Allen Schallenberger, Bear Researcher, .357 Colt Python, a Large Grizzly bear in 1976

 

 

Wildlife biologist and bear researcher Allen Schallenberger reported the details of a successful pistol defense with a .22 H & R revolver, by Chuck Jonkel in 1962. As this correspondent conducted an interview with Allen, he revealed that he had acquired a Colt Python .357 magnum revolver with a four-inch barrel for $60.00 used, in 1963 from a person who previously worked for a sheriff’s department. He needed the revolver as he was working alone on bighorn sheep research in the rugged Sun River Canyon in Montana both summer and winter.

Allen used the .357 three times to fire warning shots to scare away grizzly bears
in the years 1976, 1977 and 1978, while doing grizzly bear research. The bears
were all adults, and one male was also present in a 1977 incident but did not
charge workers until 1978. 

He worked for the Montana Fish and Game Dept. for ten years 1965-74 as a game management biologist out of Choteau on the very rugged and mostly without roads, Rocky Mountain Front extending from just north of Helena to the Canadian Border. He also worked on the plains east to the Sweet Grass Hills. 

 

Allen Schallenberger, Christmas, 1971. 

 In 1974 he did big game and range research for the United States Forest Service in the 123,000- acre Badger-Two Medicine wild area of the Lewis and Clark National Forest just south of Glacier National Park. In 1975 he started doing grizzly bear research in that area and later expanded it to most of the Rocky Mountain Front. In 1977 the research was associated with the University of Montana at Missoula until the end of 1979. The final report of 207 pages was completed in spring 1980. Horses and mules and tents were used in the research, and we were generally in the field from mid- April till late November when most of the grizzlies were in their winter dens. In spring we ran 20- mile snare lines to catch grizzly bears and black bears so we could mark them. The grizzlies got radio collars with transmitters so we could track them from the air and ground until they denned. The snare sites were in aspen patches and a V shaped log snare cubby with smelly road killed deer bait was generally set up about a mile or two apart on the line. The 5/16- inch Aldrich snare cable was tightly fastened to a tree to hold the bears which were caught by a front leg just above their foot. 

The three separate encounters where the .357 Colt Python was fired in defense against bears  happened in 1976, 1977, and 1978. This correspondent interviewed Allen and corresponded with him. Allen checked his field notes and research papers and was able to give these detailed accounts of the three incidents where he fired the .357 Colt Python in defense against bears.

 In Allen's own words starting in the summer of 1976: 

 In the summer of 1976, I was working alone on the grizzly bear research and was on a trip in the Scapegoat Wilderness south of the Benchmark Road end on USFS land. I was riding my saddle horse and leading two pack horses with my equipment and camping supplies. I rode into a small grassy opening suitable for horse feed north of Half Moon Peak at about dusk. I unloaded the two pack horses and turned them loose to graze with hobbles and was starting to unsaddle my riding horse. A very heavy, tall, dark colored grizzly bear appeared walking on the nearby USFS trail about 30 yards away. He made no bad threats and kept walking. I had been out about two weeks and my flashlight batteries were dead. Quickly I threw some stove fuel on dry sticks and got a large fire going for light. I put a double halter rope on my horse so he could not break loose from the tree. I set up my small tent and then I stood outside watching my horses and listening to the bear circle the small clearing breaking sticks. The horses with hobbles were not eating and were pivoting sensing the travel of the bear circling around us. After about two hours, I knew I had to do something to scare away the very large and aggressive bear. I fired six fast shots with my Colt Python and reloaded quickly. The bear left and I tied up all the horses, ate some supper and went to bed in the tent. The horses were allowed to graze the next morning before we headed back to our pickup and trailer at Benchmark Road. The bear’s tracks were in the trail dust for several miles. The front paw print was 8 inches wide which indicates a very big grizzly in Montana. That was the last trip I ever made in grizzly research without a 760 Remington pump 30:06 rifle with ghost ring peep sight and 220 grain loads or a short, barreled Remington 12 gauge 870 with sights and a combination of double 00 buck and slugs along with my revolver and hard cast lead bullets.

The incidents In 1977 and 1978 will be covered in a future article. 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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OH: Cleveland Teen Gun Fight, Victim Wounded, One of Two Suspects Killed

The Cleveland Division of Police are investigating an incident that occurred on the 3800 block of West 31st Street last week involving two 15-year-old suspects and a 15-year-old male victim.

