Indiana Judiciary Committee Guts Constitutional Carry Bill (Opinion)

Indiana Capitol 

What follows is this correspondent's view of what happened at the Indiana Senate Judiciary Committee hearing and vote on February 23, 2022. The hearing was on HB 1077, Constitutional Carry. There were about eight hours of testimony at the hearing. This correspondent did not watch all of it. The impressions gained by watching a couple of hours of the hearing, and the votes, have been supplemented with comments from the Indiana Gun Owners Forum, where members watched most of the hearing and votes.

The Chairman of the Senate Judiciary Committee, Liz Brown (R) was openly hostile to the bill. The Judiciary Committee was where Constitutional Carry was killed in 2021. The committee hearing was orchestrated to create publicity and cover for Republicans to kill the bill. Chairman Brown was openly more favorable to the three Democrats on the Committee than to the Republicans.

The opposition appeared to have been given prior warning when the committee would be held. The hearing was packed with opposition. Several officers from Wayne, Indiana testified. The impression was the opposition was given plenty of notice to prepare and be ready for a Wednesday afternoon hearing, before the hearing was officially announced. Both sides were represented.

This correspondent did not see much of the testimony in favor of the bill.

Indiana State Police superintendent Doug Carter testified against the bill. Carter was appointed to the position by Indiana Governor Holcombe (R) From indianagunowners.com:

To sample some of the egregious comments by Indiana State Police (ISP) superintendent Doug Carter, he attacked the legislative process in IN because a bill came forward that he dislikes and that we allow public comments that he disapproves of, attacked the republican party for being a super majority and claimed that the committee was stifling the minority despite Democrats asking question after question of those testifying and he also stated “We are all guilty until we prove our innocence.“ Doug Carter is not a person who is concerned with the welfare of the residents of Indiana or of your constituents like me. Carter and those opposed to this legislation as intended do no respect our civil rights like those affirmed in Pinner V. State (2017).

Several officers from Fort Wayne, Indiana testified. They claimed they did not have access to the FBI NICS system to check if a person is prohibited from possessing a firearm or not. The impression was given the problems common in Fort Wayne were representative of the entire state, which appears to be inaccurate.

One officer claimed a two week wait for a permit was not a significant impediment to exercising the right to bear arms.

Another (Fort Wayne officer?), Officer Goodman, said he commonly did not carry while off duty. He claimed more people carrying would create more danger.

The three Democrats on the committee came across as ignorant of existing Indiana gun law, constitutional rights, and police procedure. Their ignorance was embarrassing.

Chief Steve Reed, City of Fort Wayne Chief of Police, speaking for Indiana chiefs of police, and others, testified against the bill. He said, everyday his detectives are fighting this war on guns. He was uninformed when asked about what happened in other states. His ignorance was embarrassing for a Chief of Police.

These numbers may not be precise, but as recalled, a Fort Wayne police officer testified 147 people were arrested for illegally carrying firearms. However, 800+ handguns were confiscated during the same period (2021?)

147 arrests. 800+ handguns confiscated. The math does not add up. Is there an issue with the legalized theft of handguns in Fort Wayne, Indiana?

Edward Merchant, representing the Fraternal Order of Police, testified in strong opposition to the bill. He claimed, if Constitutional Carry passes, officers will have *no tool* to enforce the law against felons and misdemeanor domestic violence offenders.

Felons and misdemeanor domestic violence offenders who illegally possess firearms are often arrested in states which already have Constitutional Carry.

A representative for the Indiana Prosecuting Attorney Counsel (IPAC) testified against the bill. She used highly selective data to lie with statistics about the effects of Constitutional Carry in other states.

She only cited states that passed Constitutional Carry in 2019, just before the spike in crime and attacks on police, created by the BLM movement, Leftist riots, and the defund the police movement. She claimed Constitutional Carry resulted in more attacks on police officers.

This is classic lying with statistics. It is highly unethical. When people limit the data, they do so for a reason. The reason is not science. It is partisanship.

It appeared no testimony about other states experience either by experts or by officials in those states, was allowed. John Lott did not testify, for example. The timing of the committee hearing might have been designed to prevent such testimony. From indianagunowners.com:

Last night, the Senate Judiciary Committee made an 11th-hour change to the bill to strip it of its intended purpose, mostly based on emotionally manipulative testimony and junk data. One primary claim of the law enforcement officers who oppose this bill is that the removal of the licensing system will endanger officers. There is no data to support this. The data that does exist shows no conclusive trend across states and in fact no statistically significant difference for the states that have passed permitless carry. The answer is rather simple: Criminals don’t abide by licensing schemes. Murderers, rapists, and gang members do not concern themselves with the small penalty of carrying unlawfully (but the current scheme’s standards) compared to their actual crimes.

The Chair, Liz Brown (R) offered a series of amendments designed to destroy the bill. The amendment which the sponsor of the bill said "gutted the intent" of the bill passed 6 to 5.  Two other Republicans joined with the Chair (Liz Brown (R), and the three Democrats, to "gut the bill".

The amended (gutted) bill was voted on. It passed unanimously, 11-0 at about 8:24 p.m. The opposition voted for it because it was gutted. The proponents voted for it in the hope it could be restored with an amendment in the full Senate. It was the only way they could get it out of the Judiciary Committee, chaired by Liz Brown.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

FL: Curtis Reeves Found Not Guilty of all Charges (Media Narrative was False in Theater Shooting)

The retired police captain spent several hours on the witness stand Thursday, telling a Pasco County jury about what he says happened the day he shot Oulson in the theater.

He also testified about his career in law enforcement. Reeves helped establish the SWAT team for the Tampa Police Department and ended his career as the head of security for Busch Gardens.

He told the jury he had never drawn his weapon and shot anyone in his years of service as a police officer and says he never encountered rage from anyone the way he did from Oulson the day of the shooting.

“This is great,” Curtis Reeves said after walking out of the courthouse a free man. “It’s been a long eight years and I couldn’t wait for it to be over with. I’m very proud of my team of lawyers here that did a fantastic job in bringing out the truth.”

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Breaking: Indiana Senate Judiciary Committee Hearing on Constitutional Carry 23 Feb

The Indiana Senate Judiciary Committee has scheduled a hearing for Wednesday, February 23, 2022 on HB 1077, which is known as the Constitutional Carry bill in Indiana. The hearing will be in Room 130, starting at 1:30 p.m. 

The Senate Judiciary Committee is where Constitutional Carry in Indiana was killed in 2021, after being passed by the Indiana House on a  65 to 31 vote. In 2022, Constitutional Carry passed the House 63 to 29, virtually the same margin of two to one. 

Eight members of the Judiciary Committee are Republicans. They are Liz Brown (R), Chairman; Eric Koch (R), Ranking member; Mike Bohacek, (R), James Buck (R); Arron Freeman (R); Mike Gaskill (R); Susan Glick (R); Michael Young (R).

Two, Eric Koch and Michael Young are bill sponsors for Constitutional Carry.

Three members of the Judiciary Committee are Democrats. They are Lonnie Randolph , Ranking Minority member; Timothy Lanane (D) and Greg Taylor (D).

There are 39 Republican members of the Senate and 11 Democrat members of the Senate.

If Constitutional Carry is passed out of the Judiciary Committee to the Senate, it will likely pass the Senate. 14 Republican senators would need to vote against it to stop it.  It is more likely a couple of Republican senators will vote against it in the Judiciary committee, thereby limiting the exposure of senators to just a couple. Two of the Republican Judiciary Committee members are sponsors of the bill. They are unlikely to vote against it. 

The bill needs four more votes to pass out of the committee. Alternatively, three Republicans will need to join with the Democrats to stop the bill in the committee.

It is not clear if a committee vote on the bill will be held on Wednesday. More hearings and testimony might be called for.

Last year, the Judiciary Committee was used to kill Constitutional Carry. in a week, we should know if the same committee will be used to kill the bill in 2022.

