The Gottlieb-Tartaro Report
Issue 072
December, 2000

ANTI-GUN ELECTION VICTORY?
YES AND NO

If you look at the federal and state elections from our anti-gun enemies' point of view, it was a stunning victory. If you look at it from the pro-gun viewpoint, it was just about a wash with a small but significant net loss for the Second Amendment.

Handgun Control, Inc. (HCI) issued a bevy of post-election press releases touting the defeat of eight elected officials on their "Dangerous Dozen" list.

Taking a little shine off their celebration was a Federal Election Commission complaint filed against HCI by the American Conservative Union charging illegal campaign contributions to anti-gun candidates.

Here's HCI's tally of "8 of the Dangerous Dozen Candidates Defeated." All but one were Republicans.

MISSOURI: Sen. JOHN ASHCROFT defeated by the late MEL CARNAHAN (two year term will be served by JEAN CARNAHAN). FLORIDA: Rep. BILL McCOLLUM defeated by BILL NELSON for open Senate seat. MICHIGAN: Sen. SPENCER ABRAHAM defeated by DEBBIE STABENOW. ILLINOIS: Challenger MARK BAKER defeated by Democrat incumbent Rep. LANE EVANS. CALIFORNIA: pro-gun Democrat MATTHEW MARTINEZ lost the primary to anti-gun HILDA SOLIS; Rep. JIM ROGAN defeated by ADAM SCHIFF. NEVADA: State legislator JIM PORTER lost to SHELLEY BERKELEY. OREGON and COLORADO both passed Gun Show ballot measures.

However, the HCI brag list doesn't tell the other side of the story: A lot of the people on their various "Dangerous Dozen" lists won the election. But they don't like to talk about that.

Unmentioned winners from HCI's "Dangerous Dozen" list are: VIRGINIA: Former Governor GEORGE ALLEN defeated Sen. CHARLES ROBB. NEW HAMPSHIRE: Rep. Charlie Bass. KENTUCKY: Rep. ERNIE FLETCHER. FLORIDA: State legislator ADAM PUTNAM. NEVADA: Although he didn't make the "Dangerous Dozen" lists, Second Amendment ally JOHN ENSIGN won the U.S. Senate seat being vacated by RICHARD BRYAN.

Fifteen more elected officials appeared on HCI's "Dangerous Dozen Dishonorable Mention" list. Ten of those fifteen friends of the Second Amendment won their elections.

Victors: PENNSYLVANIA: Sen. RICK SANTORUM; Rep. PAT TOOMEY. GEORGIA: Rep. BOB BARR. KENTUCKY: Rep. ANNE NORTHUP. MICHIGAN: Pro-gun Democrat JOHN DINGELL. NEW JERSEY: Rep. JIM SAXTON. TEXAS: Rep. PETE SESSIONS. COLORADO: Rep. TOM TANCREDO. NEW MEXICO: Rep. HEATHER WILSON. OHIO: PAT TIBERI.

The five who lost were: WASHINGTON: Sen. SLADE GORTON (still in recount); State legislator JOHN KOSTER; and DAN McDONALD, running for an open U.S. House of Representatives seat. MINNESOTA: Sen. ROD GRAMS.

HCI also gave GEORGE W. BUSH and DICK CHENEY a special "Class of Their Own" for their pro-Second Amendment stances. At press time, BUSH appeared to be the winner.

As calculated by DAVE KOPEL of the Independence Institute, the Senate lost six Second Amendment supporters and picked up two, for a net loss of four. That will certainly hurt in a Senate evenly split between Democrats and Republicans. The House of Representatives was a flat wash, two losses, two gains. No change.

KOPEL noted that in Delaware, weakly anti-gun Sen. WILLIAM ROTH (R) was unseated by anti-gun fanatic Gov. TOM CARPER. "This may be the biggest Congressional loss of the election for the Second Amendment, in terms of practical impact on Capitol Hill," said KOPEL.

In Connecticut, on the other hand, anti-gun Rep. SAM GEJDENSON (D) was ousted by a pro-gun Republican.

In Florida, retiring CONNIE MACK (R) was replaced by anti-gun insurance commissioner BILL NELSON (D). KOPEL felt there was a silver lining in this loss, however: "Rep. BILL McCOLLUM, who lost this open seat race, was a frequent sponsor of crime bills that infringed other parts of the Bill of Rights," he commented.

