Friday, January 19, 2018

Pistols for Defense against Bears? Failures are Rare


While discussing bear attacks, a consistent refrain is that pistols are useless as a way to defend yourself against bears.  In discussion groups, nay sayers claim that pistols are difficult to use, of insufficient power, and there are numerous instances where people who attempted to use pistols to defend against bears are badly mauled. I have read of numerous cases where people used pistols to successfully defend against bears, so I asked one poster to give some examples where pistol defenses failed. The exchange occurred on freerepublic.com:
“Actually, there are legions of people who have been badly mauled after using a handgun on a bear. Even some of the vaunted magnums.”

OK, give us a few examples. As you claim “legions”, it should not be too hard.
I never received a response. I believe the claim was made in good faith. Posters on freerepublic are known for their honesty and courtesy... or it might be the site's moderators.  There has been a plethora of fantasy, fiction, mythology, and electrons sprayed about the inefficacy of pistols used on bears. It takes some serious digging to separate fact from fiction.

I have been engaged in a search for instances where a pistol was used to defend against bears.  I and my associates have found 28 instances that are fairly easily confirmed on the Internet. The earliest happened in 1987, the latest mere months ago. The are heavily weighted toward the present, as the ability to publish and search for these incidents has increased, along with increases in bear and human populations, and the carry of pistols.

The 28 cases include one that can fairly be described as a "failure".

The pistol calibers, when known,  range from 9 mm to .454 Casull. The most common are .44 magnums.  Here are the cases, in chronological order:

1. MT: Grizzly Bear Killed After Biting Warden in Montana Forest June 26, 1987, .357 Magnum

Pictures at Field and Stream Article here
‘’I wouldn’t want to have another go-round,’’ the 60-year-warden, Lou Kis, said from his hospital bed after undergoing surgery for the bite, which was so powerful that it broke the leg bone below the knee.

Mr. Kris, a warden captain here for 22 years, killed the 400- to 500-pound bear with six shots from his .357 caliber Magnum revolver as it bit him.

2. AZ .44 Mag used to stop bear attack Arizona Republic from Phoenix, Arizona · Page 39 - Newspapers.com (July 1996)

Comprehensive article from Gun Watch published in 2017

Jul 28, 1996  The 16-year-old counselor, Anna - Knochel, was in critical condition. Brett Kramer drove away the 340-pound male bear by shooting it twice with a .44 Magnum pistol.

3. Alaska, Russian River,  Grizzly Charged Fishermen, 9mm 17 August, 2002
But then the bear turned, looked up at Brenner and lunged, said Lewis, who interviewed the three men Saturday.

Brenner fired twice at the center of the hulking shape closing to four or five feet away. The sow, estimated at 400 to 450 pounds, went down. Brenner then put three more bullets into her head.

He used a 9 mm semiautomatic pistol. Lewis said such a low-caliber gun ordinarily doesn't pack enough punch to kill a bear. But Brenner loaded the pistol with full-metal-jacket bullets that penetrated to the bear's vital organs, he said.
4. Muldoon Alaska, Hiker Kills Charging Brown Bear from 20 feet with .44 Magnum,  24 September, 2004

Original story from Anchorage Daily News

"I fired the first shot, and I aimed at its shoulders. When the first shot didn't faze it, I fired the second time, and it turned into the ditch, and I shot three more times, and it went down," said Boyd.

Boyd was down to one remaining bullet in his .44-caliber Magnum when he called Anchorage police for assistance. State trooper Kim Babcock helped Boyd finish off the bear with her shotgun.


5. Black Bear broke into Anchorage home, AK Glock .40 , 2 June, 2006

A large black bear broke into an Anchorage home early this morning, rummaged around like a burglar and feasted on a box of chocolates before the homeowner shot him dead with a Glock.

(snip)

Knowlton said the bear started back up the stairs toward his son. He shot the animal multiple times and it went back downstairs.


6. From bozemandailychronicle.com: October 6, 2007 MT (Tom Miner Basin), .44 Magnum
It attacked a pair of bow hunters early Saturday afternoon. One of them used bear pepper spray and halted a charge within nine feet, but the grizzly turned and charged a second time. That’s when the second hunter shot it twice with a .44 magnum pistol.

7. On the same day, another bear attack (Tom Miner Basin) and pistol defense of Roman Morris From mtstandard.com: October 6, 2007
‘‘It charged down the hill and just drilled me,’’ said Morris, 21, of Whitewater.

Over the next 30 to 45 seconds, Morris fought with the bear as it bit and clawed, severed his left hamstring, punctured his shoulder, chomped at his head and tossed him around.

‘‘I thought the whole time, This is so messed up. I’m going to die, I’m going to die,’’’ said Morris, a pre-med major.

The bear ran off after a friend fired a pistol. Morris underwent surgery at a Livingston hospital and was recuperating Monday at his brother’s house in Helena.
8. Wyoming, Flying H Ranch, Bowhunters Attacked by 600 lb Grizzly, Stopped Charge with .44 Magnum November, 2007
Byrum started to pull his .44 Magnum pistol out of his holster. After bumping into Byrum, Hambelton dove to the ground and curled into a ball, with his backpack facing the bear.

"I just gritted my teeth expecting the bear to bite me," Hambelton said.

With the bear closing to within six feet, Byrum fired a shot into the bear's neck.

"I kept telling myself, don't shoot in the head," said Byrum, fearful that a bullet to the head would glance off the bear's skull.

As the pistol fired, Byrum tripped over a tree stump behind him. With Byrum on his back, the bear fell in front of his hunting boots.

"I thought, 'Oh no, this is going to be bad,'" said Byrum, who could see smoke coming out of the bear's fur where he had shot him.

9. Grizzly shot with 9 rounds of .45 from a Glock 21 from gunnerforum.org reported August 22, 2009
There was not much news coverage of my friends incident up on his place in Marias pass area here in Montana. The proper agencies investigated and found him to have defended himself against this 400 lbs sow grizzly with 2 cubs.
Roy was up on the edge of his property tending his fence line, when out of the brush she was a coming straight at him with her ears back. Roy drew and put 3 rounds of 230-gr FMJ in her neck shoulder area, then took off away from the trail about 5 yards. Roy said the bear was still coming at him, and he fired 3 more rounds into her frontal area. And again took off another 5 yards off in another direction. The sow continued to follow coming at him, so Roy fired 3 more rounds into her frontal area and she dropped taking a dirt nap.

Roy called to report the incident, and they came out and brought a metal detector to locate spent extracted shell casings. Roy was found acting within his right to protect himself against the grizzly bear attack. But they said, they wished he would have used Counter Assault Bear Spray. Roy did not have any, so they gave him a can, plus some 12 ga cracker shells, and some other 12 ga shells will rubber bullets in them.

Roy came into town and purchased a Glock 20 10mm auto now.

I'm glad Roy is okay.
10. AK, Kenai Peninsula, Charging Brown Bear Stopped with Ruger .454 Casull, 2 August, 2009
Because of many bear-related incidents in this area, Brush always has brown bears on his mind…even when walking a well-maintained road. On just such a road, less than 500 yards from his house, Brush stopped when he heard a twig snap behind him. Turning his head toward the sound, Brush saw a monstrous brown bear charging toward him. "There was no warning," he stresses. "None of the classic teeth-popping or woofing, raising up on hind legs, or bluff-charging that you read about. When I spotted him he was within 15 yards, his head down and his ears pinned back. He was coming like a freight train…in total chase-mode."

Brush instinctively back-pedaled to avoid the charge, drawing the Ruger from its holster. "I fired from the hip as he closed the distance," Brush recalls. "I know I missed the first shot, but I clearly hit him after that. I believe I fired four or five shots. "

Brush finally fell on his back on the edge of the road. Miraculously, the bear collapsed a mere five feet from his boot soles, leaving claw marks in the road where Brush had--only seconds before--been standing. The bear was moaning, his huge head still moving, as Brush aimed the Ruger to fire a finishing shot. "By then my gun had jammed," Greg says. "I frantically called my wife on my cell phone and told her to bring a rifle. When she arrived I finished the bear."

