Texas

Confusion reigns across Texas on new open carry law

by Morgan Smith

AUSTIN — As the New Year arrived, so did a new option for gun-toting Texans.

The state's roughly 826,000 handgun license holders, who previously had to keep their firearms concealed, can now carry them openly in a hip or shoulder holster.

Across Texas, law enforcement officials, city leaders and business owners are bracing for lawsuits.

That's because state officials have so far largely left interpretation of the new law, which Gov. Greg Abbott signed in June, up to local authorities. Prosecutors and police chiefs across the state's 254 counties will now each determine their own answer to what was one of the most hotly debated questions of the 2015 legislative session: whether police officers can ask those visibly carrying guns to present their permits.

“There is a difference of opinion about whether or not just the mere fact that someone is walking down Main Street carrying a pistol in a holster is sufficient probable cause for a police officer to insist on seeing their handgun permit,” said Kevin Laurence, executive director of the Texas Municipal Police Association. “We are going to wind up having to get court cases out of this defining exactly what authority police officers have.”

Heralding the new open carry law as a much-needed update to the state's gun regulations, Second Amendment rights activists say it lifts a burden unfairly placed on law-abiding citizens.

“I believe the state is prepared for a smooth, simple transition from concealed to open carry, though I expect most people will continue to carry concealed,” state Sen. Craig Estes, the Wichita Falls Republican who sponsored the legislation, said in a statement. “I truly believe the new law will benefit all law-abiding Texans.”

But the legislation's critics have warned it could have negative consequences for tourism, retail and public safety in the state.

And when it comes to enforcement, confusion reigns.

Laurence said his organization, which represents more than 22,000 Texas law enforcement officers at the state, county and local level, has advised police officers to seek guidance from their departments on how they should approach open carry — and whether they need some evidence or suspicion of criminal activity to ask to see someone's gun permit.

“The biggest emotion going on out there is confusion,” he said.

While the law protects existing “gun-free zones” — school campuses, courthouses and certain public property, for example — there's still some uncertainty about where such zones begin and end.

In September, state Sen. John Whitmire, a Houston Democrat who opposes open carry, asked Texas Attorney General Ken Paxton whether the law merely gave schools the authority to prohibit guns in buildings and classrooms, or whether that authority extended to all district property, including parking lots, sidewalks and driveways.

Attorneys for Hays and Tom Green counties both asked Paxton to clarify their authority to limit handguns in multipurpose government buildings that also house courts. Their question boils down to whether officials may only ban guns in rooms where court proceedings take place — or if they can bar them from an entire building if the building houses a courtroom, said Hays County Criminal Attorney Wes Mau.

Paxton offered some clarification on the new law in three advisory opinions issued on Dec. 21. He ruled that school districts could prohibit weapons on all district property, including sidewalks and driveways, but that local officials could only ban guns from courtrooms, not entire courthouse facilities.

Complicating matters for government entities is a second law legislators passed in 2015, one that imposes a fine on local officials who improperly ban handguns in public places.

But it's not just government entities grappling with open carry. Businesses in Texas are choosing between allowing open carry of handguns — which can make patrons uneasy — or facing an angry backlash from gun rights activists if they don't.

Shortly after the law passed, Whataburger announced it would not allow open carry in its restaurants. Targeted outrage and calls for a boycott of the San Antonio-based fast food chain led CEO Preston Atkinson to make a public statement on the policy.

He said that while the company supports the Second Amendment, it made the “business decision” not to allow open carry in its restaurants “a long time ago.”

“We're the gathering spot for Little League teams, church groups and high school kids after football games,” Atkinson wrote. “We've had many customers and employees tell us they're uncomfortable being around someone with a visible firearm who is not a member of law enforcement, and as a business, we have to listen and value that feedback.”

Under the open carry law, if a business wants to prohibit all handguns on its property, it must post two signs in English and Spanish, one banning concealed handguns and another banning open carry.