An open House seat in Florida's 8th Congressional District went to Republican RIC KELLER, who defeated former court clerk LINDA CHAPIN in a hot race where guns were an issue and where Puerto Rican immigration was making the district more Democratic.

Georgia had a particularly interesting Senate race. Incumbent Democrat ZELL MILLER, Georgia's former governor, had stepped into the Senate vacancy created by the death of Republican PAUL COVERDELL. As governor, MILLER was extraordinarily helpful to the rights of gun owners, giving major assistance to the enactment of a statute to outlaw local anti-gun laws, and eagerly signing a ban on vexatious local government lawsuits against gun companies. Although MILLER's opponent, Republican MACK MATTINGLY, was also pro-gun, MILLER can be more helpful to the pro-gun rights cause. As a Democrat, MILLER is well positioned to encourage Georgia's other senator, MAX CLELAND, also a Democrat, to vote pro-gun rights.

Nebraska's retiring BOB KERREY (D) will be replaced by Governor BEN NELSON (D). KOPEL counts this as an important pick-up for the pro-gun side. Along with Sen. MAX BAUCUS of Montana and Sen. ZELL MILLER of Georgia, NELSON will be the third very pro-Second Amendment Democratic senator.

In Ohio's 12th congressional district, vacated by pro-gun JOHN KASICH after his run for the Presidency, Republican PATRICK TIBERI prevailed in a hard-fought race against funeral director MARYELLEN O'SHAUGHNESSY.

In New York, CLINTON replaced MOYNIHAN. HILLARY's continued presence in government will no doubt help conservative non-profit organizations to raise millions of dollars in a wide variety of direct mail fund-raising campaigns.

In Virginia, over 60% of the electorate voted to create a state constitutional right to hunt, fish, and harvest game, subject to reasonable regulation by the legislature. This annoyed animal rights groups greatly.

In western Pennsylvania's 4th congressional district, an open House seat was vacated by pro-gun Democrat RON KIRK so he could run for Senate. The seat was filled by pro-gun Republican MELISSA HART.

Utah's 2nd District (Salt Lake City) was captured by anti-gun Democrat SCOTT MATHESON, who replaces MERRILL COOK, an incumbent who lost in his party's primary.

At the Federal Election Commission, Handgun Control Inc. was charged in a complaint filed by the American Conservative Union (ACU) with illegal campaign contributions to Presidential candidate AL GORE and candidate campaigns for the U.S. Senate: CARNAHAN for Senate, Missouri; ROBB for Senate, Virginia; NELSON for Senate, Florida; and STABENOW for Senate, Michigan.

The complaint spelled out detailed infractions of federal campaign laws, including excessive spending to defeat Republican candidates and failing to report expenditures for websites expressly advocating the defeat of Republican candidates.

The ACU filed a similar complaint in 1994 against Sen. CHUCK ROBB's reelection campaign over coordinated activity with the National Council for Senior Citizens (NCSC), for which the ROBB campaign was cited and the NCSC was fined $12,000.


S.F. SUPERVISORS WANT GUNMAKERS HELD LIABLE FOR SHOOTINGS

San Francisco is at it again. A Board of Supervisors committee has approved legislation allowing gun dealers and manufacturers to be sued if their weapons cause injuries in the city.

Supervisor ALICIA BECERRIL, sponsor of the legislation, argued that gunmakers and those who sell guns should pay for the cost of treating firearms victims. She said her measure would impose "strict liability." That means gun manufacturers could be sued even if a plaintiff's injury did not result from a defective weapon. (See legal comments in Page 6 story.)

Every year, San Francisco pays $3 million to treat victims of gunshots, BECERRIL said. On average, shootings kill 60 people and injure 200 a year in the city, she said.

The board's Housing and Social Policy Committee unanimously approved her measure. The full board is scheduled to consider the proposal later.

Gun-rights advocates criticized the idea, saying it is unconstitutional, would cause the price of firearms to skyrocket and would remove responsibility for gunshot injuries from the people who actually inflict them.

"This is simply prohibition with another face," said DAVID GOLDEN, a San Francisco resident. "It's feel-good legislation."

Representatives of the gun industry did not appear before the committee. GOLDEN said, "I wonder if the city attorney has presented any estimate of what the cost will be to the city of defending this unconstitutional horror."

Deputy City Attorney TED LAKEY said the measure is constitutional.