11. AK, Denali National Park: Backpacker Stops Grizzly attack with .45 pistol, May 28, 2010
A grizzly bear that emerged from a thicket and charged two backpackers in the backcountry of Denali National Park and Preserve was shot and killed by one of the two who was carrying a .45-caliber semi-automatic pistol, according to park officials.

The killing Friday is believed to be the first instance of a hiker killing a grizzly in the park's wilderness. The killing occurred in the original Mount McKinley National Park portion of the Denali, which was expanded by two-thirds in 1980.

12. British Columbia: A Grizzly Bear, a .44 magnum, and a brush with death  June 2010

Link to video on Youtube
He kept one hand on the tripod and drew the other to his holster, pulling out the gun he'd never had to use. The grizzly zigzagged toward him, roaring the whole time.

Mr. Lorenz lifted the gun and set it off, just four feet above her head. The shot was enough to startle the bear and make her turn in the opposite direction.

"This was something that she wasn't expecting, to get blasted in the face; that was enough to put a damper on killing me," he said. "If I didn't have the gun, I would have been dead."
13. Wyoming, Paint Creek, Shoshone Naitonal Forest, Bow hunter shot Charging Grizzly with .44 magnum, 2010

Paint Creek reenactment

A bow hunter reenacts for investigators how he fired a .44 Magnum revolver at a grizzly bear near Paint Creek in the Shoshone National Forest in 2010. Investigators followed a blood trail for half a mile, but could not located the wounded bruin.
14. Zanesville Ohio, escaped bear, duty pistol,  20 October, 2011 .40 caliber (from Muskingum County Sheriff's Office)


But soon, he was facing another, much larger, problem. His commanding officer told him a lion had been cornered back at the Thompson home. He headed back, but instead of finding a lion, he was confronted by an angry bear.

“The black bear turned in my direction and ran directly towards me,” Merry told ABC News. “I fortunately was able to pull my duty pistol, fired one shot, killing the animal instantly. The black bear fell approximately fell seven feet in front of me.”
(snip)

Fred Polk watched in disbelief as he watched the bear charge Merry and a lion leap over a fence into his yard about 5 p.m. Tuesday night.

“One of the bears charged the deputy and the deputy shot it. After that one of the lions jumped the fence come down here and the deputy shot it in my front yard,” Polk said.


15. Thorofare Country south of Yellowstone, Grizzly at 10 feet, .44 magnum and .357 magnum, September, 2013 (report from 2015)
Then at about 2:45 p.m., a collared boar grizzly identified as bear No. 764 came uncomfortably close. The group’s canister of bear spray was in a backpack by their horses. A warning shot went off, but the big grizzly didn’t turn back. “The bear stood up and growled, like something you would see in a movie,” an eyewitness later told investigators. From less than 10 feet away, the guide and camp worker drew their .44 and .357 magnum revolvers and together fired four times, ending the 17-year-old bear’s life.

16. AK: .45 vs 9-Foot Brown Bear (July, 2014), .45 semi-auto

Many people claim that handguns are useless for protection against bears.   Numerous examples have shown that this is a false notion.   Handguns may not be ideal as defensive weapons for bears, but they can be effective.  In a defensive situation, you have to use what is available.   In this case, a homeowner in Alaska used a .45 against a brown bear that was trying to get into his house on July 7th of this year.  He and his son were in the home.   He had scared off the animal with some warning shots just three hours before.


17. Glacier National Park: Bear first sprayed, then shot with a .357 (July 2014)

Murphy first sprayed bear spray at the bear when it was 15 to 25 feet away, firing one shot from his .357 revolver when the bear had approached to within 7-10 feet.  The bear was charging uphill at the time.     He only fired one round at the bear, which fell back and stopped moving when shot.   Many have suggested that he should have continued firing, but it is hard to argue with success.


18. Massachusetts: Handgun Defense against Black Bear (Nov 2014)

 WEST SPRINGFIELD - A Sikes Avenue man shot and killed a black bear with single pistol-shot to the head Friday night after it started to go after his small dog, police said. 

19. AK: Details on Charging Kodiak stopped with a .44 Mag Revolver (July 2015)
The bear was roughly 9 feet tall and started its charge at about 20 yards away. The man shot the bear by the time it moved half that distance, Svoboda said.

"It all happened in really tight quarters," he said. "He shot at it five times before it finally stopped and then once it was on the ground, it was still moving. So he shot it one more time and then it died."

20. Grand Teton National Park: Fisherman fires warning shots with .44 Magnum, Deters Bear Attack, August 15, 2015
According to the angler's report, he was fishing when he heard a noise behind him. He turned around to see three grizzly bears, one adult and two cubs, coming toward him. The adult bear stood on its hind legs, at which point the fisherman fired one shot into the ground to the side of the bear. The bears then turned around and departed the area. The fisherman noted that he was near the "worm hole" area of the Snake River located approximately three quarters of a mile downriver from the Jackson Lake Dam.

21. Idaho: Bear Attacked Bow Hunter, Could not Reach Bear Spray, Drove off Bear with .44 Magnum pistol shots,  31 August, 2015
The hunter reportedly was carrying bear spray, but apparently couldn’t access it when the attack occurred. Fish and Game officials said the man was able to scare the bear off after he tried to shoot her several times with a .44 magnum revolver pistol at point-blank range.

The archer sustained injuries to his hand and wrist, but hiked out under his own power and was transported by ambulance to Madison County Hospital in Rexburg.

22. ID: Bear Attack on Sleeping Man Stopped with a .45 Pistol (Oct 2015)

Steven Vouch reached for his gun when he realized he was being attacked, but it wasn't there.  That is when his friend shot the bear with a .45.  Vouch is on the left in the Cowboy hat.

23. AK: Guide Kills Attacking Grizzly with 9mm

In the last week in July, 2016, Phil Shoemaker had use a 9mm pistol to kill a grizzly that was threatening his clients and himself.  It worked.

24. AK: Successful Bear Attack Defense with .44 Magnum (Aug 7, 2016)

“We immediately found ourselves in a confrontation,” Kluting said. “She ended up turning around and for a split second we thought she would leave – but then she turned back and came at us full charge.”
Kluting fired off a warning shot into the creek. At that point the sow was 15 yards away.
“She ran through that without even flinching,” he said.
So Kluting aimed in the middle of the brown blur, now about 3 yards away.
“I barely had time to get the hammer back for another shot before she reached me,” he said.
She collapsed in the river about 5 feet – two steps – away from them.


25. AZ: Bow Hunter Uses Handgun to Stop Unprovoked Bear Attack In Sept, 2016

PAYSON, AZ - Authorities found two bear cubs after an archery deer hunter fatally shot an adult female bear with a handgun when it charged him in the Payson area.

26. MT: Father Uses .44 Magnum to Shoot Grizzly Bear off Son (Oct. 2017)

Dave had closed to within six feet of Rory and the bear. Not wanting to hit Rory, hoping to get the bear to release his son, he shot the bear in the hip.

It worked. The bear dropped Rory and spun toward him. His next round was meant for the bear's shoulder. The situation was dynamic. The 240 grain slug went through the bears neck.

With the bear coming at him, the bear's mouth was within two feet of his .44 Taurus when he fired the last shot. The bullet went alongside the bear's head, into its neck, penetrating the chest cavity.

27. WY: .45 Super Stops Grizzly Bear Charge (Oct. 2017)

The hunters jumped up and separated. The bear momentarily halted. Kelley fired a warning shot from his .45 Super. The bear moved away a little, behind some fire killed trees and brush, then came in again, fast. Kelly fired again, and the bear went down, rolled down slope and came to a halt, motionless.