It is difficult for Republicans to vote against the bill, as there have not been adverse effects in 20 states which have restored Constitutional Carry. However, many police chiefs and some sheriffs, and State Police are useful in providing an excuse not to pass the bill. 

It is not easy to know who is being used by who in these circumstances. 

In general, those who work the system full time have more influence. The state legislatures in Indiana are part time and their time is divided among hundreds of bills. Law enforcement administrators have divided time as well; however they only need look at a few bills. It is likely law enforcement has an strong influence on the legislators. 

 Some police administrators who lobbied against Constitutional Carry in Indiana are: 

State Police Major Mike White. 

The immediate past president of the Indiana Association of Police Chiefs,  Kendallville Police Chief Rob Wiley.

Indiana State Police Major Rob Simpson. 

Hamilton County Sheriff Dennis Quakenbush spoke in favor of Constitutional Carry. From wthr.com:

"This right is a God-given natural right, not one given by the government. The government should not be your plan for self-defense. It's your responsibility to protect yourself, your families, your loved ones as well as your neighbors," said Hamilton County Sheriff Dennis Quakenbush.

Opinion: 

In general, Sheriffs are more likely to favor Constitutional Carry. They are elected directly by the people. 

Police are a step removed. Police chiefs are hired by Mayors or City Administrators or City Councils. Police chiefs do what the people who hired them want them to do.

State police can generally be counted on to do what the Governor wants them to do.

Federal officers do what the deep state wants them to do. As seen with President Trump, those at high levels in the bureaucracy believe they decide who may be elected, not the other way around.

 

NC: Followup, Shooting of Hiram Jay Willets was Justified by Self Defense

BOILING SPRING LAKES, N.C. (WECT) - After a review of the evidence, the North Carolina State Bureau of Investigation determined the shooter was “legally justified in using deadly force under the theory of self-defense” in a fatal shooting that occurred in Boiling Spring Lakes on Jan. 6.

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May 28, 2016, Shed Antler Collecter with .40 Against sow Grizzly FOIA

Grizzly bear in tree, by Troy Nemitz 

 This is another in a series of self defense against bear events uncovered in a Freedom of Information Act request done by AmmoLand. It seems they have not been published before. 

At about 10 a.m. on the morning May 28, 2016, a father-son pair of shed antler collectors were searching for antlers in the Bear Creek drainage of the Shoshone National Forest, about 16 miles northeast of Dubois, Wyoming.

The father and son had separated. The father went up a draw, and the son went up a side hill to a flat bench.  The son had reached the the top of the bench when he saw a "brown flash" in the tree line above him. He thought his father had probably flushed an animal out of the draw. As he looked at it again, he realized it was a grizzly bear, and it was running toward him.

The son yelled at the bear and drew his Springfield sub-compact. He did not have a round in the chamber.  The Springfield comes with a 9 round and a 10 round magazine.  He chambered a round and checked to be sure the safety was off. The pistol was new. He had never fired it before. His father had owned the same model for some time.

The son noticed, as the bear continued to run at him, that it appeared to be in full charge mode, with its ears laid back. He noticed a cub was with the sow. As the sow came within 30 yards of him, he started firing at the bear, and moving to put a small tree between him and the charging grizzly.

The son fired his final rounds as the charging bear approached within feet. The bear went down and slid down slope about five yards where it died. In the investigation which followed. 10 .40 caliber brass were found at the scene. The brass were within 2-3 yards of the bear, putting the location of the defender within 5-6 yards of where the bear expired.

After the last shot, the son yelled "Get some!" and, perhaps, he admitted, "bitch!" He then said a little prayer. 

The ammunition used was PPU .40 caliber Smith & Wesson Total Metal Jacket 180 grain bullets. The Springfield sub-compact has a 3 inch barrel. It is a small pistol.

After the bear was down, the defender realized the cub had also been shot. It appeared to be a mortal wound, from below the right eye to the left ear. 

The sow had four bullet holes on the right side of the chest cavity and one bullet hole from under the right eye to to behind the right ear. One of the chest cavity bullets had penetrated the bears spine. Another bullet had perforated the right bicep of the bear. It may have continued into the chest cavity. 

The head wound on the bear indicates the bear's head was pointed directly at the defender. If the bullet had been two inches to the defender's right, it would likely have been an immediately fatal wound. 

Neither the father or the son was carrying bear spray. The son described an incident where he had been charged by a bear, and the bear spray did not work. He believed the only reason the bear stopped in that incident, was because other people nearby were yelling at it. 

During the investigation, the cub was found to be still breathing. It was euthanized.

On April 7, 2017, the US Fish & Wildlife Service Special Agent received a letter of Declination for Prosecution from the Assistant United States Attorney for the District of Wyoming.

Opinion:

The son does not seem to be a highly trained pistol shooter. Highly trained pistol shooters do not take their new pistol out in the woods without ever firing it. However, the son performed well. He hit the attacking bear with at least five of ten shots. One of the other shots hit the cub. 

Pistols are made to be highly ergonomic. It appears most people shoot reasonably well when confronted with an attacking animal at close range. Training and practice help. This correspondent has been surprised at how well people with little training or practice do during conflicts with bears. However, all three recorded cases of failures when using pistols to defend against bears appear to involve people with little training or practice.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

KY: Shannon Gilday Killed Jordan Morgan, Gunfire drove him from House

According to Kentucky State Police, 23-year-old Shannon Gilday of Taylor Mill, Kentucky broke into the Morgan house early Tuesday morning armed with a shotgun.

State Police say they believe he shot and killed 32-year-old Jordan Morgan, who was in her bed. He then exchanged gunfire with her father, former state representative Wesley Morgan, who was treated for non life-threatening injuries at UK Hospital and released Tuesday.

According to the University of Hawaii, Gilday attended one year of college studying bioengineering at the University of Hawaii at Mānoa, and was a part of the Army ROTC program. KSP does not believe at this time that Gilday had any previous connection to Jordan Morgan.

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OH: Domestic Defense and Disarm, Woman Shoots Man

WICKLIFFE, Ohio — A 47-year-old Wickliffe man was arrested on a felony domestic violence charge over the weekend after he allegedly struck his girlfriend during an argument and was later shot when he tried to prevent her from leaving their home.

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Ohio Constitutional Carry is Advancing

Ohio is moving closer to becoming the next member of the Constitutional Carry club. In 2021, the Ohio Senate and House had both passed Constitutional carry bills which were similar in purpose. The Senate bill is SB 215.  The House Bill is HB 227.  When two similar bills pass the Senate and the House, there is some horse trading which goes on to see which bill, and which chamber will get credit for passing a bill into law. 

It appears the Senate Bill, SB 215 has become the chosen vehicle. On January 25, 2022, SB 215 was assigned to the House Oversight Committee. On February 8, testimony was heard in favor of the bill. The committee passed the very similar House Bill last year with a 8-5 party line vote.  There will be another hearing for testimony against the bill in February, then the bill is expected to be brought to a vote in the committee.

The bill removes the requirement for adults 21 or over who can legally own firearms to have a permit to carry them concealed. With the bill people 21 years old or older may carry where those with a CHL may carry them. In addition the bill eliminates the requirement to carry the CHL in Ohio, for those who have the CHL. 

If SB 215 is passed to the full house by the Oversight committee, the full house will vote on the bill. If it passes without amendments, the bill will then be sent to Governor Mike DeWine. 

Buckeye Firearms Association has reported Governor DeWine committed in writing, to sign a permitless carry bill. Governor DeWine is facing a competitive primary. The primary election will be held on May 3, 2022. Early voting begins on April 5, 2022. To receive full benefit from keeping his promise and signing Constitutional Carry into law, the bill will have to be delivered to Governor Devine before April 5th. 

It takes a couple of days to complete the administrative procedures to pass a bill to the governor for signature. It is likely the bill would be passed by April 1st. Once the bill is passed out of committee, it could move very quickly.