The new requirements — and the legal threat companies face for not complying — are especially burdensome for small businesses that lack corporate resources like an in-house lawyer, said state Rep. Diego Bernal, a Democrat.

Since October, Bernal has been distributing signs that meet state requirements to small businesses in his San Antonio district that wish to ban firearms.

“The state has zero plan to let people know what to expect — folks are kind of in the dark,” said Bernal. “There are going to be a patchwork of interpretations and probably a patchwork of lawsuits. It was so poorly done.”

http://www.wacotrib.com/news/politics/confusion-reigns-across-texas-on-new-open-carry-law/article_6fbd8f5f-b9c8-5c59-b9f6-b63ba927374e.html

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Illinois

Next Chicago police chief faces daunting mission, and demanding boss in Rahm Emanuel

by Bill Ruthhart and Annie Sweeney

Heal a deep lack of public trust. Cooperate with a federal civil rights investigation into the use of force. Reform a police department with a history of corruption. Deal with some of the nation's most intractable gun and gang problems. And work for a famously demanding mayor in the midst of his most severe crisis.

It's a daunting to-do list for Chicago's next police superintendent, a person Mayor Rahm Emanuel will hire to navigate the turbulent environment that has erupted since the court-ordered release of a video showing a white police officer shooting a black teenager to death more than a year ago.

Law enforcement experts say the new top cop should have a strong personality, understand police work and its dangerous nature, and recognize past abuses. And if Chicago is to realize true change, they say, it's important that the person have a large measure of independence from the mayor — or at least be working on the same reform goals — and the freedom to make decisions without political influence.

But relinquishing such authority to a strong-willed police superintendent could be difficult for Emanuel, who is known for hands-on governing and asserting tight control over many facets of city government. That includes calling Cabinet members and other top aides at all hours to question decisions, demand plans and express displeasure.

Garry McCarthy was no exception.

Chicago's former police superintendent received frequent phone calls from Emanuel, who micromanaged police headquarters from his suite of City Hall offices, sources familiar with McCarthy's tenure said. McCarthy also had to deal with what was described as Emanuel's approach of governing day to day and crisis to crisis and his lack of a broader vision of how to fight and prevent crime, the sources said.

Two senior Emanuel administration officials acknowledged that the mayor calls his top deputies often, but they challenged the assertion that he micromanages the Police Department.

"When you have some of the things that have gone on — kids and babies getting shot — the mayor wants to know what the plan is to address it, and you're going to get calls from him at 2 in the morning. It's an enormously stressful job," said one of the Emanuel aides, who was not authorized to speak publicly. "It's not about telling [the police superintendent] what to do.... The mayor gave Garry a pretty high level of deference, but you work for Rahm, so you're going to have to pick up the phone."

Emanuel's decision to publicly back McCarthy early during the Laquan McDonald shooting controversy only to fire him days later in the glare of the national spotlight could leave some candidates hesitant to apply for the job.

Emanuel aides say concerns should be outweighed by the chance to reform one of the nation's largest departments with the help of a federal civil rights investigation.

"This is a huge opportunity at this moment in time. The Department of Justice investigation will give the new leader a lot of cover to do things that he or she would not otherwise be able to do, because of internal and external politics," said the Emanuel aide. "It is an exciting opportunity to be able to come in and hit the reset button in Chicago and get a lot accomplished."

City Alderman Howard Brookins, who has worked as a public defender and assistant state's attorney, says City Hall has long had a heavy hand in the Chicago Police Department. That tradition, he says, will have to change.

"The next person needs to be a strong leader who has the ability to get the job done," Brookins said. "And whether or not that person will have free rein from the mayor to get in there and fix the problems will be the key."

Emanuel fired McCarthy on Dec. 1 in the midst of the fallout from the police shooting of McDonald, 17, in October 2014. The mayor and City Council signed off on a $5-million settlement for McDonald's family in April, just after Emanuel won reelection.