According to Cleveland police, both 15-year-olds knocked on the door of the house on the day of the incident. When the victim answered the door, one of the suspects shot him in the abdomen. 

The victim returned fire striking one of the suspects in the head. The suspect was pronounced dead at a Cleveland hospital on Saturday, March 25.

The other suspect fled the scene unharmed. He was arrested shortly after leaving the property.

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NC Governor (D) Roy Cooper Vetoes Bill to End Jim Crow Era Pistol Purchase Permits

On March 24, 2023, North Carolina Governor Roy Cooper vetoed a Pistol Purchase Permit bill which was passed during the Jim Crow era in 1919. At the time, the Ku Klux Klan was rising in power, and was said to have been influential in the election of President (D) Woodrow Wilson, an stringent racist. 

Critics of the law have claimed it was used as a means of discrimination to keep black people disarmed.

The bill, SB 41, passed with veto proof majorities in the House and in the Senate. 

The Senate has 50 members. 30 of them are Republicans. 

In the House,  there are 120 members. 71 of them are Republicans. 

In North Carolina, 3/5 of each chamber is necessary to override a governor's veto. That is 30 votes in the Senate and 72 votes in the House. Therefore one Democratic vote is needed in the House to override the Governor Roy Cooper's desire to keep the Jim Crow era law in place. Commercial sales of firearms would still be required to be conducted through federally licensed dealers using the FBI National Instant background Check System (NICS). 

Passage of the bill would remove the ability of Sheriffs to delay or deny the sale of pistols. It would also remove some restrictions on the carry of concealed handguns in churches and create a "firearms safe storage" educational initiative.  Here is an overview of the law from the North Carolina legislature:

OVERVIEW: Senate Bill 41 would:

•Authorize an individual who has a valid concealed handgun permit, or who is exempt from obtaining that permit, to carry a handgun in a place of religious worship that is also educational property if:

o The property is not owned by a local board of education or county commission.

o The property is not a public or private institution of higher education.

o The property is not posted with a notice prohibiting carrying a concealed handgun on the premises.

o The handgun is only possessed and carried on the property outside of school operating hours.

•Authorize concealed carry for certain law enforcement facility employees.

•Repeal the requirement to obtain a pistol purchase permit from the sheriff prior to the purchase or transfer of a pistol.

•Create a statewide firearm safe storage awareness initiative to educate the public about safe firearm storage, to facilitate the distribution of gun locks, and to provide local communities with a toolkit to launch local firearm safe storage initiatives. 

At this time, it is not clear when a veto override vote will be taken. 

Paul Valone is  President of Grass Roots North Carolina.

Paul Valone, is well positioned to count votes of the North Carolina legislature.  When this correspondent tallked to him at the Shot Show in Las Vegas, he believed one or more of the Democratic legislators in the House could be convinced to override Governor (D) Roy Cooper's veto. 

 

 ©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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NM: Domestic Defense? Police do not Recommend Charges in the Shooting Death of Dudley Strickland

Police did not recommend any charges against the shooter in a fatal incident on National Parks Highway in Carlsbad earlier this month, turning the case over to the Fifth Judicial District Attorney’s Office for further investigation.

Michael Dudley Strickland, 50, of Carlsbad was shot by a family member near his residence following a fight with the shooter who lived with Strickland at the Carlsbad RV Park in the 4300 block of National Parks Highway on the south side of Carlsbad, police said.

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Fifth Circuit: Ban on Second Amendment Protected Rights by Civil Restraining Order is Unconstitutional.

In the Fifth Circuit, the entire Court has ruled, en banc, that rights protected by the Second Amendment may not be infringed by mere civil restraining orders. The unconstitutional infringement was placed into law by the infamous Lautenberg amendment in 1996. Hundreds of thousands of lives have been turned upside down and ruined by this infamous and unjust law.

In the opinion published by the Fifth Circuit Court of Appeals, Circuit Judge James C. Ho writes a particularly well argued and presented concurrence. The concurrence is worth reading. It is quoted below, without the footnotes:

James C. Ho, Circuit Judge, concurring:The right to keep and bear arms has long been recognized as a fundamental civil right. See, e.g., Johnson v. Eisentrager, 339 U.S. 763, 784 (1950) (describing the First, Second, Fourth, Fifth, and Sixth Amendments as the “civil-rights Amendments”); Konigsberg v. State Bar of Cal., 366 U.S. 36, 49–50 n.10 (1961). Blackstone saw it as essential to “‘the natural right’”of Englishmen to “‘self-preservation and defence. ”District of Columbia v. Heller, 554 U.S. 570, 593–94 (2008)(quoting 1 William Blackstone, Commentaries on the Laws of England139–40 (1765)). 