Alaska Geologist Pistol Defense failure June 20, 2010, Grizzly Bear, .357 Magnum
Miller managed to pull out his .357 Magnum revolver and squeeze off a shot, possibly grazing the animal. Then he fell onto his stomach, dug his face into the dirt and covered his neck.

The bear went for his exposed right arm, gnawing and clawing it and chipping the bone off the tip of his elbow. The attack lasted 10 to 15 seconds, then the animal lumbered away.

As Miller rolled over and was getting to his knees, the bear, only about 40 yards away, came at him again.

He managed to fire two more shots, but with his right arm badly injured he thinks he missed the bear. Then he lay still as the animal gnawed and clawed at him.

After the second attack, Miller played dead again, lying still for three to five minutes. He tried to move and realized he couldn’t. He was too badly injured.

“I was just hoping my radio was still in my vest pocket and it was,” he said. “I got it out and started radioing mayday, which nobody answered.”
I suspect that successful bear defenses with a pistol are under reported, much like successful firearm defenses against criminals. If a predatory black bear is shot and runs off, there are strong incentives for the shooter not to report the incident.  Incidents where no human is injured are seldom considered news.  Predatory black bear attacks are the most common fatal black bear attacks in North America.  Only six of the pistol defenses listed above are defenses against black bears.  Black bear predatory attacks often give potential victims good opportunities to use a pistol effectively.

There are about as many black bear fatalities as there are grizzly bear fatalities. There are strong incentives to not report incidents with grizzly bears where neither bear nor person were injured. A personal friend told me of successfully backing off a grizzly in Alaska with .41 Magnum pistol fire. The incident was never reported and is not included in the list above.

Even in the age of the Internet, reports can become difficult to find after a few years. I recall an incident where an Alaskan State Trooper killed a grizzly bear with his duty pistol, while an associate with a 12 gauge shotgun did not fire. I have not been able to find that report. It may have been the 2013 incident where unarmed Thomas Puerta was killed and eaten. I am not certain.

If anyone has sources for that incident, or of others not recorded here, either successes or failures, please let us know.

Pistol defense failures against bears should be widely reported. When humans are injured by bears, it is news.

In this compilation of incidents, one was a failure. The .357 magnum was fired three times. The shooter was mauled after the first shot and after the second and third shots. It seems likely the shooter missed with all three shots. It is the only bear defense with a pistol, that failed, that we have found.

One failure out of 28 incidents is better than a 96% success rate for pistol defenses against bears.  Using a pistol to defend against bear attacks seems to be a viable option.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: 63-Year-Old Shoots Knife Man Attempting Break-in


A 63-year-old man, who hours earlier had given a 33-year-old homeless man food and money, shot him after he tried to break into his apartment armed with a knife, San Antonio police said.

The homeless man suffered a leg wound and was taken to University Hospital in fair condition, police said.

More Here

Followup IN: Domestic Defense, No Charges in Shooting Death of Jermaine Taylor



INDIANAPOLIS -- The Marion County Prosecutor’s Office has decided not to bring charges against a woman accused of fatally shooting a man on the north side.

Jermaine Taylor, 37, was shot and killed around 8 a.m. on Jan. 10 in the 2900 block of North Delaware Street.

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Jamaica: Car Thief Shot by Licensed Firearm Owner



A man who was allegedly caught stealing a motorcar is now admitted to hospital in critical condition after he was shot and injured by a licensed firearm holder, who is the owner of the motor vehicle, in Hanover Monday morning.
More Here

Thursday, January 18, 2018

Tennessee: Bill to Prohibit use of State Funds for Federal Gun Control Enforcement



Legislators in Tennessee have re-introduced bills in the House and Senate to prohibit state or local governments from using funds or personnel to implement or enforce any federal or international regulation of guns, ammunition, or accessories.  The bill is the same as one introduced in 2017.  The legislators even forgot to change the year for the bill's implementation. The Senate bill is SB0146, the House bill is HB1407. From the text of HB1407:
(1) On or after July 1, 2017, no public funds of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories.

(2) On or after July 1, 2017, no personnel or property of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories.
The ATF no longer requires a chief law enforcement officer sign-off for National Firearms Act tax stamps. The bill would not affect those. 

The Supreme Court has ruled that the Federal Government may not require state and local governments to expend resources to enforce federal law, in Printz v. United States (1997), under the Tenth Amendment. From justia.com, Justice Scalia writing:
(e) Contrary to the contention of JUSTICE STEVENS' dissent, the Brady Act's direction of the actions of state executive officials is not constitutionally valid under Art. I, § 8, as a law "necessary and proper" to the execution of Congress's Commerce Clause power to regulate handgun sales. Where, as here, a law violates the state sovereignty principle, it is not a law "proper for carrying into Execution" delegated powers within the Necessary and Proper Clause's meaning. Cf. New York v. United States, 505 U. S. 144, 166. The Supremacy Clause does not help the dissent, since it makes "Law of the Land" only "Laws of the United States which shall be made in Pursuance [of the Constitution]." Art. VI, cl. 2. pp. 923-925.
What would the downside, if any, be if this bill were to pass?

Would State officials be prohibited from running background checks, for issuing Tennessee handgun carry permits?  It is not clear the bill would affect background checks done to enforce Tennessee law.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch









Followup MN: Permit Holder Charged with 2nd Degree Murder, Claims Self Defense



On Wednesday, Weiss was charged with second-degree murder in the case and was held on $200,000 for unconditional bond and $75,000 for conditional bond just after 11 a.m.

According to the criminal complaint, Weiss told police in the moments just before the shooting that Rahim “got in his face” and spit on him before Rahim “grabbed at Weiss’ gun.”

Weiss said after that, he shot Rahim once.
More Here

NC: Shopkeeper Pulls Shotgun on Armed Suspect (video at link)



"My late father taught me many times, you have to protect yourself, you have to protect others, you have to be a good guy, you have to respect yourself. If that guy had gotten the money, I don't be able to respect myself," said Ahmed.

So as the man was distracted by someone outside, Ahmed pulled out a shotgun of his own, and the man bolted. He says that decision could have cost him his life, but at least he would have known he did the right thing. Even now, he says he would do the same thing.
More Here

MO: Armed Homeowner Shoots at Man Attempting Break-in



Officers say the homeowner shot at a man who tried to get into his house.

The man did suffer some injuries related to the break-in, but officers say he was not shot.

More Here

NY: Investigation of Police Illegal tactics on Gun Arrests



Some cops could be indicted for perjury and official misconduct, police sources said. The NYPD may transfer others or bring them up on departmental charges, the sources said.

“Our Public Integrity Bureau is investigating the allegations,” DA spokeswoman Patrice O’Shaughnessy confirmed.

The investigation focuses on the tactics cops used to recover guns. It has already had an impact on several criminal cases, with prosecutors dismissing charges against defendants or offering sweetheart plea deals.

“All of a sudden we were seeing heavy cases, felony cases, and right away the DA’s office is offering pleas to misdemeanors,” said a defense lawyer who asked not to be identified. “We knew something was up.”

More Here

CO: Bill Introduced to Repeal Colorado Restrictions on Magazine Capacity



Republicans in the Colorado Senate have introduced a bill to repeal the limits placed on magazine capacity in 2013. Here is the summary of SB18-052:

The bill repeals statutory provisions:
  • Prohibiting the possession of certain ammunition magazines; and
  • Requiring each of certain ammunition magazines that are manufactured in Colorado on or after July 1, 2013, to include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013.
The magazine limits were heavily contested by the Colorado Sheriffs who sued Governor Hickenlooper over the law. 

The lawsuit was eventually dismissed, because no one had been prosecuted under the law's provisions.