If Ohio joins the Constitutional Carry club, there is more incentive for Indiana to join, as well. Indiana has a common border with Ohio. Indiana has passed a Constitutional Carry bill in the House. It is currently in the Indiana Senate Judiciary Committee, where it was killed in 2021. 

The Pennsylvania legislature passed a Constitutional Carry bill which was vetoed by Governor Wolf  in 2021. 

Nebraska, Alabama, Georgia, and Florida are currently considering Constitutional Carry bills.  Wisconsin is also considering a bill. The Wisconsin bill faces a certain veto by Democrat Governor Evers. 

Ohio is the quintessential Mid-West state. West Virginia and Tennessee both share borders with Ohio. Both West Virginia and Tennessee are members of the Constitutional Carry club. 

21 states currently have Constitutional Carry. They are:

Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

Those 21 states make up 56% of the land area of he United States. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

IL: Chicago Security Guard Stops Smash and Grab Robbery

Three male suspects entered the store and walked up to a watch case when one suspect took out a hammer from his jacket, according to police.

Before the suspect could smash any glass cases, police said a security guard intervened and ordered the suspects to the ground. The three suspects refused to listen to the guard, who was reportedly armed, and fled the store empty-handed.

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OR: Oregon DA files Charges against Benjamin Smith for Gunfight in Oregon

The Multnomah County District Attorney’s Office filed murder and attempted murder charges Tuesday for the man suspected of shooting five people at a park in Northeast Portland on Saturday night.

Benjamin Jeffrey Smith, 43, allegedly confronted participants at a racial justice demonstration Saturday night before pulling out a handgun and shooting multiple people in the crowd, according to witnesses and prosecutors. Brandy “June” Knightly, 60, was killed and four others were injured.

A member of the crowd shot Smith, who remains hospitalized and in critical care.

In seeking an arrest warrant, prosecutors have charged Smith with one count of second degree murder, four counts of attempted first degree murder with a firearm, as well as four counts of assault with a firearm.

 

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Indiana Senate may Vote on Constitutional Carry

Indiana Capitol

 On February 19, 2022, the Associated Press published an article reporting Indiana Senate President Pro Tem Rodric Bray saying he expected the Senate Judiciary Committee, which had bottled up the Constitutional Carry bill, to advance the bill to the full Senate. From AP via usnews.com:

Republican Senate President Pro Tem Rodric Bray said he expected a Senate committee in the coming week to advance the bill loosening Indiana’s already lenient firearms restrictions that the GOP-dominated House approved last month.

The Judiciary Committee was the chosen vehicle used by the Republican majority of senators to kill Constitutional Carry in 2021. The Republicans senators had met in caucus and are reported to have used a secret vote to kill Constitutional Carry. They did so with the simple method of never allowing the bill to be debated or voted on in the Judiciary Committee.  The problem for the Republican senators is Constitutional Carry is very popular with their base constituency.

Analysis:

There are 21 states which have Constitutional Carry. It has not been a problem. Homicide rates have not increased. As with all the other reforms which have removed and loosened decades of infringements on the Second Amendment, the "blood in the streets" promised by those who wish to disarm the population, has not materialized.

Senate President Pro Tem Rodric Bray has had to acknowledge this. He has been educated, in spite of decades of indoctrination by the Left. Facts are stubborn things. From windobi.com:

“As you look around other states that have done the same thing, there haven’t been a lot of other problems, at least that we have seen, that have cropped up as a result of this policy and so we’re trying to cautiously move forward with it,” Bray said.

In 2021, there were 21 Indiana senators which co-sponsored Constitutional Carry.  In 2022, there are eight Indiana senators which have signed up as sponsors for HB 1077.

The 2A project (founded in Indiana in 2020) claims Indiana Governor Holcombe is the force behind the scenes working to stop Constitutional Carry in the Indiana Senate.

If the bill is stopped in the Senate, Governor Holcombe will not be required to sign or veto the bill. A veto would likely end his career in the Republican party in Indiana. If he signs the bill, the calculation might be he would lose a few votes from voters who rely on the old media for their information. The dominant media in Indiana would make it a campaign issue. He might be called a "radical" or  "paid for by the NRA".

This appears to be a similar situation to what happened to Constitutional Carry in Wisconsin. This correspondent has been told by people who are familiar with the Wisconsin situation,  Governor Walker was the force behind the scenes which killed Constitutional Carry while Walker was in office.  Indiana has a more organized Second Amendment activist base than Wisconsin does.

If HB 1077 is voted out of the Judiciary Committee, it is likely to pass the Senate. It is not certain. In 2021, it was reported 21 of 39 Indiana senators secretly voted to kill the bill.  All of them may not be willing to do so publicly. Indiana has 39 Republican senators and 11 Democrat senators. The bill requires 26 votes to pass. 14 Republican senators would need to vote against the bill to kill it, if it is allowed to come to the floor of the Senate for a vote.

Will Republican senators be willing to listen to their base, and pass a bill universally opposed by the dominant Media? It has happened in 20 other states, without ill effect.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

NC: Shooting likely Self Defense; Shooter Charged with Felony Possession of Firearm

The Lenoir County Sheriff’s Office says Julius Graham, of La Grange, surrendered himself to deputies at about 4 p.m. Wednesday. The office says Graham cooperated and provided a statement about the shooting.

Lenoir County Sheriff Ronnie Ingram said camera footage from multiple angles showed that the man who died, Terrence Outlaw, Jr., 27, of La Grange, pulled a gun first.

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AZ: Homeowner shoots Tresspasser, who had a gun andThreatened Him

Detectives from the homicide unit investigated the scene. They learned that McKinney was trespassing in the yard with other people.

Police said the people responsible for the home asked the trespassers to leave, but they refused. A confrontation started at which time McKinney showed he had a firearm, so someone shot him, Gradillas said.

Police did not identify the shooter as of Monday, although it appears they are cooperating with police, because Gradillas said no other suspects were wanted. The shooting is being investigated as a homicide.

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.38 Special Against Wyoming Grizzly Bear, September 13, 2011, FOIA

 

This article is part of a continuing series of defensive bear shootings discovered through a Freedom of Information Act request by AmmoLand. It appears these events were not reported in other media.

On September 13, 2011, two bow hunters were hunting for elk in a wild part of Wyoming, on the boundary of the Shoshone National Forest and the Bridger Teton National Forest. The location was on the Continental Divide between the Salt Creek and the South Fork of the Fish Creek drainages, about an hour north of DuNoir Junction, south west of Dubois, Wyoming, near the boundary of Fremont County and Sublette County, at an elevation of about 9442 feet, according to the map contour lines.  It is in the middle of the west edge of Wyoming.

The weather was cool in the morning and warm and dry in the afternoon.  Temperatures varied from 35 to 70 degrees F in nearby Big Piney-marbleton at about 6,000 foot elevation.

Two hunters were involved. Their identity is deleted in the FOIA document. They will be referred to as Hunter One and Hunter Two. Hunter One had a holstered .38 Special revolver as well as his archery equipment.

At about 10:00 a.m., the two hunters were crossing a large area of downed timber, with numerous blowdowns. This type of terrain is very difficult to traverse, because you are constantly climbing up, over, and down large tree trunks. The pictures give an indication of the complexity. It is not a walk in the park.

Hunter One was "about to cross a big piece of downed timber" when he saw a large bear jump up and toward him. He ran up a downed tree, and the bear was "spooked" and ran north into the timber. Hunter One waited until the bear was out of sight; then he used his cow call to communicate with Hunter Two, who was 30-50 yards away. 

Hunter Two came closer when he saw Hunter One up on the downed tree trunk. They communicated and decided to leave the area because of the danger of the grizzly bear.

The two hunters had traversed about 300 yards upslope to return to their vehicle. They heard a crash. Believing it might be an elk, they saw two bears running at them. Hunter One was climbing another downed tree trunk when he saw the larger bear change direction and attack Hunter Two.