BECERRIL said the measure is the first of its kind in the country. It would apply to all gun makers, dealers and importers. They would be held liable for "all direct and consequential damages" of injuries and deaths in San Francisco that result from their firearms.

BECERRIL's measure would exempt gun makers that equip a weapon with a safety device, and would not make manufacturers liable in cases when a police officer shoots someone in the line of duty. Families of suicide victims would also be barred from suing.


TRIGGER-LOCK PLAN DEFEATED IN FLORIDA TOWN

A law requiring gun owners to keep trigger-locking devices on their firearms has failed to get support from a majority of city commissioners in Weston, Florida.

Officials questioned how the proposed measure could be enforced and whether it would open the doors to possible litigation.

"I don't like to be a guinea pig for lawsuits," Mayor HARRY ROSEN said.

Commissioner EDWIN JACOBSON, who proposed the trigger-lock measure, couldn't get another commissioner to support his request. He said he wasn't worried about the prospect of being hauled into court.

The city's law was supposed to be similar to an ordinance in South Miami. The National Rifle Association and its Florida affiliate, United Sportsmen of Florida, are challenging South Miami in court and had threatened Weston as soon as word of JACOBSON's proposal got out.

Four of the five Weston commissioners said it wasn't wise to move forward with the law until the South Miami case is settled.


WISCONSIN OFFICIAL PLANS TO BRING GUN TO MEETING

A Pewaukee, Wisconsin, village trustee said he would bring a gun to a board meeting to make a point about gun rights.

"I will do this because I have the right to do it," said Trustee JOHN LAIMON, a former board president who owns a fishing tackle and bait shop.

"I see his point, but I don't think a public meeting is the appropriate place to bring a weapon," commented fellow trustee TOM PFISTER.

LAIMON said he wants to remind people that it's important not to take for granted the right to bear arms, and that he will follow all laws at the meeting.


ILLINOIS GUN OWNERS SAY LAW LETS THEM TOTE GUNS IN FANNY PACKS

A growing number of registered Illinois gun owners believe they can legally carry concealed handguns and ammunition in public, tucked in specially designed fanny packs.

Fanny pack advocates say the fashionable gun pouches that may look like day planners or cell phone cases are a breakthrough for personal security. Gun control activists see them as a ploy to allow gun owners to protect themselves contrary to law.

Fanny packers found a long-standing clause in state law that permits a registered owner to carry a gun that is unloaded and "enclosed in a case ... or other container." The idea that specially designed fanny packs meet that standard has not been tested in court.

Illinois is one of only seven states that bar most people from carrying concealed firearms.

CHRISTOPHER MORLEY of Forest Park believes his new fanny pack is vital for his safety: If attacked, he can unzip the pack, pull out his .45-caliber Glock pistol, slap in the ammunition clip and shoot, all in a few seconds.

"I basically make it a habit never to leave the house without my gun and my fanny pack," MORLEY, a 33-year-old advertising designer, told a reporter.

MORLEY is a member of Concealed Carry Inc. of Oak Brook, one of the groups promoting the use of fanny packs as gun cases. That group and the Champaign County Rifle Association said they are sending letters to police chiefs around the state, telling them about what they perceive as a "de facto permit to carry" a concealed weapon.

On the home turf of the Champaign County Rifle Association, Urbana police say the statute is ambiguous enough that they've decided against making arrests for now. If officers encounter somebody with a gun in a fanny pack, they will note the incident and leave any decision on charges up to prosecutors.

Other law enforcement officials are prepared to take action.

The gun-case exception to the concealed-weapon ban was meant for people on their way to the shooting range, said Lt. WILLIAM SCHNEIDER of the Des Plaines Police Department, not fanny packers.

"I'm pretty sure we would charge them," he said. "I would say they're taking a risk."

"The fanny packs are basically like holsters" and probably not at all what the legislature had in mind when it demanded that guns be put in a case, said Cmdr. TOM MURPHY of the Palatine Police Department.

JOHN GORMAN, a spokesman for the Cook County state's attorney's office said lawyers there are prepared to prosecute gun owners who carry firearms-loaded or unloaded-concealed in fanny packs. The law "means that you can transport a gun from one place to another, not carry the gun around like a pistol in a holster in the Wild West," said GORMAN.