After the passage of the law, retailers and firearms owners quickly found ways to circumvent it, as opponents had predicted.

As of 2016, there were no prosecutions under the law, according to David Kopel, a firearms law expert. From the denverpost.com:
But Kopel also said no one has yet been prosecuted under the laws.

“The laws are unenforceable, and they haven’t been enforced,” he said.
The Colorado ban on magazines with a capacity of over 15 rounds only applies if the magazines were manufactured after 2013. Firearms magazines do not generally have serial numbers or dates of manufacture stamped on them. There are hundreds of millions of magazines in the United States in private hands.

Large numbers of modern firearms come with standard capacity magazines of more than 15 rounds.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch
















AZ: Armed Business Owner Shoots Armed Robbery Suspect.



PHOENIX - The Phoenix Police Department says a business owner shot a robbery suspect and held him at gunpoint until police arrived.
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Wednesday, January 17, 2018

DE: CCW, Domestic Defense, Man Points Pistol at Rival, Is Shot, Killed


UPPER DARBY >> A township man who was shot in the abdomen during an apparent domestic-related incident Monday night died a short time later in surgery, one week before his 25th birthday, Police Superintendent Michael Chitwood said Tuesday.

While circumstances involving the death of Seifuddin Collier remained under investigation, Chitwood said they have identified the alleged gunman and he is claiming self-defense. The superintendent did not release the name of the alleged 21-year-old gunman because he has not been charged with a crime.
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Followup TX: Accomplice Charged with Murder in La Bell Pizza Defensive Shooting

When the felony murder rule is invoked, the homicide will be coded as a murder, not a justifiable homicide, in the FBI Uniform Crime Reports

On January 9th, an employee shot and killed a man during a robbery.

During the investigation, detectives found 29-year-old Ruben Ryel Rios was also involved in the robbery.

Rios is in the Potter County Detention Center on a murder charge. Texas law allows people to be charged with murder if they take part in a crime in which another person is killed, even if they did not take part in the killing.
More Here

TX: Armed Homeowner Shoots two Teen Robbery Suspects



DALLAS (CBSDFW.COM) – Two juveniles are recovering from gunshot wounds after Dallas police say they tried to rob a homeowner.
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Tuesday, January 16, 2018

British Gun Turn-In: Heavy on Air Guns, Low on Ammunition

Some nice antiques on the table


Image from bristolpost.co.uk
 England promoted a national firearms amnesty/turn-in during 2017. In Bristol, 313 "guns" were turned in, along with a whopping 120 rounds of ammunition!

That is one round of ammo for every 2.6 "guns". I put "guns" in quotes, because only 186 of the 313 items were actual firearms. Most of those had no ammunition for them.  Here is the breakdown. From bristolpost.co.uk:

A breakdown of the guns handed in...

  • Flare 3
  • Shotgun 80
  • Rifle 25
  • Air weapon 96
  • BB gun 14
  • Pistol/Revolver 81
  • Starter pistol 11
  • Slaughtering gun 2
  • Stun gun 1
More than 35% of the guns (110) are air-guns (BB guns are air-guns).  That is a higher percentage than what I observed in Australia during the 2017 gun amnesty., in that country. The number of air-guns I saw during the Australia amenesty amounted to a bit more than 25%.

The ammunition turn-in at Bristol was underwhelming. I wonder how many actual firearms turned in might have been kept if the owners had ammunition for them.

The article shows how significant the lack of ammunition is. To create a scary hypothetical, the author has to dig deep.

A .38 revolver was turned in.

Separately, a bag of .38 ammunition was turned in:
“For example, a .38 revolver was surrendered and, separately, a bag of live .38 bullets. The two combined would have been a lethal weapon that could have fallen into the hands of criminals and caused significant harm or death.
The implication is that almost none of the guns turned in had ammunition turned in with them. That fits the given numbers.

The U.S. has over 400 million guns. No one keeps track, but during the four years of the .22 ammunition bubble, approximately 20 billion rounds of .22 ammunition was sold in the United States.  Most was stored, not shot. I do not have an estimate for centerfire ammunition, but it would be in the multiple billions of rounds.

It is not unusual for a single firearm aficionado to have 50,000 rounds of ammunition.  Private gun owners in the United States could easily possess a 100 billion rounds of ammunition or more.

The United States will not be following Australia or England anytime soon.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

WA: Gunfight Outside Bar, Attacker Killed, Customer Wounded



Snohomish County sheriff's investigators say a 29-year-old man left the bar, retrieved a gun from his vehicle and began firing shots in the parking lot, hurting one of the customers.

A 28-year-old employee at the bar who was armed and working at the time shot and killed the suspect.
More Here

SC: Legally Armed Customers Stop Attack at Car Dealership



ROCK HILL, S.C. —

A pair of legally armed customers at a car dealership stopped an attack in which a man threatened to kill employees and smashed vehicles with a pipe wrench, according to the Associated Press and a report in The State newspaper.

Aaron Hayes,16th Circuit assistant solicitor, said Alonzo Seegars was unhappy with the service at a car dealership in Fort Mill, and armed himself with a pipe wrench.

The State reported that Seegars threatened to kill a female employee and smashed three vehicles with the wrench Dec. 21 before two customers with concealed carry permits intervened and held him at gunpoint until deputies arrived.

More Here

TX: Gunfight,Employee Shoots Man who Fired at Bartender



Officers determined that a customer who became upset when the bar announced last call, got into an argument with a bounce, pulled out a handgun and fired several rounds, sending the bouncer running for cover.

Another bar employee witnessed the shooting, retrieved his own weapon, and shot the suspect repeatedly.
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Followup CA: Philp Norwood found not Guilty of Murder in Michael Davis Killing



A Kern County jury has found a 68-year-old Ridgecrest man not guilty of murder in the fatal shooting of a part-time employee who refused to leave his property.

The jury acquitted Philip Norwood of a charge of first-degree murder on Friday, and he has been released from custody, according to court records. He had faced 25 years to life in prison if convicted.

The trial began Jan. 2, after an earlier trial resulted in a hung jury, court records show.

More Here

ATF Arrests for 2014,2015,2016; Four Crimes, Tiny Numbers



In a recent Government Accounting Office report to Congress, most have focused on the firearm owners who refuse to commit crimes or fall for stings created by the ATF.  Buried in the report is a chart showing how incredibly few legal gun owners are arrested each year for gun violations.  

The chart shows the number of arrests made in three years, 2014, 2015, and 2016, for four crimes. The number of arrests are tiny, showing how law abiding gun owners are. 

The four crimes are these:

Dealing firearms without a license

Unlawful interstate transfer of firearms

Sale to prohibited individual

Prohibited person in possession of firearm

The chart below shows the numbers.





Dealing firearms without a license averages 107 arrests a year.  There are about 125,000 federal firearms licenses in the United States of various types. There are about a hundred million firearm owners (30% of the U.S. population).  The chances of a firearm owner being arrested for dealing without a license is roughly one in a million per year.

Unlawful interstate transfer of firearms averages about 18 a year. It is hardly noticeable.

Sales to prohibited individuals are in between, about 68 a year. Far less than 1 per million firearms owners.

These are only Federal arrests, not state arrests. Most states have a number of categories of prohibited possessors. These categories may differ significantly from the Federal categories.  Some states will mirror the Federal rules, some will not.

My suspicion is the vast majority of prohibited possessor arrests and prosecutions are done at the state level, but almost no state prosecutions are done for dealing firearms without a license or unlawful interstate transfer of firearms. Most states do not require a license to sell firearms.

There may be a significant number of state prosecutions for sales to prohibited individuals.  Some states have a prohibition on those sales. But the offense is hard to prove, while illegal possession is relatively easy.

Firearm dealers and legal firearm owners are extremely law abiding.

The numbers draw into question the rational for the gun control act of 1968. The large number of violations occur with people who are prohibited possessors, and that is a crime in most of the states, without federal law. 