Hunter Two had seen Hunter One darting up the downed timber, and the bears coming at them. Hunter Two ran to climb a downed tree near Hunter One, tossing his bow to facilitate his ascent. Hunter Two slipped and landed on his back, looking up to see the larger bear looming over him. He brought up his foot to kick at the bear, and the bear grabbed his right ankle. He yelled at Hunter One to shoot the bear!

At this point, Hunter One had drawn his his .38 revolver. He fired two shots as the bear attacked Hunter two. The bear disengaged from Hunter Two, fell down, and started to come up toward Hunter One. Hunter One fired another shot at the bear, and it went down for good. Hunter One reported all shots were fired from six feet or less. 

 

The entire sequence of shots probably took less than five seconds.

Hunter Two got up and checked himself. Because of his heavy leather boot, and the quick action of Hunter One, the bear's teeth had only punctured his skin at one spot. After checking Hunter Two, Hunter One reloaded his revolver.

The two hunters finished returning to their truck. Once there, they hooked up their travel trailer and drove to Dubois, where they contacted Wyoming Fish and Game. Wyoming Fish and Game received the information and were able to meet with the hunters at DuNoir Junction about three p.m. From there they went to the shooting site and did a field necropsy on the bear. 

The Wyoming F&G personnel recovered three fired .38 Special cases at the site. They recovered three .38 caliber bullets.  None had exited the bear. From the picture, they appear to be 150-160 grain jacketed bullets. Two of the bullets were relatively undamaged.

One bullet was significantly deformed, apparently from hitting the bear's spine. This was probably the killing shot. All bullets had entered the bear from the front half.
 

 

Hunter One said he was "shaking so bad" and "was so scared". He was not shaking or scared bad enough to keep from scoring three solid hits with three shots, killing the attacking bear and stopping the attack on Hunter Two.  The shaking reaction is a common occurrence following an adrenaline dump when involved in deadly fight.

The investigators looked for a yearling cub; they did not see one, but all reported hearing a bear  "woof" and "pop" its jaws. 

The hunters' verbal statements, the physical evidence, and their written statements were all consistent. 

The bear was tattooed with number 497. It had been trapped as part of a management action in 2005, and again in 2008, for depredating on cattle, not far from where the attack and defensive shooting took place.

On January 9, 2012, the United States Attorney for the District of Wyoming determined the case was clearly self defense, and declined to prosecute for the illegal take of a grizzly bear. 

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

NM: Armed Family Faces off With Carjacker, Kidnapper, Home Invader

"Our whole house shook, and there was s tremendous crash, and our house alarm went off," Hope said.

"[I] grabbed my firearm and yelled and let them know that I was armed — that we were armed — and then he then took a shot in our home," husband Lamoni Sam said. "... when I barricaded my family in a safe place and remained there until APD arrived."

The man, who took the Sam family's white Honda, was already gone by the time police said they arrived. However, there they found a person who was kidnapped from her home on Elm Street and Thaxton Avenue Southeast around midnight.

More Here

TX: Dallas Business Owner Shoots 1 of 2 Invaders who Kicked in Door

A business owner was asleep inside his own business, according to an officer on the scene.

The officer said two men kicked in the door and went inside, and the business owner shot one of the men. That man was transported to the hospital in critical condition.

The other man who broke into the business was not injured and was arrested, according to police at the scene. Police said the case would be referred to a grand jury to determine if it was self-defense.

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Alabama House Committee Passes Constitutional Carry HB 272

 On February 16, 2022, the Alabama House Public Safety Committee passed the

From alreporter.com: 

The Alabama House Public Safety and Homeland Security Committee on Wednesday gave a favorable report for a bill that would repeal the state’s law requiring a permit to carry a concealed weapon. 

House Bill 272, sponsored by state Rep. Shane Stringer, R-Citronelle, would do away with the legal requirement for a person to have a concealed carry permit in Alabama, which is referred to as permitless carry or constitutional carry.

It was previously reported a Senate version of the bill, SB 1, had passed the Senate Judiciary Committee on a 6 - 4 vote, on February 2. SB1 has not been voted on by the full senate as of this writing. 

Alabama Republicans outnumber Alabama Democrats in the Senate with a supermajority of 8 Democrats to 27 Republicans.

Alabama Republicans outnumber  Alabama Democrats in the House by a wide margin. There are 28 Democrats and 75 Republicans, with 2 vacancies.

The two bills, SB 1 and HB 272 have similar ends, but are not identical. One or the other will have to be chosen by the legislature if a Constitutional Carry bill is to pass the legislature and be sent to Alabama Governor Kay Ivy.

Governor Ivey is facing primary challenges this year. The primary in Alabama is to be held on May 24, 2022. If Governor Ivey is to benefit from signing a Constitutional Carry bill into law, the bill will need to be passed well before May 24th. Alabama has an open primary; voters do not need to be members of a party to vote in the primary. Governor Ivey won the primary in 2018 with close to 56% of the vote.  She won the general election with nearly 60% of the vote. 

The Alabama legislative session is set to end on April 25. Any bill to be passed will need to have been sent to the Governor by then. This would give a month for Governor Ivey to benefit from the passage of a Constitutional Carry bill. 

Constitutional Carry has been opposed by the Alabama Sheriffs' Association. It has been the major stumbling block in the past. Sheriffs in Alabama receive the funds generated by carry permits as an independent source of revenue. 

It is likely the current permit scheme is unconstitutional under the right to keep and bear arms amendment to the Alabama Constitution passed in 2014. The amendment passed 72.5% to 27.5%. The amendment, now section 26, reads as follows:

(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny.

(b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.

 Constitutional Carry has the best chance to pass into law in 2022 which it has had in recent years. Alabama has the highest rate of carry permit holders of any state in the United States. Nearly one third of adults in Alabama hold a concealed carry permit. With such a large number of permit holders, it would appear passage of a Constitutional Carry reform would be easy. 

Such has not been the case. While the bill is popular with Second Amendment supporters, it has been opposed by the Sheriffs' association. It is not clear if those proposing the Constitutional Carry bills have put forward an alternate means of funding to take the place of lost permit revenue. 

If the experience of other states holds, sheriffs may not lose much revenue. In most states which have restored Constitutional Carry, permit numbers have stayed stable or increased. Permits are useful for reciprocity with other states.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

OR: Furry Known as Polybun, (Ben Smith) was Homeowner Involved in Shootout with Antifa

Smith has not been named as a suspect by authorities; He was named by OregonLive, which reported witnesses identified him as the shooter. He is described by members of this community as a local “Fur” who goes by the name of Polybun. Also known as Ben Smith, he was also shot, causing non-life-threatening injuries, the newspaper reported.

 Triss Winters, who identifies as Furry on Twitter, wrote, “Just to reiterate for the furry portion of my crowd. Portland’s furry Polybun/Ben Smith was the [alleged] Perpetrators of the mass shooting at a left-wing march on Saturday night, leaving 1 dead and 5 wounded. A few hours ago there were rumors that have been confirmed.”

June Knightly has been identified as the Black Lives Matter protester who was shot dead in the Portland, Oregon mass shooting by the man whom police have dubbed only the “armed homeowner.”

 

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OK: Oklahoma City Homeowner Shoots, Wounds, Intruder

OKLAHOMA CITY -

A man was shot while allegedly trying to break into a home early Saturday morning. It happened in a southwest OKC neighborhood, as officers say the suspect was taken to a hospital.

Police said the man was inside his home when he heard what sounded like someone trying to break in. He quickly grabbed his gun and when he saw the intruder, he aimed and fired.

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Virginia House votes to Repeal Red Flag Gun Confiscation Law

On February 14, 2022, the Virginia House voted to repeal the controversial "red flag" law, which gave the power to any attorney or law enforcement officer in Virginia to ask a judge for a "substantial risk order" to confiscate guns from a person who poses a "substantial risk" to himself or others. The law also created a registry of such orders.

The bill had passed the Committee on Public Safety by an 11 to 10 vote.  It passed the house 52 - 47. 

The controversial bill had narrowly passed in 2020 while Governor Northam was in power and Democrats controlled the House and Senate. 