For nearly a year, Emanuel fought to keep a police video of the shooting under wraps. Hours before a video was released in November showing Officer Jason Van Dyke shooting McDonald as the teen walked away and then as he lay in the street, prosecutors charged the officer with murder. On Tuesday, Van Dyke, 37, pleaded not guilty to first-degree murder.

The timeline has led some Chicagoans to take to the streets in protest, accusing Emanuel and Cook County State's Atty. Anita Alvarez of being complicit in a cover-up. The subsequent release of city records revealed six officers at the scene of the shooting, including Van Dyke, filed reports saying McDonald had approached officers before he was shot, though he actually walked away.

The McDonald case and Emanuel's public acknowledgment that a "code of silence" exists in the Police Department when it comes to misconduct do not mark the first time a Chicago mayor has had to search for a new leader to restore confidence in a department mired in controversy.

In 1960, when then-Mayor Richard J. Daley was left searching for a reformer after a scandal, he made what even decades later seems like a radical move. He tapped criminologist O.W. Wilson, a dean at UC Berkeley, for the job. At the time, Wilson's scholarly background was criticized as not steeped enough in policing to address the misconduct, which had come to light when eight officers were named in a burglary ring.

Wilson ran the Chicago Police Department for seven years until he retired, and eventually was credited with an overhaul that included improving morale, upgrading equipment, boosting rank-and-file pay and increasing personnel.

His October 1972 Chicago Tribune obituary outlining the changes reads like a blueprint for what the city might again have in store today.

"New young faces began appearing in high places in the department, and outside consultants became a common sight. They were brought in to spot things that needed correcting," the obituary said. "Most important, Wilson obtained the complete backing of Mayor Daley."

It continued: "However, Wilson was not without his critics."

"In addition to the usual sniping from the City Council, many of the policemen who had risen through the ranks under the old system" had "suddenly found themselves purged" and offered "attacks that became personal."

http://www.latimes.com/nation/la-na-chicago-police-20160103-story.html

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Illinois

Chicago Police: Some crimes dropped in 2015, homicides rose

The department pointed to reductions in overall crimes for the fourth straight year and the lowest number of violent crimes since the 1960s

by Don Babwin

CHICAGO — As it scrambles to regain public trust shattered by the video of a black 17-year-old being shot 16 times by a white officer, the Chicago Police Department released crime statistics Friday that reveal a drop in some major crimes in the city but a significant increase in the number of homicides and shootings.

The department pointed to reductions in overall crimes for the fourth straight year and the lowest number of violent crimes since the 1960s, something it has for months told a city that's seen mounting homicide numbers — 468 in 2015 after falling to 416 in 2014.

The release, which came weeks after Chicago made public the video of Officer Jason Van Dyke fatally shooting Laquan McDonald, also acknowledges that trust in the department "has been shaken." It does not mention the forced resignation of Police Superintendent Garry McCarthy, the murder charge against Van Dyke nor various federal and local investigations, but it does include several "major reforms" that were announced earlier this week.

"In addition to building upon our public safety accomplishments, our focus for 2016 will be to restore the trust of the people of Chicago by being more transparent and continuing to work ... to take a critical look at tour department to develop best-in-class policies and practices," Interim Police Superintendent John Escalante said in the statement.

In some ways, the release was similar to those issued under McCarthy, such as the mention of nearly 7,000 illegal guns confiscated by the department and criticism of the state's lenient gun laws.

More significantly, the release stressed "major reforms" and "policy revisions" that have been announced by the department in the wake of the McDonald video, such as implementing training for officers to "resolve confrontations using the least force necessary" and equipping every responding officer with Tasers by June 1.

The department and the city's leaders also have been criticized for what many view as a willingness to cover up the misdeeds of officers. Shortly after the McDonald video was released, the city released reports of police officers at the scene of that shooting, and this week, the city's law department released thousands of pages of internal documents as a way to demonstrate its commitment to transparency.