When the Gun Control Act of 1968 (GCA 1968) was passed, crime increased. It was only after states started implementing shall issue carry permits that crime rates started to drop. Today, crime rates are back to the levels they were before GCA 1968 was passed.

Maybe we do not need a BATFE to regulate firearm sales. The ATF did not exist before 1972. They have a built a bad reputation since then.

Focusing on the weapon used is based on false assumptions about reality.

Weapons do not create crime or motives. It seems the number of guns in society have little to do with the number of crimes in society. To reduce the number of crimes, reduce the number of criminals, or keep them locked up and separate from the rest of the population.


Keeping weapons out of the hands of those prone to violence may do some good. As the arrests show, the most effective way to do this is to focus on the offender, in this case, the prohibited possessor.

Several programs have shown the removal of a small but very violent number of career criminals, can have a dramatically lower the homicide rate. Project Exile is an example.  David Kennedy is worth reading to show how it can be done.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

More on FL: Saintelus Shooting (car burglar in Broward County)


Saintelus was taken to Broward Health North medical center where he was pronounced dead.

Detectives were canvassing the neighborhood for witnesses and security camera video.

“We have found a number of residents whose vehicles had been burglarized,” Concepcion said. “[Saintelus] was found to be in possession of some stolen property that he retrieved from some of those vehicles.”
More Here

MN: Violent Confrontation after accident, 17-Year-Old Muhammed Rahim, Shot, Killed


A confrontation then ensued. Police say that according to eyewitness accounts, Rahim and the other 17-year-old got out of their vehicle and confronted Weiss. There was "some posturing and words exchanged," Sherwin said, and Rahim approached Weiss.

Weiss, who police say has a permit to carry a handgun, reportedly told Rahim that he was armed and suggested that they wait for the police.

At some point during the confrontation, Rahim was shot once. The weapon was a 9 mm handgun.
More Here

Monday, January 15, 2018

FL: Brother and Son of Resident Shoot, Kill, Burglary Suspect



Major crimes detectives interviewed Robert Jones Sr., who said after receiving a call from his sister about a possible burglary, he and his son — both carrying weapons — responded to the home and found an unknown male in the living room. He said Tackett was shot during that confrontation, the report states.

More Here

Sunday, January 14, 2018

FL: Car Burglar Attacks Owner, is Shot, Dies



Concepcion said Johnston then went inside his home and called the police, but when Saintelus moved on to his car, Johnston confronted him.

Johnston and Saintelus got into a fight, which ended with Johnston fatally shooting Saintelus, Concepcion said.
More Here

WV: 82-Year-Old Shoots, Kills Home Invader



Deputies with the Kanawha County Sheriff's Office tell WSAZ that in the early morning hours Saturday, an 82-year-old man was working in his garage.

Coker allegedly broke into the garage through a window and threatened the homeowner.

The homeowner shot Coker, according to deputies, killing him.
More Here

TX: Armed Man Feared Robber, pulls Gun, Moments Later Hears Shots



A witness who spoke with CBS 11 News said he and a friend were at a home across the street from the grocery store when two men approached them. He said they both feared they were about to be robbed so his friend pulled out a gun and the suspects raw away.

A short time later he said he heard gunshots, ran over to the store and found a man shot in the head and a woman who looked as if she’d been beaten on the head and face with a gun.
More Here


Saturday, January 13, 2018

AR: Justified Homicides Not Counted in Little Rock



Those who want a disarmed population make much of the few hundred homicides officially designated as such by the FBI. In the Uniform Crime Reports (UCR), about 300 homicides are reported as justified by private (non-police) actors in the United States each year. There has been considerable research to show the FBI number only catches about 20% of actual justified homicides.

A report out of Little Rock Arkansas illustrates part of the problem. The Little Rock Police Department has not been reporting justifiable homicides separately. They have simply included them with murders and non-negligent homicides.  They recently made the decision to report them separately.  From  apnews.com:
LITTLE ROCK, Ark. (AP) — Police in Little Rock have redefined what types of killings are included in the city’s homicide total in a move that will lower the annual tally that’s recorded.

Lt. Michael Ford tells the Arkansas Democrat-Gazette that justifiable homicides will no longer be included in the broader tally.
The police told the Democrat-Gazette the reason to change the reporting was to follow the FBI UCR reporting guidelines.  The Little Rock Police will now report some justified homicides that were not reported separately before. They will still be missing quite a few justified homicides.

If more than one person is involved in a felony, and someone is killed during because of the felonious actions, an accomplice can be charged with the killing. It is known in the law as the felony murder rule.

If an accomplice is charged with murder under the felony murder rule, the homicide is counted as a murder, even if the person who killed the criminal committing the felony was justified in doing so.  The Little Rock Police give us an example. From  nwaonline.com:
One example is the death of 20-year-old Mashon Jackson, who was killed by a single bullet in a shootout on Dr. Martin Luther King Jr. Drive on Jan. 8.

Investigators couldn't determine who specifically fired the shot that killed Jackson. The Pulaski County prosecuting attorney's office cleared the men who were involved on the opposite side of the shootout.

The two men police say were riding with Jackson that night -- Jerico Mosley and Tre'sean Freeman -- were each charged with one count of manslaughter in connection to Jackson's death and four counts of unlawful discharge of a firearm from a vehicle, online court records show. 

Jackson's death will be included within the city's homicide count because both Freeman and Mosley were criminally charged, Moore said.
This happens across the country. It is one reason the FBI UCR count catches such a small percentage of justifiable homicides in the United States.

The Little Rock Police said they will be reporting the number of justifiable homicides that the prosecutor decides not to prosecute. The justified homicides where the prosecutor decides to prosecute, but loses the case, or later, the appeal, will remain unreported or reported as criminal homicides.

When people tell you there are only a couple of hundred justified homicides in the United States in a year, you can tell them there are likely five times as many as are reported in the Uniform Crime Reports.


©2018 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch








Unacceptable Police Procedure- the Deadly Game of Simon Says by Rob Morse


Innocent civilians are at risk from the police. We’ve had egregious examples in recent months. This is how we can fix these broken police policies, and this is why it’s urgent.

-The police receive a report of a crime in progress. The report is a lie. The person on the phone with the police has made about 20 false reports. The police arrive at your home. It is the middle of the night and you hear yelling from outside. You walk outside to see what is going on. Voices from the darkness say they are the police. Multiple police officers give commands. The police are approximately 35 yards from you. You can’t see them or the police cars. All you see are bright lights and you hear voices. One policeman loses sight of one of your hands. Since you might be going for a weapon, you’re shot dead by police. This happened in Kansas.

-You hear a knock at the door in the middle of the night. You aren’t expecting anyone. You are a law abiding gun owner without a criminal record. You walk to the door armed. That is what self-defense experts, and even some police officers, suggest you do in this situation. A policeman sees you through the sidelights. He is outside your home and you are inside. The policeman sees your gun and shoots you dead. You never made it to the door. This happened in Florida.

These and similar incidents illustrate a dangerous pattern. The police treat possible threats as lethal threats. They then kill unarmed and innocent civilians without warning. The murder is often preceded by a lethal game of simon-says where the police issue commands until the innocent civilian makes a mistake and is killed. In several fatal examples, there were no actual threats of any kind to the police officers involved.

More Here

MI Gunfight: Marine who fought Home Invasion Suspect Charged with Multiple Felonies




WESTLAND, Mich. (WJBK) - A Detroit-area Marine was shot during an alleged home invasion - but he's the one locked up and facing charges.

Someone banged on the door, trying to force themselves into the home on Ackley Street in Westland. The family of Joey Nelson says that's what caused the active Marine to react.

"My son was where he was supposed to be - inside his home with his legally owned firearm," Steve Nelson says.