In the election of 2021, Republicans swept the statewide offices of Governor, Lieutenant Governor and Attorney General. They also took control of the House of Delegates, with a 52 to 48 majority. 

The Senate in Virginia was not up for election in 2022. It remains in the hands of a Democrat majority, with 21 Democrats and 19 Republicans. The Lieutenant Governor is now Republican Winsome Sears. Hers will be the tie-breaking vote if there is an even split of votes in the Senate.  

Only one Democrat would need to vote for the repeal of the Red Flag law to pass the Senate. More likely, the bill will never pass out of a Senate Committee controlled by Democrats. 

All state Senators and all House of Delegate members are up for re-election November 7, 2023. 

The "Red Flag" law is one of several restrictions on firearms ownership and use passed by the Northam administration. Some of the others are:

- Removal of the Virginia firearms pre-emption law. Local governments in Virginia are now empowered to create substantially different firearms laws, making it difficult to understand where a resident may legally keep and bear arms. 

- A limit on handgun purchases to one handgun per month.

- A requirement to report lost or stolen guns to police, or face a $250 fine.

- A requirement to lock up guns in the presence of children under the age of 14

- A requirement for private firearm sales in the state to receive permission from the government before proceeding. In effect, this eliminates private sales, by requiring a public record of all sales. 

Republicans may attempt to repeal all of these restrictions. All such reforms face the same obstacle in a Democrat controlled Virginia Senate. 

 

Governor Northrup and the Democrat legislature enacted changes in the Virginia voter law at the latest possible time before the 2020 elections. The changes make illegal election manipulation difficult to detect. The requirement for picture voter identification was repealed. No excuse early voting was passed so votes may be cast up to 45 days before an election. Election drop boxes were authorized on a "temporary basis" due to COVID 19. Drop boxes break the chain of custody of ballots, which allows for unauthorized ballot harvesting. This Arlington voting site listed numerous locations for ballot drop boxes, so it appears they will be in use for the 2022 elections. 

Republicans will attempt to reform Virginia election law. Success will depend on  Democrats who control the Virginia Senate.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

PA: Armed Samaritan Saves Boy from Dog Attack

Two dogs believed to be rottweilers were running loose when one attacked the child named Kasion.

Dwayne Patrick was driving by and saw the dog attack. He says he took his legally owned gun, which is licensed, and shot the attacking animal.

"I caught the attack on camera. I immediately took action, jumped out, told everybody to move, and discharged my firearm," said Patrick. "There were a lot of people out there. They were beating the dogs shooting with a paintball gun, trying to do everything to get the dog off the child, but there was nothing no one could do."

Action News was there Friday afternoon when Patrick was able to meet Kasion as his mother and aunt took him home from the hospital.

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FL: 18-Year-Old's Obsession with TikTok Star leads to his Death

A sad situation where a young male becomes obsessed with a pretty girl. It leads to his destruction. 

The ex-cop father of a 14-year-old American girl who has over one million followers as a TikTok star shot and killed an 18-year-old boy who stalked his daughter and had traveled hundreds of miles to her home, where he fired a shot through the family’s front door.

The father was not charged under Florida’s Stand Your Ground Law.

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WA: Armed Samaritan Aids Police, Shoots "entire magazine" at Attacker

But the peace would not last. 

He said one of the deputies was shot and went down and the other deputy was hit while responding. Deeter said he ran toward the gunshots.

"That’s when I stepped around the corner, and I drop an entire magazine at this guy," he said.

Deeter helped to pull the first deputy hit out of the line of fire. He and both deputies took cover in a garage until back up arrived.

"It was nerve racking. My heart was definitely racing," he said.

Deeter says there was no question on the day of the shooting what to do.

"Those guys would take a bullet for me. They’d take a bullet for you," he said.

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VA: No Charges for Marple in Shooting of Walter Ray Long, Jr.

Instead, a Frederick County Circuit Court grand jury on Thursday indicted Long’s friend, 42-year-old Jeffrey Brian Smith of Capon Bridge, West Virginia, for second-degree murder.

In a written statement, Ross P. Spicer, county commonwealth’s attorney, said Marple legitimately feared for his life, fired in self-defense and accidentally struck Long, who was fleeing after seeing Marple reach for the rifle that was by his bed.

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TN: Gunfight, Armed Victim and Robber Wounded

A woman at the house on Stovall told WREG her nephew was shot by a would-be robber while sitting in his van in the driveway of his mother’s home. “The guy got in the car and pulled the gun on him, and he jumped out of the car,” said the woman who did not want to be identified. “He was running from them. He was shooting at him. That’s how all this got shot up.”

The aunt showed us the bullet holes on the front of her sister’s house. She said her nephew was shot in the leg but was able to fire back, hitting and stopping the robber.

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Holcombe v. USA 230 Million Settlement from Air Force for Sutherland Church Shooting

 

 On November 5, 2017, Devin Patrick Kelly shot and killed 26 churchgoers and wounded 20 more in Southerland Springs, Texas.  Kelly was stopped by Stephen Willeford, who disrupted the shooting and wounded Kelly. 

Kelly purchased the firearms he used through federal licensed dealers. The National Instant background System (NICS) approved of the sales, even though Kelly was a prohibited possessor. The Air Force had failed to enter the criminal data about Kelly into the NICS system.

Survivors of the shooting sued the federal government for negligence, using, in part, the Federal Tort Claims Act (FTCA).

In general, the Federal Government is immune to lawsuit under the doctrine of sovereign Immunity. The Federal Government can be sued if it authorizes the lawsuit. The FTCA is one way the Federal Government authorizes lawsuits against itself.

The Sutherland Church shooting case became a consolidated case of all the plaintiffs, known as Holcombe v USA. 

The government lawyers moved to dismiss the case, based on sovereign immunity, claiming the court did not have jurisdiction.  The trial judge found the government had waived sovereign immunity with the FTCA, at least in part. This allowed the case to go forward and for discovery to proceed. From the Order on motion to dismiss on Casetext.com:

ORDER ON MOTION TO DISMISS

XAVIER RODRIGUEZ, UNITED STATES DISTRICT JUDGE

On this date, the Court considered the Government's Motion to Dismiss for Lack of Jurisdiction (docket no. 28), Plaintiffs' response (docket no. 44), the Government's reply (docket no. 45), Plaintiffs' sur-reply (docket no. 51), and the Government's sur-sur-reply (docket no. 52). After careful consideration, the Court GRANTS IN PART AND DENIES IN PART the Government's motion.

The crux of the lawsuit was the Air force had been negligent in not entering Kelly's criminal information into the NICS database. The evidence was clear: 

In 2014, the DOD's Inspector General ("IG") evaluated compliance with DOD's reporting procedures. The investigation concluded that

10 years of DoD criminal incident data have not been provided to the FBI for inclusion in the annual uniform crime reports to the President, the Congress, State governments, and officials of localities and institutions participating in the UCR Program, as implemented in DoD Directive 7730.47 and DoD Manual 7730.47-M, Volume 1.

In the time period sampled, Air Force Security Forces failed to submit fingerprint cards and final disposition reports in 60 percent of cases.

The government lawyers claimed the USA was immune because of the immunity paragraph in the Brady act:

This provision states:

Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages ... for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section.

The court found the Brady Act specifically did not grant immunity to the federal government as a whole, only to employees of the federal government. From the order to dismiss: 

Similarly, here, in enacting the DOD regulations mandating that information be collected and reported to NICS, the Government assumed a duty to act non-negligently in doing so. And when USAF promised to adopt the IG report's recommendations and fix its systemic problems, it re-affirmed this assumption of duty.

Once the court refused to dismiss the case, and found the USA was not immune because of the the FTCA, the results were understandable.

The court found the Government was 60% responsible for the Plaintiff's injuries. The court awarded economic damages; Pecuniary Loss, Loss of Inheritance, Loss of Earning Capacity, and Loss of Services. 

The court awarded noneconomic damages for Mental Anguish, Pain and Suffering, Physical Impairment, Disfigurement, and Loss of Consortium or Companionship. 