CALIFORNIA DEADLINE TO REGISTER "ASSAULT" GUNS NEARS

A California state Web site is counting down toward Dec. 31, when California "assault" gun owners must register, make legal or get rid of their firearms.

State Attorney General BILL LOCKYER's "Reg A Gun" site, www.regagun.org, which has received thousands of hits, provides details on how to comply with California's toughened "assault weapons" law, enacted in 1999.

It displays rules drafted to implement the new controls and offers information on the $500 fines and criminal penalties, including jail or prison sentences, for violators.

Owners may legally keep their "assault" guns by registering them with the state Department of Justice. A $20 fee covers one or multiple guns registered in the same transaction.

NATHAN BARANKIN, chief spokesman for Lockyer, said the department has spent $750,000 on a publicity campaign. For gun owners in doubt, Barankin recommended registration. "The $20 you pay now may save you a $500 fine later," he said.


PAPER GUN COSTS STUDENT 2 DAYS AT HOME

A 12-year-old student at Dozier Middle School in Newport News Virginia, was recently suspended for having a paper gun.

The seventh-grader, BRUCE CRUZ, learned from a classmate how to make a gun out of paper. It was the end of the school day, and they were waiting for the school buses to pick them up.

The gun is "real easy" to make, BRUCE said. It's like making a paper airplane. All he had to do was fold two pieces of paper about six times. The paper gun is easily converted into the shape of a boat or plane, he said.

To school officials, it fit under a policy that says a student will not possess "an instrument or device that resembles or looks like a pistol, revolver or any type of weapon not capable of propelling a missile."

Dozier's assistant principal suspended BRUCE for 10 days.

Then, after hearing from BRUCE's mother, the principal dropped the suspension to two days. School officials would not comment on the specifics of the case other than to cite the school system's policy.

The paper gun got into BRUCE's backpack after he decided to show his new trick to a family member. He took out an already-made gun crafted from yellow loose-leaf paper and then constructed his own using white notebook paper.

He tossed them both into his backpack and forgot about them.

While in class Wednesday morning, the two paper guns fell out of his backpack when he opened it to get a book. BRUCE reached down to pick them up off the floor, and his teacher noticed. The teacher took them from BRUCE and said nothing.

"I thought he was going to throw them away," BRUCE said.

BRUCE went to his second-period class, during which a security guard came to escort him to the school office. He was being suspended for 10 days. Five of the suspended days would be out of school, and the other five would be in school.

BRUCE served the first day of suspension at home.

"I completely disagreed with this punishment," said EVA CRUZ, BRUCE's mother.

She called Dozier to share her feelings with the assistant principal, who recommended she write an appeal to the principal. CRUZ did. BRUCE has never been in trouble before, she said.

"My main thing is the 10 days," she said. "He didn't point this at anything. It fell on the floor. He didn't use it. He wasn't playing with it."

One or two days would be more reasonable, she said. The school's principal agreed with her. Cruz got a call from a school secretary, who said the principal had reviewed her appeal and said BRUCE could return to school. He would only have to serve two days of suspension.

"I want to be at school because I want to learn," BRUCE said. "I don't want it to go on my student record."


COLORADO IN DEBATE OVER CONCEALED CARRY PERMIT SECRECY

More than 9,100 Coloradans have a license to pack heat, and two-thirds of the state's sheriffs won't tell who they are.

Those sheriffs - 41 of the 62 across the state - rely on one interpretation of Colorado's public records laws to deny public access to the identities of those who have obtained permits to carry concealed weapons.

Other sheriffs release printed lists of permit holders, basing their decision on another interpretation of state law.

It's an issue that has irritated lawmakers, concealed-weapons permit holders and sheriffs alike.

The controversy sparked debate in the Colorado legislature earlier this year, ending with passage of a bill that would have permanently sealed all information about people who have obtained permits to carry concealed weapons.

Gov. BILL OWENS vetoed the measure, citing the state's history of "open government."

That's probably not the last word on the issue, though. A Denver newspaper recently ran a feature on it and conflicting opinions are now a dime a dozen.


STATE LEGISLATORS ASK FEDERAL JUDGE TO HALT SUITS AGAINST GUN MAKERS

Twenty-six Texas lawmakers, both Democrats and Republicans, have joined in asking a federal judge to throw out the lawsuits filed against gun makers by more than a dozen cities across the nation. The cities have taken gun manufacturers to court, blaming their business practices for illegal gun sales and for making "unsafe" weapons that pose unnecessary risks to children.