More Here

TX: Armed Employee Shoots, Kills Armed Robber, Accomplice Charged with Murder

This is another justified homicide that will end up in the FBI UCR as a murder, because the accomplice is charged under the felony murder rule.

AMARILLO, Texas -- Police say an armed pizza restaurant employee shot and killed one of two suspects who were robbing an Amarillo pizzeria.

Police say 29-year-old Ruben Rios and 36-year-old Clayton Morgan entered La Bella Pizza to rob it late Tuesday night.
More Here

Friday, January 12, 2018

FL: Sex and Gun Control in Florida Senate




Florida State Senator Anitere Flores (R-Miami) was a staunch Second Amendment supporter. She had a 100% rating with the NRA when she was a state representative.  She was elected to the Florida Senate, representing Miami, in 2016.  She was expected to be a key vote in the Florida Senate Judiciary Committee in 2017, supporting popular gun law reform legislation.

She surprised everyone by being the key vote to kill several gun law reform bills instead of aiding their passage.  From sunshinenews.com
Steube had a small victory when the Senate Judiciary Committee passed a bill which would allow concealed weapons permit holders to temporarily store their firearms in courthouses, but the victory was only short-lived.

Flores, a key vote on the Judiciary Committee, vowed she wouldn’t support Steube’s 10 other bills, which means they would have virtually no chance of making it onto the Senate floor.

Flores is one of five Republicans and four Democrats on the committee, so if she votes against bills and all Democrats vote in lockstep, Steube’s gun bills would be sent to their graves early.
It seems Second Amendment Supporters are not the only people Senator Anitere Flores has betrayed. Her husband is the latest in line. She has admitted to an affair with Senate Minority Leader Oscar Braynon.   From sun-sentinel.com:
Two South Florida state senators went public Tuesday to acknowledge their extramarital affair as the Florida Legislature convened under a cloud of sexual impropriety that has distracted lawmakers for months.

Their statement came after a website posted video purporting to show state Sen. Anitere Flores, R-Miami, entering and leaving an apartment rented by Senate Minority Leader Oscar Braynon, D-Miami Gardens.
Flores was rumored to be considering a run for Mayor of Miami this year. Miami is a heavily Democrat city. It is unknown if Flores' affair will harm or hurt her chances of being elected Mayor.  It is unlikely she would win a Republican primary.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Followup CA: Employee Wounded in Pawn Shop Arson, Gunfight, Dies



A San Bernardino pawn shop employee wounded in a shootout with two armed robbers Wednesday afternoon has died, San Bernardino police officials said Thursday, and police are looking for witnesses to help find the shooters.

Jason Cullen, 32, of Highland was shot and fatally wounded in the robbery attempt just before 1 p.m. Wednesday, Jan. 10, at the pawn shop at 2601 Highland Ave. in San Bernardino. Police had previously identified Cullen as a pawn shop employee.

More Here

IN: Homeowner Confronts Car Burglar, Fires Shot



The resident of the South Lake at The Reserve neighborhood called police at 12:18 a.m. Wednesday. He told officers that he saw a person entering his vehicle on Vista Way and confronted the suspect, who got out of the passenger side of the vehicle and reached for his waistband as if he was reaching for a weapon, a Greenwood police report said.

That prompted the homeowner to fire a shot from his handgun, police said. The suspect ran between houses.
More Here

FL: Armed Father Holds Intruder at Gunpoint for Police



Clint Aiden says his son noticed the intruder come into their home and creep upstairs into his daughter's room.

Police have identified the suspect as Robert Cash. Aiden says his entire family was home at the time, including his wife and two other daughters. He says his one daughter ran outside with his son, and his other daughter locked herself in the bathroom while his wife called police.

"I retrieved one of my handguns and then walked upstairs to see what was going on," Aiden said.

Aiden says he found the intruder inside his daughter's room wearing nothing but his underwear.
More Here

TN: Former Employee Shoots up Place, Driven off by Gunfire



Police said another employee at the Resolutions Inc. fired his weapon in retaliation, but Kirby wasn't hit. A third employee was struck in the chin by one of the ricocheting bullets. The wound was confirmed to be minor. He was treated at Skyline Medical Center.

The suspect ran from the building to a nearby Dollar General store and was found hiding in a storage area. Metro Police spokesperson Don Aaron said he never threatened SWAT officers and acknowledged that he was hiding there. His pistol was recovered from beside him.

More Here

Harris Brings Anti-Gun Stance to Judiciary Committee


The senator will bring her lawlessness as California attorney general to judicial nominee vetting.

There are two new Democrats on the Senate Judiciary Committee, and neither one shares an affinity for the Rule of Law. This week Senators Kamala Harris and Cory Booker joined the committee, which “handles judicial nominations and appointments to the Justice Department,” The Washington Post explains. But it’s Kamala Harris in particular who should most alarm originalists. For example:

Harris spent six years as California’s attorney general, a position she utilized to crack down on gun ownership. She oversaw Gov. Jerry Brown’s 2013 firearms proscription in which $24 million was set aside for the purpose of impounding guns. According to a Los Angeles Times report at the time, state officials’ justification for doing so was “to clear the backlog of weapons known to be in the hands of about 20,000 people who acquired them legally [emphasis added]. They were later disqualified because of criminal convictions, restraining orders or serious mental illness.”

She also advocated for additional firearm restrictions, writes Reason’s Brian Doherty: “As attorney general, Harris tried to ensure that people couldn’t get carry permits for weapons in California merely for reasons as petty, to her mind, as that they felt they needed one. She has fought in court to ensure that only police officials should be able to decide whether a citizen can defend himself outside his home.”

Harris prefers to use emotional upheaval to advocate policy prescriptions. In reference to the Sandy Hook massacre, she stated: “They should have closed the chambers of Congress, on the House and the Senate side, and said, ‘All you members go in there, only you, and spread out the autopsy photos of those babies,’ and require them to look at those photographs. And then vote your conscience.”

And according to Doherty, “Harris is so uncomfortable with the Second Amendment she’s willing to jab at the First Amendment while hobbling it, as shown by her support as California’s attorney general for a state law restricting how handgun sellers can advertise. She so delights in pettily bedeviling gun owners that her department in California tried to enforce restrictions on how many guns could be purchased per month by those who hold certain special collectors’ licenses even though both the letter of the law and previous practice said they were exempt, and stuck to her lack of principle on the issue until she got sued over it in 2014.”

The role of the Senate Judiciary Committee should be to recommend nominees who abide by the Rule of Law regardless of their personal whims. Harris is completely the opposite — she will support nominees who abuse their roles just like she did in California. Her name is being highlighted as a possible candidate for the 2020 presidential election (as is Booker’s). The only thing that could be worse than elevating her to the Judiciary Committee would be putting her in the nation’s highest office.


https://patriotpost.us/articles/53367





Thursday, January 11, 2018

Massachusetts Dog Attack Shows need for Home Carry


Image fromnecn.com

A father in Massachusetts was horrified when the family pet pit bull attacked his one year old daughter. He initially retrieved a pistol to shoot the dog, but the pistol was unloaded.  Firearms stored in the home are required to be locked up in Massachusetts. From boston.com:
The Boston Herald reports that according to Falmouth police the child was playing in the kitchen Sunday morning when the family pit-bull terrier attacked her, biting her in the face causing major trauma.

The father tried to pull the dog off but couldn’t.

Police said the father got a pistol from a nearby room, but realized it wasn’t loaded.

He then grabbed a knife and started stabbing the dog, which was fatally injured.
The Massachusetts law is claimed to be constitutional, because you can carry the firearm on your person or under your control. If it is in one of those conditions, you are not violating the law. If a minor has access to the firearm , it is another violation of Massachusetts law.