Shortly after he became interim superintendent, Escalante said that dashboard cameras were being inspected and that officers could face punishment of they are not in working order. And on Friday, the news release said that the department is expanding the use of body cameras.

http://www.policeone.com/chicago/articles/59252006-Chicago-Police-Some-crimes-dropped-in-2015-homicides-rose

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Mississippi

Mississippi Councilman Kenneth Stokes wants people to throw rocks and bricks at cops chasing suspects

by Melisa Stumpf

A Mississippi councilman said that he wants people to throw rocks, bricks and bottles at officers chasing suspects wanted for misdemeanor crimes.

Jackson Councilman Kenneth Stokes said he's had enough and that police pursuits put area residents in danger.

“What I suggest is we get the black leadership together and as these jurisdictions come into Jackson, we throw rocks and bricks and bottles at them,” Stokes told WLBT-3 News on Thursday.

“That will send a message we don't want you here,” he added.

Stokes told the local news that he demands the same respect for Jackson that is given to surrounding cities in Mississippi.

His remarks follow several incidents of police chasing misdeamenor suspects, commonly originating in other cities and ending in Jackson.

Law enforcement officers, the governor, and the attorney general are all firing back as a result of his suggestion.

Madison County Sheriff Randy Tucker was among those who took to social media to voice his anger.

Madison is located about 25 miles from Jackson.

“Any Madison county law enforcement that is attacked because of your ignorant statements, I will hold you responsible,” Tucker said on Facebook.

The Calhoun County Sheriff's Department, located approximately 140 miles from Jackson, joined in on the social media storm stating that they will no longer do business in Jackson.

They also urged all sheriffs and chiefs of police in the state of Mississippi to do the same until Stokes resigns.

Jim Hood, the attorney general of the state, posted a comment via Twitter on Saturday saying that “Actions that put law enforcement officers in harm's way cannot be tolerated.”

Mississippi Gov. Phil Bryant is said to be threatening to investigate Stokes over his suggestion for violence, CNN reports.

On Friday, Bryant said on Facebook that he condemns “any such remarks in the strongest possible manner,” he said.

“This is nothing short of an outright assault upon all who wear the badge. I will be asking Attorney General Jim Hood to investigate whether Mr. Stokes' remarks represent criminal threats against law enforcement officers,” Bryant added.

Twitter users from across the nation were also outraged — calling Stokes “unfit to serve,” and saying that the rocks and bottles should be thrown at him instead.

"He is not fit to serve on the Jackson, Mississippi City Council,” said Cameron Gray on Twitter.

“Councilman Kenneth Stokes should resign. You should support your local police...not suggest citizens throw rocks and bricks at them #wrong,” said another.

Stokes did not immediately respond to a request for comment.

http://www.nydailynews.com/news/national/mississippi-councilman-people-throw-rocks-cops-article-1.2483507

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From the Department of Homeland Security

DHS releases end of fiscal year 2015 statistics

Department is better targeting its enforcement efforts to prioritize convicted criminals and threats to public safety, border security, and national security

WASHINGTON — Today, the Department of Homeland Security (DHS) released its end of Fiscal Year (FY) 2015 statistics which reflect the Department's immigration enforcement efforts that prioritize convicted criminals and threats to public safety, border security, and national security.

Overall, the Department apprehended 406,595 individuals nationwide and conducted a total of 462,463 removals and returns. The U.S. Border Patrol reported 337,117 apprehensions nationwide, compared to 486,651 in FY 2014. At the same time, ICE removed or returned 235,413 individuals in FY 2015, with 86 percent of these individuals considered a “top priority” (Priority One) – those considered border security or public safety threats.

The number of convicted criminals removed from the interior continued to increase, as 91 percent of ICE's FY 2015 interior removals and returns were individuals who were previously convicted of a crime, compared to 86 percent in FY 2014, and just 67 percent in FY 2011.