The Austin-based Civil Liberties Defense Foundation filed the lawsuit recently in U.S. District Court in Lubbock.

The nonprofit foundation was formed last year by three Republicans, state Reps. RICK GREEN of Dripping Springs and SUZANNA GRATIA HUPP of Lampasas, and former state Sen. JERRY PATTERSON of Pasadena.

HUPP and GREEN, who are two of the legislators listed in the lawsuit, are co-authors of a law passed last year that bans Texas cities and counties from suing gun manufacturers - except in special cases - unless they get the Legislature's permission.

The lawsuit alleges that the cities conspired to "infringe upon the Second Amendment rights of Texans and the rights of gun stores as protected under the Commerce Clause of the U.S. Constitution," according to a news release announcing the lawsuit.

It asks that the lawsuits against gun manufacturers be dismissed and that Texas gun store owners who have been hurt by those actions be awarded damages.

Attorneys for two of the cities named as defendants said they couldn't comment on the lawsuit because they haven't seen it.

But Los Angeles City Attorney CARMEL SELLA said the Texans will face some "serious jurisdictional issues" in their case.

GREEN said that lawsuits by cities such as Atlanta, Boston and New Orleans are attempting regulation by litigation rather than by legislation. He said the gun debate is a political matter, not one that should ever have been brought into the legal arena.

"If they were not trying to make national policy that affects Texans, we wouldn't be going after them," GREEN said of the cities that have filed legal actions against manufacturers of firearms.

GREEN said he blamed the financial troubles of several gun makers on the costly legal fights they have had to wage across the nation. Bankruptcies and the decision by manufacturers such as Colt's Manufacturing Co. of West Hartford, Connecticut, to cease production of certain lines of firearms has, in turn, denied Texans the right to buy products they want, he said.

GREEN said it is unconstitutional for one state to affect commerce in another.


SAN FRANCISCO'S "STRICT LIABILITY" LAW

What are the legal ramifications of the proposed San Francisco "Strict Liability" ordinance reported on Page 3?

Former San Francisco attorney and gun law expert DON KATES believes the proposed ordinance is politically motivated.

"This ordinance is an attempt to blame the gun dealers and the gun manufacturers for the failure of the police to protect people," KATES said. "The supervisors will say 'Nobody needs a gun. We'll protect you.' But they don't protect people, and state law says they can't be sued for not protecting people. So when they fail to protect people they say, 'Let's blame the gun manufacturers.'"

Opponents of laws like the Firearm Strict Liability Act say it is likely to be challenged immediately if it passes. The ordinance could be challenged if it conflicts with any California state law. Twenty-three states have laws that prohibit such an ordinance outright. While California is not one of them, there is a law that protects dealers from liability if they have sold the gun in accordance with legal requirements, notably performing a background check on the buyer. KATES maintains that this law could be extended to the manufacturer.


GUN NEWS TICKER: SHORT TAKES ON GUNS

• Illinois: ALDO BOTTI, former DuPage County Board chairman, used his own legally acquired gun to help bring a peaceful end to a drama in which SARA BUCKSAR pulled a .357 Magnum on a receptionist and also threatened workers with a homemade bomb. BUCKSAR entered BOTTI's law offices looking for a mediator who had handled a bitter custody battle for her four years earlier. The mediator, who did not work for BOTTI, was in another office in the same building. BUCKSAR, police say, pointed her weapon at BOTTI's pregnant secretary. She was muttering complaints about the justice system, witnesses said, while pulling the homemade bomb from her bag. Another secretary knocked over the bomb while Bucksar was attempting to light it. JOE WALDRON, executive director of the Citizens Committee for the Right to Keep and Bear Arms, praised BOTTI. BOTTI retrieved a gun he keeps in his office and pointed it at the woman moments after she drew her weapon, holding her at bay until police arrived.

• A New Jersey judge recently overturned an unusual law that banned guns within 1,000 feet of schools, parks, playgrounds or libraries in the borough of Roseland, ruling that only the state legislature can regulate firearms. The ruling, issued by Judge F. Michael Caruso of Superior Court here, affirmed the argument made by the state affiliate of the National Rifle Association, the Association of New Jersey Rifle and Pistol Clubs, that the borough council had exceeded its powers when it passed the ban in June. The ban, which called for a $1,000 fine, was never enforced because the state gun group obtained a restraining order. The state attorney general's office said Roseland was the only municipality in the state to try to create such gun-free zones. Roseland, a quiet middle-class suburb 10 miles west of Newark, has no gun problem. After the ban passed, some gun owners who live near schools and parks worried that they could be prosecuted.