But the Second Amendment has too often been denigrated as “a second-class right.”McDonald v. City of Chicago, 561 U.S. 742, 780 (2010). In response, the Supreme Court has called on judges to be more faithful guardians of the text and original meaning of the Second Amendment. See N.Y. State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022). Our court today dutifully follows the framework recently set forth in N.Y. State Rifle. It recognizes the absence of relevant historical analogues required to support the Government’s position in this case. I am pleased to concur.

I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence,as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one another.

Our Founders understood that those who commit or threaten violence against innocent law-abiding citizens may be arrested, convicted, and incarcerated. They knew that arrest and incarceration naturally entails the loss of a wide range of liberties—including the loss of access to arms.

So when the government detains—and thereby disarms—a member of our community, it must do so consistent with the fundamental protections that our Constitution affords to those accused of a crime. For example, the government may detain dangerous criminals, not just after conviction, but also before trial. Pre-trial detention is expressly contemplated by the Excessive Bail Clause and the Speedy Trial Clause. And it no doubt plays a significant role in protecting innocent citizens against violence. See, e.g., United States v. Salerno, 481 U.S. 739, 755 (1987) (permitting“the detention prior to trial of arrestees charged with serious felonies who . . . pose a threat to the safety of individuals or to the community”).

Our laws also contemplate the incarceration of those who criminally threaten, but have not (yet) committed, violence. After all, to the victim, such actions are not only life-threatening—they’re life-altering. See, e.g., United States v. Ackell, 907 F.3d 67 (1st Cir. 2018)(upholding criminal stalking law); United States v. Gonzalez, 905 F.3d 165 (3rd Cir. 2018)(same); United States v. Osinger, 753 F.3d 939 (9th Cir. 2014)(same); United States v. Petrovic, 701 F.3d 849 (8th Cir. 2012)(same); see also People v. Counterman, 497 P.3d 1039 (Colo. Ct. App. 2021) (same), cert. granted, _ U.S. _ (2023).

In sum, our Founders envisioned a nation in which both citizen and sovereign alike play important roles in protecting the innocent against violent criminals. Our decision today is consistent with that vision. I concur.

Judge Ho says what many Constitutionalists have been saying for decades. If a person is too dangerous to have arms, they are too dangerous to be on the streets.  At present, the Biden administration has chosen not to appeal this Fifth Circuit decision to the Supreme Court of the United States.

Opinion:

The decision to not appeal this case to the Supreme Court may be an attempt to delay a Supreme Court ruling on the constitutionality of banning the exercise of rights protected by the Second Amendment with a mere civil restraining order. Many times more people have their rights infringed with a civil restraining order than are ever convicted of domestic violence. People have had their lives destroyed by this evil and unconstitutional law. If you are willing to have your blood pressure raised with pure injustice, read of the case of Tim Emerson, M.D. Emerson was the first federal case since Miller to affirm the Second Amendment as an individual right. However, because of the Lautenberg amendment, Emerson was unjustly convicted, impoverished, jailed, put on a sex offender list, and denied the most basic rights. This was a decade before the Heller decision, when the courts were still dominated by Progressive judges.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Gunfight, Retired Officer and Burglary Suspect, Both in Hospital

HIGHLANDS, Texas (KTRK) -- A 64-year-old retired Baytown police officer confronted a burglary suspect in his neighborhood, leading to a shootout on the side of a busy road in Highlands, according to the Harris County Sheriff's Office.

It all started Tuesday morning when a suspect was caught on surveillance camera barging through the backdoor of a home in the Highland Crossing neighborhood.

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Kentucky Legislature Passes Second Amendment Protection Act

Kentucky Capitol from wikipedia

On March 15, 2023, House Bill 153 was sent to Democrat Kentucky Governor Beshear for his signature or veto. The Governor may ignore the bill as well. House Bill 153 orders state and Kentucky government employees not to cooperate with federal officers in the enforcement of federal firearms statutes, rules, or regulations passed after January 1, 2021.  Such rules are expected to include the new BATFE rules on pistol braces and the new rule on the definition of what is considered a firearm. The bill is only enforceable on Kentucky state employees. It also forbids the expenditure of public funds for the same purposes. From House Bill 153:

 A person commits an offense under this section when, while acting in his or her official capacity under color of law, he or she knowingly violates this section. An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense. 