Fortunately, the father was able to access a kitchen knife and kill the dog, stopping the attack. The one year old was taken to the hospital.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Followup OR: No Charges for Angela Slabaugh in Defensive Shooting of Half-Brother



Witnesses told police, Ryan forced his way through the front door and walked towards Slabaugh with his arms raised and outstretched like he was going to choke her. Slabaugh fired a .45 caliber gun at Ryan, police said, as she feared for her life.

Slabaugh did have a valid concealed handgun permit and acted in self-defense, according to the DA's office.
More Here

15% of Illegal Guns in Brazil Come Originated in the United States

It would be worth knowing how many of the seized guns were made at home or in small shops.

Roughly 1,500 guns originated in the United States out of a study of more than 10,000 arms seized by police since 2014, mostly in Rio de Janeiro, the December 2017 report said, although the guns often travelled through a third country before arriving in Brazil.

Guns from the United States tended to be assault rifles and higher caliber handguns, while guns already circulating in Brazil or arriving from other countries skewed toward smaller handguns.

"The US continues to be the largest indirect source of illegal handguns and assault rifles as a result of unrestricted sales in stores and fairs in American cities," the report said.

OK: Domestic Disarm, Suspect Disarmed, Shot by Employee




"He just comes in and walked over to his wife," Oman said. "Then she started to say 'No, no Bill, somebody call the police, call the police!' I ran down the hallway then and went out the back and got one of the guys, and one of the guys then called 911, but before I did that I heard a gunshot."

Police said the suspect shot an employee who tried to intervene.

Then, another employee tried to stop him, engaged him in a struggle, and shot him with the suspect's own gun.
More Here

Wednesday, January 10, 2018

MN: Charges Dropped against Paul Jason Allen in Rochester, Self Defense Cited


Paul Jason Allen was involved in a verbal altercation on 19 May, 2017. He says three men in a truck drove past him while he was crossing a street at the intersection. They say he stood in the street and prevented them from passing, then yelled at them, including something about their mother.

All agree the truck stopped, and the three men exited the vehicle. One of the men grabbed a rake from the truck and chased Allen. Somewhere in the process, Allen produced a knife. Three to one is clear disparity of force, so Allen could be justified in producing a deadly weapon. A rake could qualify as a deadly weapon.

It may not matter if Allen stood in the crosswalk and blocked the truck, or if the truck drove past him in an unsafe manner. What matters is the three men in the truck exited the vehicle in order to escalate what had been a mere verbal altercation. Calling the three men the "victims" was premature on the part of kaaltv.com.  From kaaltv.com 
The three victims said they were in their truck and stopped when they saw the other man crossing the street at 14th Street and 11th Ave NE. The victims said they stopped and were waiting for the man to cross when he stopped in the middle of the crosswalk and started yelling at them. He allegedly yelled "something about their mom", so the three men got out of their truck.
When they got out of the truck they say the suspect, who police have identified as 43-year-old Paul Allen, pulled a knife on them so they backed away. One of the men said he grabbed a rake out of his truck. 
Disparity of force is a concept in the law that allows use of a deadly weapon to defend against others, when the others may not have a weapon. The concept includes multiple attackers, larger, stronger, and younger assailants, and martial arts training/expertise.  Some assailants are a deadly threat because of factors other than their possession of weapons.

The County Attorney appears to understand disparity of force. An important datum is that the truck occupants escalated the situation by stopping and getting out of the truck. From kimt3.com:
Allen was accused of 2nd degree assault but that charge has been dropped. Olmsted County Attorney Mark Ostrem says Allen notified the court he was planning to claim self-defense and, after further investigation, it was decided they could not refute that claim beyond a reasonable doubt.
Words are not considered sufficient justification for the use of force, unless they are accompanied by actions that a reasonable person would perceive as a physical threat.

In this case, charges were dropped against Allen, and no charges where brought against the occupants of the truck.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TN: Man Charged with Aggravated Assault for Shooting at Car Thieves



He told authorities he was helping his child get dressed as he waited for his car to warm up outside. That's when he heard a car door slam and rushed outside to find one man sitting in the driver's seat.

Thomas reportedly fired three times at the vehicle as the suspect began to back away.

The attempted crook surrendered and was held at gunpoint until police arrived.

A second suspect fled the scene.


More Here

TN: More on Disarm, Shooting of Invader in Orange Mound


A man is dead after trying to break into someone's home and being shot by the homeowner.

It happened around 4 p.m. in Orange Mound at the intersection of Jolson and Pendleton.

The normally silent block of Jolson was a maze of crime tape Thursday after two suspects tried to get into one man’s home.

“One [suspect] had a gun. The homeowner attempted to take the gun from the suspect, while wrestling over the gun, the suspect was shot,” Major M.D. Lawrence.

Neighbors in the area say the person killed was a teen.
More Here

GA: More on Gwinnet Home Invastion where Invador was Killed



According to police, the homeowner, identified as 25-year-old Antonio Rosales, was sleeping when he heard a crash through the back door and grabbed a gun.

As Rosales investigated, he saw three men in his home, Cpl. Frederick Saldana said.

The men exchanged fire with Rosales, who was shot in the leg twice, according to officials.

The intruders ran from the home, and two of them got away in a vehicle. Terrell was later found dead in a neighbor’s yard, Saldana said. The other two intruders have not been identified.
More Here

Tuesday, January 09, 2018

KY: Bowling Green Eliminates Gun Ban in City Buildings


 On 2 January, 2018, the City of Bowling Green, Kentucky finalized an action that repealed the city ban on the carrying of concealed weapons in city buildings.  The video of the Commissioners meeting can be seen here.

Commissioner Nash (sunglasses on top of head, tie, second from left) was the lone dissenting vote. From bgdailynews.com:
Bowling Green city commissioners approved in a 4-1 vote Tuesday lifting a ban on carrying concealed weapons in city buildings.

Commissioners previously voted 3-2 on Dec. 19 to eliminate the portion of a city ordinance that prohibits the carrying of concealed weapons into city buildings. With little discussion, the motion was finalized Tuesday.

When the motion was presented, Commissioner Rick Williams clarified that Kentucky law still prohibits the carrying of concealed weapons into meetings of governing bodies, such as city commission meetings.
The change was precipitated, in part, by city employees who wished to be able to protect themselves during work hours. The vote continues a trend to restore the right to bear arms in government buildings and for government employees.

Kentucky is not alone in restoring the right to be armed to public employees at work. Virginia and Georgia counties restored the right in 2016.  Local government employees have regained their rights in Kansas, North Carolina, Michigan, and Texas.


Local bans are being lifted by local govenment officials, and are not state wide.
Most of the bans were imposed during the Progressive era, on the general principle of "guns are bad".

With the success of shall issue concealed carry permit laws across the nation, that trend has been discredited and reversed.   Several states have passed laws to insure that employee second amendment rights will be respected during travel to and from the job, by insuring that employees can have legally owned firearms in their vehicles on company parking lots.

Many private companies now allow or even encourage their employees to be armed.  Some of the last bastions to prohibit their employees from exercising their second amendment rights on the job have been federal, state, and local governments.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch






IL: Armed Robber Shot, Killed by Armed Victim



The younger man walked up to the older man about 5:45 p.m. in the 5500 block of West Thomas, pulled out a gun and demanded his property, according to Chicago Police.

The 58-year-old, a legal gun-owner, pulled out his own weapon and shot the attempted robber in the back of the head, police said.
More Here

GA Gunfight: Three Home Invaders, One Killed, Armed Defender Wounded



GWINNETT COUNTY, Ga. - Gwinnett County police are searching for two men after a deadly shootout.

Authorities said it happened on Cainbridge Drive in Lawrenceville around 3 a.m. Monday. Police told Channel 2’s Rikki Klaus an armed homeowner found three men inside his house.

Police said the four men exchanged gunfire, then the suspects ran. One of the men collapsed and died in a neighbor’s yard.
More Here

AZ Gunfight: Bystander at Raspado Shop hit, killed



Witnesses told police that a Hispanic man robbed the cashier with a handgun, before taking off with money.