Secretary of Homeland Security Jeh Johnson made the following statement concerning these numbers:

“Last year's removal and return statistics are characterized primarily by three things: first, last year's removal numbers reflect this Department's increased focus on prioritizing convicted criminals and threats to public safety, border security and national security. Second, the removal numbers were driven by the dramatic decrease in those apprehended at the border in FY 2015 – 337,117 – the second lowest apprehension number since 1972, reflecting a lower level of attempted illegal migration at our borders. Third, to improve the transparency of our efforts, for the second year in a row, we are releasing the immigration statistics of CBP and ICE together, rather than piecemeal, to provide a single, clear snapshot of our overall immigration enforcement picture.

FY 2015 was a year of transition, during which our new policies focusing on public safety were being implemented. In FY 2016 and beyond, I want to focus even more interior enforcement resources on removing convicted criminals. To that end, we are renewing and rebuilding ICE's ties with state and local law enforcement. A year ago, we ended the controversial Secure Communities Program, and replaced it with the Priority Enforcement Program. Of the 25 largest jurisdictions that had placed restrictions on their own cooperation with ICE, 16 are now working with us again for the good of public safety.

In FY 2016, we will be challenged again by a variety of factors driving illegal migration to the U.S., mostly from Central America, and we are redoubling our border security efforts now to meet that challenge.”

U.S. Customs and Border Protection (CBP) Enforcement Efforts at and between Ports of Entry

The nation's long-term investment in border security continued to produce significant and positive results in FY 2015. Illegal migration continued to decline compared to the peak in FY 2000, when the Border Patrol reported 1.6 million apprehensions. This fiscal year, the Border Patrol reported 337,117 apprehensions nationwide, compared to 486,651 last fiscal year. This represents a 30 percent decline since last year and an almost 80 percent decline since the peak of apprehensions in FY 2000. Further, in FY 2015, Border Patrol apprehensions of Mexican nationals decreased by 18 percent from FY 2014, and apprehensions of individuals from countries other than Mexico, predominately from Central America, decreased by 68 percent.

Enforcement actions at ports of entry continued to yield important border security achievements. In FY 2015, CBP officers at ports of entry arrested 8,246 people wanted for serious crimes, including murder, rape, assault, and robbery. Officers also stopped 225,342 inadmissible individuals from entering the United States through ports of entry, an increase of 14 percent from FY 2014. Depending on the circumstances, these individuals were arrested for removal, allowed to voluntarily return to their country of origin, or allowed to withdraw their applications for admission into the United States. Inadmissibility grounds included those related to previous immigration violations, as well as criminal and national security-related reasons. As part of these efforts, CBP also identified 11,611 high-risk travelers who would have been found inadmissible had they traveled to the United States, and who were instead prevented from boarding flights destined for the United States.

In addition, CBP officers and agents played a significant counter-narcotics role in FY 2015, seizing more than 3.3 million pounds of narcotics across the country.

For a comprehensive breakdown of CBP's FY 2015 enforcement efforts, please click here.

U.S. Immigration and Customs Enforcement (ICE) Interior and Border Enforcement Efforts

In FY 2015, ICE removed or returned 235,413 individuals. Of this total, 165,935 were apprehended while, or shortly after, attempting to illegally enter the United States. The remaining 69,478 were apprehended in the interior of the United States and the vast majority were convicted criminals who fell within ICE's civil immigration enforcement priorities.

98 percent of ICE's FY 2015 removals and returns fell into one or more of ICE's civil immigration enforcement priorities, with 86 percent falling in Priority 1 and 8 percent in Priority 2. In addition, ICE's interior enforcement activities led to an increase in the percentage of interior removals that were convicted criminals, growing from 82 percent in FY 2013 to 91 percent in FY 2015. These numbers clearly illustrate the agency's continued commitment to focus on the removal of convicted criminals and others posing a threat to public safety in the interior of the United States,[i] and the removal of individuals apprehended while attempting to unlawfully enter the United States.

The Department's civil immigration enforcement priorities impact how ICE conducts removals, as they underscore a heightened focus on the greatest threats to national security, public safety, and border security. Rather than expending limited resources on individuals charged or convicted of traffic and other minor offenses, ICE instead focused its resources on those who pose a threat to public safety and on recent unlawful entrants.

