respect, honor, and remember the fallen who made the ultimate sacrifice in service to their fellow Americans.

In appreciation of all military personnel and their families, we ask you to join us in contributing to the USO—the United Services Organization. The main office of Arsenal Attorneys™ in the Washington, DC area is located in a high rise just minutes from Arlington National Cemetery. The largest tenant of our building is the USO, and we’ve had pleasure of learning about their mission and observing their hard work.

The USO strengthens America’s military service members by keeping them connected to family, home and country, throughout their service to the nation. For nearly 75 years, the USO has been the nation’s leading organization to serve the men and women in the U.S. military, and their families, throughout their time in uniform. From the moment they join, through their assignments and deployments, and as they transition back to their communities, the USO is always by their side.

Today’s USO continuously adapts to the needs of our men and women in uniform and their families, so they can focus on their very important mission. We operate USO centers at or near military installations across the United States and throughout the world, including in combat zones, and even un-staffed USO service sites in places too dangerous for anyone but combat troops to occupy.

USO airport centers throughout the country offer around-the clock hospitality for traveling service members and their families. Our trademark USO tours bring America and its celebrities to service members who are assigned far from home, to entertain them and convey the support of the nation. And our many specialized programs offer a continuum support to service members throughout their journey of service, from the first time they don the uniform until they last time they take it off.

The USO is not part of the federal government. A congressionally chartered, private organization, the USO relies on the generosity of individuals, organizations and corporations to support its activities, and is powered by a family of volunteers to accomplish our mission of connection.

Just prior to the onset of America’s involvement in World War II in 1941, President Franklin D. Roosevelt sought to unite several service associations into one organization to lift the morale of our military and nourish support on the home front. Those entities--the Salvation Army, Young Men’s Christian Association, Young Women’s Christian Association, National Catholic Community Services, National Travelers Aid Association and the National Jewish Welfare Board--became the United Service Organizations or, the USO.

Today, the USO has continued to support our nation’s military and their families for over seven decades as they defend our country and its freedoms. By providing support to our servicemen and women as they perform their most challenging duties around the world, our credo is to be always by their side.

The reach of the USO’s 160 centers extends to countries on every continent except Antarctica, operated by thousands of staff and volunteers whose goals are to match our service members’ vigilance and provide best-in-class service to those who sacrifice so much for America.

Memorial Day is a time to pause for reflection before the distractions of summer. Today we remember the many sacrifices so many have made for our country, but we should remember them year round. If you join us today in contributing to the USO, you will receive their Limited Edition 2016 4th of July T-Shirt so on Independence Day you can continue honoring our military and their loved ones. Please visit this link to make your contribution and to request your July 4th T-Shirt.

 

Arsenal Attorneys™ is a law firm based in the Washington, DC area, and we serve clients in nearly 40 states across America. Our law practice includes a variety of services, such as business services, estate planning, criminal defense, and firearms law. We are particularly renowned for our Arsenal Gun Trust™ solution for NFA firearms, such as silencers/suppressors and SBRs. Our diverse clientele have included presidential campaigns, firearms manufacturers, and nonprofits. We look forward to the opportunity to serve you.

29 May 2016

silencer shop logoWe now have public confirmation of what we’ve privately advised our clients for months: The firearms industry will be a step ahead of new gun control regulations by the Obama Administration.

This week our friends from Silencer Shop™ of Austin, Texas announced their solution to minimize the effects of ATF’s ‘41F’ rule. ATF announced this new rule in January. It will apply to applications to register NFA firearms that are postmarked July 13 or later. 41F will not apply to previously registered NFA firearms, and it will not apply to applications to register new NFA firearms postmarked before July 13, 2016.

The NFA, or National Firearms Act, regulates firearms including silencers/suppressors, short barrel rifles (SBR), short barrel shotguns (SBS), machine guns/full auto, among others. Before an NFA firearm may be either transferred or made, an application with a tax payment must be submitted to ATF. 41F will require that each NFA application include the new ATF Form 23. For an application by a trust, Form 23 requires the fingerprints and photographs of each ‘responsible persons’ in the trust at the time of the application (more about this later).

For maximum convenience, Silencer Shop™ will be providing kiosks to each of the 300 gun dealers in its network. Each kiosk will contain scanners and cameras to capture fingerprints and photographs of each responsible person connected to an NFA application. Thus, the new 41F rule would make little difference in silencer purchases because the customer could complete Form 23 at the point of sale.

If a responsible person in a trust is not available to accompany the customer to the gun shop, that responsible person may use a kiosk at any of the 300 gun shops ‘powered by Silencer Shop™’ to submit their fingerprints and photograph for the customer’s application.