The award of $230 million is split among about 80 claimants. Amounts awarded varied considerably, from three thousand dollars for damage to property, to over 18 million dollars for extensive economic and noneconomic damages involving physical injury, pain and suffering to one claimant. 

The government has 10 days from the court order on February 7, 2022, to file any objections to the proposed judgements.

Opinion: 

This correspondent does not expect this decision to affect operation of the NICS system very much. The Department of Defense entry of data into the system is likely to become more rigorous. It is possible the NICS act will be amended to specifically include immunity for the USA government as a whole. 

The reliance of the Court on the FTCA and the lack of immunity for the USA in the Brady Act limits the decision's impact on NICS.

It is likely the government will appeal to the Fifth Circuit Court of Appeals. 

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

WV: Homeowner Fires Shot, Stops Home Invasion

Kanawha County deputies said a man has been charged after he broke into the home of a neighbor, and the resident fired a shot at the alleged intruder.

Larry A. Sheets, 54, has been charged after an incident that was reported Thursday on Strawberry Road in St. Albans, according to a criminal complaint filed in Kanawha County Magistrate Court.

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ME: No Charges for Kyle Hunt in Jefferson Killing of Joel Williams

6/30/2021 | SOMERVILLE | Joel Williams, 48, of Somerville was shot during an altercation at 1041 Rockland Rd. Charges against Kyle Hunt, 31, of Jefferson  were presented to grand jury and Hunt was not indicted.

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Pistols and Shotgun Against Wyoming Grizzly, October 19, 2010 FOIA

This is another in a series of self defense against bear events uncovered in a Freedom of Information Act request done by AmmoLand. It seems they have not been published before. 

On October 18, 2010, an elk hunter was successful in collecting a bull elk at the head of the North Crandall Creek drainage in Wyoming. It was late in the day, so they field dressed the elk, moved the gut pile about 50 yards away, and left the elk to be retrieved the next day, with horses.

On October 19, 2010, three men were on their way to retrieve the elk. Because the identities of the three have been redacted, they will be referred as Guide, Wrangler and Hunter. After increasingly difficult travel, they had to leave their horses because of the downed timber and steep terrain. They ate a sandwich and glassed for bears. They continued on, over very steep terrain. 

Guide had a holstered .44 magnum. Wrangler had a 12 gauge pump shotgun, loaded with three rounds of 7 1/2 bird shot and a round of low recoil 00 buckshot. Hunter had a holstered .45 semi-auto pistol.

Guide told Wrangler to make sure a round was chambered in the shotgun. He said they needed to go slow.

The three men carefully approached the kill site, looking for bears. At about 200 yards from the kill site, they saw a florescent orange hat one of the hunters had hung in a tree to mark the site. Hunter used binoculars to look for bears. He did not see any. After the three men had traversed about half the distance to the kill site, traveling upslope, a grizzly bear appeared and charged Wrangler. Wrangler had forgotten to put a round in the chamber of the shotgun. 

Guide yelled for Wrangler to shoot a warning shot. In the excitement, Wrangler could not chamber a round. Wrangler moved downhill toward Guide. Guide grabbed the shotgun and fired three warning rounds of bird shot behind and over the bear. The bear and a cub moved away and into a gully. 

Hunter stated the gut pile had been completely eaten. The three men continued to the elk carcass, and found only one small bite had been taken from one hind quarter. They started processing the elk into quarters and the cape/head. After about an hour, the bears reappeared. The three men threw rocks at the bears and rolled stones downhill toward them. The bears retreated again. 

The three men decided to make one trip to retrieve the elk meat, cape, and head, to minimize the exposure to the bears. This left all of them heavily loaded. 

Guide and Hunter were carrying packs and dragging hind quarters. Wrangler was carrying a pack the head and cape and the shotgun. They took a route on the far side of the drainage to maximize the distance from where they had last seen the bears. Hunter was in the lead, Wrangler in the middle, with Guide bringing up the rear. Guide had a walking stick to help on the steep terrain. Guide was having difficulty keeping up while dragging the hind quarter. Wrangler kept looking back to check on Guide. 

They had traveled about 200 yards when Wrangler yelled "Guide!" 

Guide believed it was a warning about the bear, but did not see the bear.

 

 Wrangler yelled "She is right behind you!" 

Guide said the hair stood up on his neck and he swung the walking stick as hard as he could behind him, looking as he did it. Guide said he just missed the grizzly bear, and the bear retreated a step.  

Wrangler said "moving left", presumably to get a better line of fire at the bear. Hunter drew his .45, but did not have a clear line of fire at the bear.

The bear turned, and came at Guide from nine feet away. Guide drew his .44 magnum and fired one shot. Wrangler fired the shotgun with the 00 buckshot round almost simultaneously, but slightly later than Guide's shot. The bear took a couple of steps, dropped and rolled downslope.

 

The three men presumed the bear was dead. They caught their breath, then continued to transport the elk quarters and cape/head to the horses. Guide said he was so shook up he did not tie his elk quarter on properly, and had to stop later and re-tie it. 

Guide said that he had no doubt if Wrangler had not been checking on him, he would have been mauled or killed. Guide said: 

"The bears are getting more aggressive every year. We use to yell at them and they would head for cover. Now you try to scare them and the come at you."

The Guide contacted Wyoming Fish & Game on the morning of October 20, 2010. The Wardens made arrangements to meet the participants later that day. They interviewed the participants and took written statements. They traveled to the shooting scene, took pictures and did a field necropsy of the bear. 

 

The physical evidence was consistent with the oral and written statements of the participants. 

On February 15, 2011, the Special Agent for the U.S. Fish & Wildlife Service recommended the case be closed as they had received a letter of declination to prosecute from the US Attorney's office. 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

LA: Iraq Veteran Uses Gun to Stop Attempt to Enter her Car in Traffic

Taylor said she was headed to pick up her husband on Friday.

She was stuck in gridlock traffic, she said a group in a truck motioned to her to get over.
So, she let them. Next thing she knows a man comes up to her passenger door.

"So, as he comes up he's close and he's pretty aggressive trying to get the car door open makes eye contact with me he's still trying to get it open a couple times," Taylor said.

Taylor said she picked up her gun.

“It’s locked and loaded," she recalled saying.Taylor said she didn't fire but was ready to. She said the man eventually ran off. Taylor said what also has her on edge is police classified the crime as a disturbance.

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AL: Naked Man Shot, Killed while Attempting to enter Home in Pelham

Pelham Police Chief Pat Cheatwood said a 29-year-old man stabbed someone on Camellia Drive in Pelham and then, in an excited state, officers said he started going door to door ringing doorbells and banging on doors.

Chief Cheatwood said the man, who was naked, made it to the home on Honeysuckle Lane. Investigators said the suspect banged on the door, the homeowner opened the door and a struggle started when the suspect attempted to enter the home. Cheatwood said that’s when the 29-year-old man was shot and killed.

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First Recorded Fatal Polar Bear Attack in the United States

The first recorded fatal polar bear attack in the United States happened in 1885, near Cape Thompson, Alaska. It was unlikely to have happened any earlier, because there weren't any polar bears in United States territory until the USA acquired Alaska from Russia, which was formally transferred to the USA on October 18, 1867. 

There were probably many fatal polar bear attacks before then, but they happened to stone-age people without the ability to record them or publish them. There is not much overlap between the habitat of people living in the far North of Alaska and polar bears.  With the ability to record brought by Europeans, there came more advanced weapons, which made defense against polar bears simpler and easier. 

The first fatal polar bear attack recorded in the USA occurred after both the ability to record and modern cartridge firearms were introduced to Alaska. Even then, it went unnoticed by researchers for many decades.

It was brought to my attention by bear researcher Tom Smith of Brigham Young University in August of 2021. The account was recorded in a famous book of Arctic exploration and survival published in 1942. It is "50 Years Below Zero", by Charles D. Brower, 1942/1960, 342 pages.