Refining Civil Immigration Enforcement Priorities

In FY 2015, ICE prioritized its limited resources by refining its focus to our most serious threats to national security, border security, and public safety, as directed by Secretary Johnson in his November 20, 2014 Memorandum entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.

Although the revised civil immigration enforcement priorities were only effective for the final three quarters of FY 2015, ICE's removal statistics demonstrate strong alignment with the revised priorities. For example, 86 percent of all individuals ICE removed in FY 2015 were in “Priority One” (recent unlawful border entrants, convicted felons and aggravated felons). Additionally, 59 percent of total ICE removals were convicted criminals, and of those, 81 percent fell within Priority One.

The nature and scope of ICE's civil immigration enforcement is further impacted by a number of factors, explained more fully below. These include: 1) the level of cooperation from state and local law enforcement partners; 2) the level of illegal migration; and 3) changing migrant demographics. As the new enforcement priorities become even more engrained, ICE expects continued heightened focus on priority individuals and those that represent threats to public safety and security.

Level of Cooperation from State and Local Law Enforcement Partners

A significant factor impacting removal operations has been the number of state and local law enforcement jurisdictions limiting or declining cooperation with ICE. When law enforcement agencies decline to transfer custody of removable convicted criminals and public safety threats to ICE, the agency must expend additional resources to locate and arrest these individuals at-large.

To address this problem, on November 20, 2014, Secretary Johnson announced the creation of the Priority Enforcement Program (PEP) as part of the President's immigration accountability executive actions. Implemented in July 2015, PEP is designed to be flexible, allowing ICE to tailor the program to fit the needs of each jurisdiction and achieve mutual law enforcement goals. PEP improves the process of transferring those most dangerous from state and local custody by enabling ICE to take custody of priority individuals without damaging trust with local communities.

Throughout 2015, DHS and ICE conducted a nationwide effort to implement PEP and promote collaboration, reaching out to thousands of local law enforcement agencies and government officials. The agency's Field Office Directors have briefed the program to over 2,000 law enforcement jurisdictions. Of note, 16 of the top 25 jurisdictions with the largest number of previously declined detainers are now participating in PEP, representing 47 percent of previously declined detainers. Most law enforcement agencies are now cooperating via PEP. On December 22, the City of Philadelphia announced it has agreed to work with us again, and ICE is continuing its outreach to other jurisdictions.

As ICE continues to strengthen and improve relationships with state and local law enforcement partners, more jurisdictions will participate in PEP, increasing the number of convicted criminals transferred to ICE for removal.

Decreased Illegal Migration and CBP Apprehensions

Historically, a large number of ICE's removals have been based on CBP's significant border apprehensions. However, with the exception of one year, apprehensions along the southwest border – a key measure of illegal border crossings – are at their lowest level in more than 40 years. In FY 2015, the total number of U.S. Border Patrol apprehensions was approximately 337,117, a decrease of 30 percent from FY 2014. The lower number of CBP apprehensions resulted in a decrease in the number of overall ICE intakes, falling from 263,340 intakes in FY 2014 to 193,951 intakes in FY 2015.

Changing Migrant Demographics

Changing migrant demographics over the last few years have also impacted ICE removal operations. In FY 2014, the number of Central Americans apprehended at the southwest border significantly increased. Although the numbers of apprehensions for this population dropped in FY 2015 in comparison to the number apprehended in FY 2014, the numbers were still high. Higher numbers of Central Americans crossing our border require greater resources, as the removal process for this population takes more time, personnel resources, and funding to complete compared to the removal process for Mexican nationals. Additionally, many of these Central American nationals are asserting claims of credible or reasonable fear of persecution. Such cases require careful adjudication, and therefore, take longer to process. Early data indicates that some individuals have successfully obtained asylum in the removal proceedings process.

For a comprehensive breakdown of ICE's FY 2015 removal numbers, please see the FY 2015 report here.