An armed customer confronted the suspect as he was leaving.

Multiple shots were exchanged between the customer and the suspect.

The customer's father, 61-year-old Anthony Quintela, was hit by the gunfire. He was transported to Banner-University Medical Center where he died shortly after arriving.
More Here

TX: Off Duty Constable Fires with Attempted Disarm by Car Burglar Suspect


The man did get out of his vehicle but started walking away from the deputy.

The deputy eventually followed the man. When they got close to each other, the man raised his arms and pushed the deputy's weapon away which caused it to discharge upwards in the air.

Both the deputy and male suspect were not hurt from the gunfire.More Here

Monday, January 08, 2018

2017 2nd Highest National Instant Check System (NICS) Numbers on Record




The first year of the Trump era National Instant Check System (NICS) has ended with the second highest number of NICS background checks on record. There were 2,586,138 NICS checks in December of 2017. There were 25,235,215 NICS checks for all of 2017. The only year to surpass 2017 was 2016, with 27,538,673, when Hillary Clinton was widely considered a shoo-in to be the next president. The next highest year was 2015, with 23,141,970

That is a drop of 9% from 2016 to 2017. It is 9% higher than the numbers from 2015. The 2015 numbers are now the third highest NICS numbers on record. December's numbers alone were the fourth highest December on record, behind 2012, 2015, and 2016.

Based on performance from the last few years, one hundred NICS checks result in an increase of the private firearms stock in the United States by 56 newly produced or imported firearms.

NICS checks are used for more than purchasing new firearms. They are also used to purchase most used firearms. There are 400 million of those in the United States. They are used to do the background checks for new and renewed carry permits all over the United States. Kentucky runs a background check on every carry permit in the state, every month. Multiple purchases of firearms by one person at one time only takes one NICS check. In one half of the states, there is an alternative to the NICS check. People who have a carry permit, which required a NICS check to begin with, are not required to have another NICS check done for firearms that they purchase in those states.

Because of these other uses for NICS checks, about 100 NICS checks are done for each 56 new firearms that are added to the private stock in the United States.  The ratio is slowly being reduced as more and more uses of NICS are added. A few years ago, 60 new firearms were added to the private stock for each 100 NICS checks.

At the 56 firearms per 100 checks ratio, over 14 million firearms have been added to the private stock in 2017. The number of private firearms in the U.S. is now approximately 418 million .

The reduction from the overheated firearms market that existed in 2016 is significant. NICS checks dropped by 9%. With that drop, prices of guns and ammunition have also dropped.  .22 ammunition is being seen on shelves where it had been mostly absent for 4 years. Bargain prices for modern sporting rifles such as AR-15 clones and good quality pistols have kept the overall numbers from dropping further.

2017 was still the second highest year on record. The pace of firearm sales in 2016 could not be maintained forever. A readjustment was necessary, and it has happened.

In a year and a month or two, we will know just how many firearms were added to the private stock in 2017. The ATF is not allowed to release the actual manufacture, import and export numbers for a year, by law. That is to protect the private property rights that exist in the numbers that the manufacturers release to the ATF.

The ATF numbers are how the ratio of NICS checks to actual firearms added to the private stock are calculated.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



GA: Armed Robber Shot During Craigslist Sale



“Basically, the person who got shot, (Holmes,) produced a firearm to rob the victim, but (the victim) jumped out of his vehicle and shot back, hitting (Holmes,)” Seay said. “It turned out that the guy who got shot wasn’t the victim, but actually the offender. He and his cousin (Smith) were arrested and the victim was not charged.”

Holmes and Smith were charged with armed robbery, aggravated assault, possession of firearm during the commission of a felony and obstruction of justice for lying to police about what happened.
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NV: Fatal Shooting at Parking Spot Investigated as Self Defense



UPDATE 9:30 A.M.: Las Vegas police now say there is no arrest in this case at this time and it is being investigated as self-defense.

ORIGINAL STORY

Las Vegas police say a suspect shot a victim with a shotgun over an argument about a parking space.
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Followup PA: More on Decision to not Prosecute Weimert Shooting



At issue was the killing of James R. Weimert on Nov. 12. Investigators said Weimert was shot by Michael Yeaple during a fight after their vehicles collided at East Philadelphia and North Pine streets.

At least one witness described the shooting as a case of self-defense.

In a statement from its spokesman, Kyle King, the DA's office said it was basing its decision not to prosecute on a review of the police investigation, along with statements from officers and eyewitnesses, on cell phone video of the incident and on ballistics and medical reports.
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MI: 75-Year-Old Deli Owner Shoots Robbery Suspect



DETROIT (WJBK) - A suspected robber tried to hold-up a Detroit deli but the owner fights back grabbing his gun to defend his store and his wife.

It happened at Teenie's Deli about 4 p.m. Thursday on Seven Mile, when 75-year-old Johnnie Christopher was working in the back of the diner and his wife at the front.

"You have to act, you can't react," said Christopher. "You have to act. Bop, just like that."
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Sunday, January 07, 2018

Governor Tom Wolf: Pennsylvania will not Take Medical Marijuana user's Guns




Pennsylvania is struggling with the legalization of medical marijuana and the Federal prohibition of marijuana use. The state police have quoted federal law as prohibiting people who legally use marijuana under state law, from purchasing firearms under federal law. Medical marijuana users may be denied a Pennsylvania license to carry firearms. From the Pennsylvannia State Police website:
If you are holder of a Medical Marijuana Card, it is important that you know:

• It is unlawful for you to attempt to purchase a firearm under Federal law and you will be denied during your Pennsylvania State Police background check, due to prohibitions under 18 U.S.C. § 922(g)(3).
• It is unlawful under federal law for you to keep possession of any firearms which you owned or had in your possession prior to obtaining a medical marijuana card, and we recommend that you consult an attorney if you have any questions about your firearms.  Again, this is due to prohibitions under 18 U.S.C. § 922(g)(3).
• It is also unlawful for you to apply for, possess or renew a Pennsylvania License to Carry Firearm (LTC), because you are “[a]n individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.” (see above).  The sheriff should not process your application if you truthfully indicate to the sheriff that you are the holder of a Medical Marijuana Card.  Additionally, you will be denied during the Pennsylvania State Police background check, which occurs as part of the LTC application or renewal process. 
An earlier statement, suggested medical marijuana users should give up their firearms. CBS reported this statement was on the Pennsylvania State Police website.  From cbslocal.com:
“It is unlawful for you to keep possession of any firearms which you owned or had in your possession prior to obtaining a medical marijuana card, and you should consult an attorney about the best way to dispose of your firearms.”
The above statement is no longer found on the State Police web site. Governor  Tom Wolf has reassured Pennsylvania gun owners that Pennsylvania police will not be seeking medical marijuana users to confiscate their guns. From wesa.fm:
According to the governor, the Pennsylvania State Police do not advise that if people receive medical marijuana they get rid of their guns. However, if they have questions about gun ownership and applying for medical marijuana, they should consult with their attorneys.

The one thing Wolf was clear on is that the state will not be seeking out those who already own guns.

“We’re not going to take their guns away," Wolf said.
A worrisome possibility is that the database of medical marijuana users could be introduced into the federal National Instant Check System. The medical marijuana users could be tagged as prohibited possessors. If a background check was run on an individual who was on the list, they would show as a prohibited possessor.

It seems unlikely that while Governor Wolf is in office, the Pennsylvania government would turn over the database of medical marijuna users. But digital databases are easily mover around. A future Pennsylvania government may not be so sensitive to privacy issues.

The issue of medical marijuana and prohibited possessors is not going away. The rational thing would be to reform the federal law, and reduce the categories of prohibited possessors to those who have committed violent crimes.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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