Arsenal logo 1-color printIf you prefer an even simpler process, we recommend you obtain or update a trust using Arsenal Attorneys™ new Arsenal Gun Trust™ design. Remember what we said above, Form 23 must only be completed by a responsible person who is in a trust at the time an NFA application is submitted. As part of our new design, we will customize forms enabling an Arsenal Gun Trust™ client to temporarily remove a responsible person. Therefore, the client-trustee would be the only person who must complete Form 23.

Combined with the new Silencer Shop™ kiosk, suppressor transfers using the new Arsenal Gun Trust™ design will be easy under the new 41F rules taking effect July 13. If your local gun shop is not ‘powered by Silencer Shop™’, you will still have the possibility to simplify Form 23. Your gun dealer can still fingerprint and photograph you himself, but you’ll want to make sure to use our new Arsenal Gun Trust™ so no other ‘responsible person’ must complete Form 23 for your suppressor purchase or other NFA applications.

To obtain a new Arsenal Gun Trust™, or to change your existing trust to our new Arsenal Gun Trust™ design, you can use our convenient online questionnaire. By now, the news reports about 41F have caused a spike in NFA applications leading up to July 13. Silencers particularly are in short supply. We hope the innovations like the Silencer Shop™ kiosks as well as the new Arsenal Gun Trust™ design will lead you to conclude that 41F will truly make little difference in your ability to register NFA firearms.

More than ever the Arsenal Gun Trust™ is a cutting edge solution for registering, handling, and inheriting NFA firearms. Your Arsenal Gun Trust™ will allow other people to share possession of your NFA firearms, and a trust is the only legal way to inherit firearms without the possibility of a public record in probate court. We will also design your trust to be multigenerational and portable, subject to state law. The new Arsenal Gun Trust™ design will also help you and successors understand how to comply with ATF regulations and firearms laws. If you ever need support in the future, Arsenal Attorneys™ will be ready to assist.

If you already have an Arsenal Gun Trust™, or you have an NFA gun trust from elsewhere, we can update your trust with our new design. To request an update of your trust, use our online questionnaire to request a 'restatement.'

We look forward to serving you.

21 May 2016

nra annual meeting 2016Meet up with Arsenal Attorneys today at the Expo of the NRA Annual meeting in Louisville. We’ll be visiting our friends from Silencer Shop (Booth #5835). We’d enjoy seeing any of our clients from across America who have come to this year’s NRAAM. Bring any questions you have about our Arsenal Gun Trust™ services and changing ATF regulations.

Yesterday our lawyers attended the Annual National Firearms Law Seminar™ organized by NRA’s Office of the General Counsel and sponsored by the NRA Foundation. We’ll have the latest news to share about gun laws. Our experience at the seminar confirmed the Arsenal Gun Trust™ is ahead of the curve when it comes to protecting and helping clients deal with changing gun laws.

There’s been much excitement about the new regulations known as ‘41F.’ They will take effect July 13. In all the excitement, we’ve noticed people are unaware of what 41F will not do. 41F will not affect NFA firearms registered in applications postmarked before July 13. Also, if you add or remove people in a trust, 41F will not matter. If your trust is designed to continue beyond your lifetime, 41F will not prevent your successors and beneficiaries from keeping your trust and NFA firearms (along with the tax stamps).

What will 41F do? 41F only affects new applications to register NFA firearms starting July 13. For all so-called ‘responsible persons’, a new form will need to be submitted for NFA registrations. That ‘Form 23’ will require photographs and fingerprints. Your gun dealer will be allowed to complete your fingerprints and photographs at the point of sale, so there’ll be minimal burden. For the other people in your trust, they might need to complete Form 23 depending on the design of your trust. In the Arsenal Gun Trust, many people in the trust are not responsible persons. Also, we provide clients a new customized method for temporarily removing people. Consequently, all the other people in your trust could avoid the effects of 41F.

Regardless if you have a trust or not, this is an important time to obtain the new Arsenal Gun Trust™. We can create a new trust for you or update your existing trust—even if you obtained your trust elsewhere.

If you come see us at the Silencer Shop™ booth at the NRA Expo, you’ll have a chance to see why we call this period the ‘Golden Age’ of silencers (or suppressors, if you prefer). Technology has never been better. The product range has never been wider. And the law has never been better. Thanks to the Arsenal Gun Trust™, your ownership of NFA firearms, including short barrel rifles (SBR), short barrel shotguns, machine guns/full auto, can continue to be easy, safe, and private.

If you can’t make it to the NRA Annual Meeting, contact us any time by phone or email. We serve clients from across America. We are perhaps the only law firm direct attorney-client relationships in the area of NFA firearms and NFA gun trusts. We use no middle man. We look forward to hearing from you.

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