In July of 1884, Charles D. Brower arrived about 300 miles North of  Nome (Corwin's Bluff).  He was 21 years old. Brower kept a regular diary, which was used to write his autobiography. Brower had already spent seven years at sea, working on sailing ships and early steam ships. He decided to overwinter at Corwin's Bluff, with three other men, one of which was accompanied by his wife, in a house they and the crew of the ship which had brought them, had erected, as representatives of the Pacific Steam Whaling Company. In a few weeks, two Eskimo families had joined them and set up camp nearby.

Brower refers to three firearms he owned at the time. A rifle referred to as an "old .44" on page 17, was probably an 1873 Winchester.  He also had an "old Colt revolver" mentioned on page 29.  Very likely the two were in the same caliber, because of ammo interchangeability.  Because of the year, they were almost certainly in .44-40 caliber, one of the most popular calibers of the day, and often chosen because of the rifle-pistol interchangeability. In 1884 the cartridge was simply known as a .44 Winchester. In that year, the cartridge would have been loaded with lead bullets. He took a shotgun with him to the Arctic, gauge unmentioned.

The polar bear incident and attack occurred in June of 1885, when Brower had been in the Arctic for nearly a year. Brower and his friend Kyooctoo had gone hunting seals. They were armed with cartridge rifles. Another Eskimo joined them, but he was armed with a double barreled smoothbore muzzleloader. One barrel was loaded with ball, the other with bird shot.  The incident is recorded on pages 64-65 of 50 Years Below Zero, and is reproduced here:

As we rested, I felt a sharp nudge from Kyooctoo. Then I saw what he saw.

Three polar bears were coming leisurely towards us from the direction of Cape Thompson, two of them a mile out on the ice, the third about in line with where our friend had paused to examine another water hole. 

Rough ice enabled us to hide easily, and the northeast wind prevented the animals from getting our scent. But we hardly expected the fine target they presented, coming up to within fifty feet of where we lay huddled on the ice with rifles aimed.

Our first volley was enough. My prize proved to be a year-old cub. Kyooctoo had killed its mother. 

Whether the third bear didn't hear or just didn't mind, he kept on between us and the land, drawing closer all the time to the other Eskimo. For some reason, the man appeared reluctant to shoot. The bear was almost on top of him before he finally did. And then he only wounded the animal. When it reared up to charge, we saw for the first time what a monster the bear really was. 

Too far away to help, we watched, fascinated, as the man emptied his other barrel, then started to run for his life. He hadn't a chance. From where we stood it looked as if the bear just struck him a casual blow on the head, following this by one bite under the arm. Then, leaving the crumpled body where it fell, the enraged animal turned and headed for Kyooctoo and me. 

 Although our rifles were powerful enough to kill a bear, we daren't risk a miss and held our fire until he came within a few yards. . . . Even so, it required several carefully placed bullets to finish him.

If it seems unusual a polar bear would attack and kill a man, then immediately go on to attack another pair of men several hundred yards away, polar bears are know to be surplus killers. That is, they often kill more than they can immediately eat. From Polar Bears International;  Polar bears are surplus killers;

Although they have not been observed to cache, polar bears are surplus killers. Stirling and Derocher(1990) reported seeing a polar bear kill two seals within an hour of feeding extensively on another seal. Neither of the latter two seals killed was eaten.

Another possibility is the bear had been following the sow and cub with the intent to kill the cub. Boar polar bears kill and eat cubs when they are able to do so. While sows will travel with their cubs, mature boar polar bears do not travel in family groups. Polar bears regularly practice cannibalism. 

For whatever reason, the large boar was shot as it approached the two men to within a few yards. The .44-40 in black powder out of a rifle is very close in ballistics to a modern 10 mm pistol.  The 1985 edition of Cartridges of the World lists the black powder load as a 200 grain bullet at 1310 fps. Underwood lists a 200 grain 10mm cartridge with a muzzle velocity of 1250 fps.

There may have been other fatal polar bear attacks recorded, which have not come to light. It seems particularly possible for them to be recorded in old ships logs of whalers and seal hunters. The incident recorded by Charles D. Brower in his diary was widely published in a popular book in 1942 and again in 1960. Yet, it did not come to the attention of bear researchers for over 50 years!

If any readers know of, or find such accounts, please forward them to AmmoLand. 

One of the reasons there are few fatal polar bear attacks is travelers in the arctic know the danger, and are routinely armed. Polar bears seldom attack at a full charge; rather, they are predatory attacks, which give a person time to discover the bear, ready a firearm, and kill the bear before it can close the distance. If the unfortunate Eskimo listed in the Brower account had a modern firearm, it is likely he would not have been killed. 

 ©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

NH: No Charges in Self Defense Shooting of Terrence Wigglesworth by Tyler Cochran

Concord, New Hampshire — An investigation into a fatal shooting that took place on January 16 at 46 Warren Street in Concord has come to a conclusion. The Office of the Attorney General has announced that 33-year-old Tyler Cochran will not be charged for fatally shooting 28-year-old Terrence Wigglesworth.

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AZ: Brothers Pull Guns on Each Other, 1 Shot, Killed

Phoenix police said a man admitted to fatally shooting his 18-year-old brother during an argument on Saturday afternoon.

The two were arguing in a parking lot near McDowell Road and 44th Street and both pulled out guns, at which point the man shot his brother, 18-year-old Dameon Glover, according to Phoenix police spokesperson Sgt. Vincent Cole.

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IL: CCW Holder Shot, Critically Wounded

Here’s what we have learned about Saturday’s case: The victim, a 30-year-old man with no criminal record, and his fiancée were driving to a nightclub in the area when she pulled over so he could urinate in an alley on the 2200 block of South Michigan around 11:29 p.m., according to an initial CPD report.

While the man was relieving himself, he realized someone was walking up behind him while holding a gun, the report said. The gunman told the victim not to move.

As the victim reached for his own gun, the offender fired two shots, striking him in the chest, the report said. The victim shot back at the offender, who got into a silver sedan and left the area.

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Jan 2022 NICS numbers and Gun Sales Drop; Third Highest Jan on Record

 

The January 2022 National Instant background Check System checks and gun sales have dropped significantly from those in January, 2021. In January 2021, the NICS checks were over 4.3 million. In January, 2022, they were over 2.5 million. Gun sales fell from over two million in January of 2021 to over 1.15 million in 2022. 

In the historical context of NICS numbers, these are still high. January NICS checks did not break 1 million until after the election of President Barack Obama in November of 2008. January 2009 NICS checks were over 1.2 million. 

On a quick survey of the market, using the Internet, firearms are becoming more available, and prices have dropped toward suggested retail. Ammunition is becoming somewhat more available, and prices have dropped somewhat.

Manufacturers of ammunition are running their production at top capacity. Manufacturers of firearms are starting to catch up to demand levels. 

It appears there have been approximately 12-15 million new gun purchasers generated in the last two years, as estimated by the National Shooting Sports Foundation (NSSF).

A person who is a new gun purchaser may not be a new gun owner. Many people are gifted firearms; many become gun owners through inheritance. Some of those are included in the statistics of new gun buyers. Measuring gun ownership by survey has always been difficult.

It seems likely number of gun owners in the United States is well over 100 million, perhaps as high as 115 million. Legal gun owners, almost by definition, are eligible voters. They are known to be more politically involved than the ordinary eligible voter. 115 million gun owners would be almost half of all eligible voters, estimated at 239 million. In 2022 the number of privately owned firearms in the United States will be very near to  500 million. The calculated estimate at the end of 2021 was 480 million. 

Ammunition capacity has increased by billions of rounds a year, and is still not meeting demand. A new primer manufacturing facility, one of the current bottlenecks, is being opened in Texas, on a previous WWII ammunition plant location.

It is not surprising that polls show support for new gun restrictions at record low levels.

The current chaotic state of the economy, rising crime rates, especially in Democrat strongholds, an unsettled international situation, and exponential increases in the numbers of concealed carry permits, all tend to keep gun and ammunition demand high.