• Products from condoms to life insurance to beer and wine are endorsed by the Olympic Games. But an official Olympic handgun? No way, said the International Olympic Committee. The IOC rejected the proposal from Salt Lake City organizers, saying there never was and never will be an Olympic gun. "It was my idea," said Salt Lake County Sheriff AARON KENNARD, who spent two years lining up Swiss gun maker SIG Sauer and the Salt Lake Organizing Committee. SIG was willing to give away commemorative sidearms to police officers who will provide security for the 2002 Winter Games. The company made two prototypes, a pair of .40-caliber semiautomatic pistols engraved with the Olympic rings and gold script, that sit in KENNARD's vault. KENNARD was eager to reward law enforcement officers who will work long hours without leave or vacation during the Winter Olympics. No deal.

• Maryland law enforcement agencies continue to make clerical errors that would allow handgun purchases by people who are barred by restraining orders from buying guns, but the number of mistakes has decreased, according to a state police audit. The audit surfaced just days after RICHARD WAYNE SPICKNALL II pleaded guilty to murdering his two young children. A clerical error allowed SPICKNALL to buy the gun he used even though his wife had obtained a restraining order against him. Police are required to enter all protective orders into a statewide computer system, in part so the information can be flagged by state police and the FBI when conducting criminal background checks for gun purchases. People under restraining orders are barred from buying guns. In the months after the SPICKNALL murders, law enforcement officials vowed to take steps to ensure that no such mistakes occurred again. Although state officials are touting the recently completed audit as evidence that police are keeping more accurate records, it's also clear that mistakes persist.

• An American Airlines flight from New York to the Dominican Republic recently made an unscheduled stop after a passenger handed over a gun he said he had unintentionally brought on board. Federal Aviation Administration spokeswoman KATHLEEN BERGEN said the man gave the gun to the flight crew without incident.


OR SHOULD WE SAY PARTING SHOTS!

Here are a few good zingers to cheer your day:

• When Dwayne McDowell Smith, 31, drove to father's house in Jacksonville, Florida to pay a surprise visit, he found his father struggling with a younger man in the yard. The father, James McDowell Smith, 66, shouted to his son, "Shoot him!" The younger Smith retrieved a gun from his car and shot the man in the shoulder, killing him. The father did not know the assailant or the motive for the attack. Police have not filed any charges against Dwayne Smith.

• Then there was 72-year-old Jean Zamarripa, who was sitting in her Colorado Springs home at about 11 p.m. one recent night when she heard a noise in her back yard. She flicked on the outside light, but the noise continued. Zamarripa called out and asked who was there. She also grabbed her loaded .38-caliber revolver. Suddenly an intruder rammed his shoulder into the deadbolted back door, ripping it off its molding. The grandma squeezed the trigger point blank, four times. The intruder left in a hurry and Zamarripa called police. They apprehended 40-year-old Anthony Peralez after he allegedly caused two hit-and-run wrecks. He was bleeding, apparently from gunshot wounds. He was taken to a nearby hospital where he was listed in good condition. He was arrested on suspicion of first-degree burglary and held pending investigation of two rapes of elderly women in the same area a month earlier. Police commended Zamarripa as a hero.

• A Philadelphia deli had been robbed three times in the past 18 months. Sure enough, two men entered the store recently, displaying a weapon to Patty Buchanan, who was behind the counter. They demanded money, and the store owner, Hop Dui, 22, pulled a weapon from behind the counter and shot one of the robbers once in the head. He died at the scene. The other robber fled on foot and is still at large. Police questioned both Buchanan and Dui, but said they will probably not charge anyone with anything. Dui had bought the store a year or so earlier and got a gun after being robbed three times.

• A Los Angeles Police Department press release recently asked the public to be on the lookout for a suspect who fled after they responded to a call, prowler suspect there now. A disabled 77-year-old man and his 74-year-old wife were at home asleep when they heard a noise. The man arose and found an intruder who fired a shot at him and missed. The elderly man fired back with his personal handgun. The fleeing suspect being sought was reported to have a gunshot wound. He was armed and considered dangerous - as long as he lived.


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