Much of the increase in Concealed Carry Permits are among women and minorities, traditionally considered as Democrat constituencies. High profile cases are showing the US justice System takes the right to self defense by minorities seriously.

In spite of Progressive attempts to blame crime and violence on inanimate objects, such as firearms, reality has a way of intruding. 

Manmade weapons have defined the difference between the animal kingdom and humans for the entire history of mankind. If they did not work, they would not be here.

It appears the United States has had a step increase in firearms ownership and demand. It will continue, at a somewhat slower pace.

People will not vote to give up their arms unless they feel themselves to be secure. The New Deal push for gun control died with the start of World War II.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MO: Charges Dropped Against Jy-Don Harnett in Killiebrew Killing

CLAYTON - St. Louis County prosecutors have dismissed murder and other charges against a St. Louis man who was set for trial this week in a Moline Acres homicide last year. Prosecutors dropped charges of first-degree murder, first-degree assault and armed criminal action last week against Jy-Don Harnett, 22, in the Feb. 2, 2021, killing of Jamell Killiebrew. Harnett's trial was scheduled this week before Circuit Judge Brian May.

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SC: Domestic Defense, Kershaw Father Shoots, Wounds Son

Deputies say the incident happened on Saturday, February 12, around 11:00 a.m. Officials say a man called 911 to report his father shot him in the leg during a physical altercation.

Authorities say Corey's arrest has stemmed from an incident with his mother the night before. Corey has been charged with second-degree assault and battery.

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FL: Intruder Shot at 4 a.m. in West Palm Beach

When the intruder turned on the bedroom light, it awakened the couple and a verbal confrontation ensued.

Officials say the homeowner shot the intruder, who was then transported to St. Mary's Medical Center where he was pronounced dead. The couple was not injured.

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CA: Man with Concealed Carry Permit Shoot Man who Pointed gun at Him

AKERSFIELD, Calif. (KGET) — A 41-year-old man was shot after allegedly throwing bottles of beer and pointing a pellet gun at another man in East Bakersfield, according to the Bakersfield Police Department.

Around 8 p.m. on Thursday, police were dispatched to Zephyr Lane near Workman Street for a shooting, according to BPD. When officers arrived, the man who reported the incident told officers he was armed and had a license to carry a concealed firearm. He also told officers he just shot a man who pointed a handgun at him.

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IL: Security Guard Shoots Man during Altercation at Gas Station

CHICAGO (CBS) — A security guard shot a man in the shoulder during an argument early Thursday morning on the South Side.

The guard, who is licensed to carry a concealed gun, shot the 31-year-old man after he pulled a gun from his waist during a verbal altercation with a gas station clerk around 12:30 a.m. in the 4200 block of South Wentworth.

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MO Second Amendment Preservation Act Appealed to MO Supreme Court

 

A challenge to the  Missouri Second Amendment Protection Act (SAPA) by St Louis and Jackson Counties failed in Circuit court. It is being appealed to the Missouri Supreme Court.

The United States is a Constitutional Republic, not a direct democracy. The system was designed and built with a specific set of checks and balances to set government power against government power, to protect the citizens from the centralized abuse of government authority against them.  Hillsdale College offers an excellent, free, online course on the subject.

In Missouri, Second Amendment advocates have spent years developing a state law to aid in protecting the Second Amendment right to arms from federal overreach. In June of 2021, the Second Amendment Protection Act (SAPA) became law and went into effect. From tenthamendmentcenter.com:

JEFFERSON CITY, Mo. (June 12, 2021) – After eight years of tireless effort by dedicated grassroots activists, today Missouri ended state and local enforcement of a wide range of federal gun control measures; past, present and future. With Gov. Mike Parson’s signature on the Second Amendment Preservation Act (SAPA), Missouri took an important step toward ending federal acts that infringe on the right to keep and bear arms within the state.

Opponents of SAPA claim the law "nullifies" federal law. It does nothing of the sort. Instead, the State of Missouri refuses to allow its resources to be used by the federal government to enforce laws which it defines as infringing on Second Amendment rights. This is not nullification; it is the long standing doctrine embraced by the United States Supreme Court over numerous cases, of anti-commandeering.  

The United States Government does not have the Constitutional authority to force states to use their resources to enforce federal law. Recent examples include state laws which legalize marijuana, and state laws refusing to allow state resources to cooperate with enforcement of federal immigration law. 

Here is part of SAPA defining its purpose.  From legiscan.com HB 85 & 310: 

1.430. All federal acts, laws, executive orders, administrative orders, rules, and regulations, regardless of whether they were enacted before or after the provisions of sections 1.410 to1.485, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the Constitution of the United States and Article 5I, Section23 of the Constitution of Missouri shall be invalid to this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall not be enforced by this state.

Opponents of a strong right to arms in St. Louis and Jackson counties filed a lawsuit asking for an injunction against SAPA before it went into effect. In a peculiar twist, they claimed SAPA was unconstitutional, because it limited the power of the government. From the lawsuit at jacksongov.org:

A recently enacted Missouri law, formerly known as HB 85 and HB 310 (collectively “HB 85”), was adopted as the latest step in ongoing efforts to nullify federal gun laws. HB 85, however, is unconstitutional under the United States and Missouri constitutions.

This Petition for Declaratory Judgement and injunctive relief does not to ask the Court to infringe upon any constitutionally guaranteed right of law-abiding individuals, including the right to bear arms; rather, the Plaintiffs ask the Court to recognize that HB 85 infringes upon the constitutional rights guaranteed by both the Missouri and United States’ constitutions and curtail law enforcement officers’ ability to investigate, apprehend and prosecute criminals. 

One of the main purposes of the Bill of Rights is to "..curtail law enforcement officers' ability to investigate, apprehend and prosecute criminals."  That is precisely the effect of the Fourth, Fifth, and Sixth amendments.  Criminals have to be protected, because the state does not know who is a criminal until they have undergone investigation, apprehension, and trial. 

If citizens are going to be protected, it is necessary some criminals will also be protected. The Constitutional principle of innocent until proven guilty is in effect, as part of due process, though not directly stated in the Constitution.

Many believe federal gun laws are completely unconstitutional under the Second Amendment. SAPA does not go so far. It specifically finds certain federal gun laws are not infringements; such as the Pittman Robertson tax on sporting guns and ammunition.

The case against SAPA was heard in Cole County Missouri. Circuit Court Judge Daniel Green found against the lawsuit filed by St. Louis and Jackson Counties. The judge ruled the plaintiffs did not have standing, because there was not a "justiciable controversy", and there were existing cases with particular plaintiffs where the issues should be litigated. From themissouitimes.com: 

“Missouri is not attempting to nullify federal law. Instead, Missouri is defending its people from federal government overreach by prohibiting state and local law enforcement agencies from being used by the federal government to infringe Missourians’ right to keep and bear arms,” Parson and Schmitt have said. 

In his judgment, Green said the plaintiffs had pointed to at least two pending cases involving them regarding SAPA. He said the constitutional issues raised should be “litigated (if at all) by each plaintiff in each separate case.”

St. Louis and Jackson counties have appealed the case to the Missouri Supreme Court.  In an article in stltoday, the plaintiffs repeat the argument the law limits the power of law enforcement. From stltoday.com:

“Violent crime involving the use of firearms is an endemic problem in Missouri, and the problem is particularly acute in St. Louis and Kansas City,” the attorneys wrote. “The participation of plaintiffs’ law enforcement officers in federal task forces is important in suppressing violent crime.”

It appears the plaintiffs are arguing the law does what it sets out to do. Because certain governments inside the state of Missouri desire more power than the state government believes they should have, under the federal and state constitutions, does not mean they should be granted that power.

The fight over Second Amendment rights has always been about limitations on government power. An important part of the founding of the United States was the recognition that government power must be limited. 

Progressive philosophy has always been opposed to limits on government power. 

The Supreme Court of Missouri is expected to decide the case this year.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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