 6) A person who knowingly commits an offense under this section shall be subject to from employment to the extent allowable under state law.

(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or 

(b)The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.

7) Nothing in this section may be interpreted to prohibit or otherwise limit a law enforcement agency, law enforcement officer, employee of a law enforcement agency, public agency, public official, employee of a public agency, or employee of a local government from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:

(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or

(b) The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.

        (8 )This section shall be retroactive to January 1, 2021.

House Bill 153 was very popular in the House, passing 78 to 19 on February 22. In the Senate, it passed 27 to 9 on March 15, 2023, then was enrolled by the Speaker of the House and the President of the Senate and sent to Governor Beshear on the same day. Three Republicans joined six Democrats to vote against the bill in the Senate.   The bill depends on the long-standing anti-commandeering doctrine of the United States Supreme Court. The federal government may not command states to perform tasks the federal government wants them to do, such as enforcing federal laws.

The Supreme Court ruled, to allow the federal government to do so would violate principle of federalism, where both the federal government and the state governments have sovreignity in their respective areas.  The Supremacy clause of the Constitution does not override this dual sovereignity. If it did, the federal system would collapse into a system where the states had no effective power separate from the federal government.

No determination of constitutionality is necessary to invoke the states' power under the anti-comandeering doctrine. The state has the power, under the Constitution, to use its resources as it sees fit.

The Kentucky law is similar to the Missouri Second Amendment Protection Act (SAPA) but differs in important details. The Missouri act was recently struck down by federal district court judge Brian Wimes. The decision is being appealed.

Democrat Governor Beshear has 10 days, excluding Sundays, to act on a bill once it is received. If the governor vetos the bill, the legislature may override the veto with a majority vote in both houses.  Governor Beshear won the governorship by a razor thin margin of 4,700 votes in 2019. Many believe the votes for Liberterian candidate, John Hicks, 28,433, made the difference which elected Beshear.

The legislative session may not extend beyond March 30 in 2023. Legiscan reports the bill was delivered to Governor Beshear on March 15. It appears action must be taken by the governor or the bill will become law without his signature on March 28, giving the legislature a short opportunity to override a veto, if the bill was vetoed on March 27, 2023.

An election for governor in Kentucky will be held on November 7, 2023, with primaries held on May 16, 2023.

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

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KY: Homeowner Shoots Man Attempting to Break-in

In a release, Wayne County Sheriff Tim Catron said the shooting happened at a home off of Highway 3284 just before midnight on Saturday.

Police believe the man was attempting to forcibly enter the home when the homeowner shot him.

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How recorded defensive use of pistols against bears has grown

Grizzly bear downed at 10 feet by Jimmy Cox with a 10mm pistol 

As the research into how effective pistols are when used as a defense against bears has progressed, a startling progression has been observed.

The recorded use of pistols in defense against bears has grown by two orders of magnitude in recent decades. 

As pistols came into common use, they were almost certainly used in defense against animal attacks. Portable, reasonably reliable pistols which could be used as a defensive weapon against an unexpected attack, were not available until about 1534, when wheellock pistols became available.  They were relatively expensive.  Arms of the period were commonly privately owned. It is very likely some were used in defense against animals. Europe, at the time, had much wild land. Bears, except for those in captivity, had been eliminated from England. Wild bears still existed on the mainland of Europe. While the use of wheelock pistols against bears probably happened, this correspondent has not seen any records to document it.

The development of the flintlock, then the percussion pistol and revolver made the use of a pistol in defense against a bear much more likely. Pistols became less expensive and more common. Bears were becoming uncommon in much of Europe by 1820. The author recalls an account or two where flintlock or percussion pistols were used as secondary weapons on bear hunts in North America.  Starting in 1836 (effectively the 1840's) revolvers added the potential of more firepower. Records are sparse and difficult to document from the era.

The database is limited to handguns which use self contained cartridges.

Link to previous article listing where pistols were fired in defense against bears.

As a defense against bears, handguns came into their own with the development of the self contained cartridge.  The .44 Russian (1870), .45 Colt (1872), 10.55x25 Reich Revolver (1879), and .455 Webley (1880) cartridges are all sufficiently powerful to be used in defense against men and bears. All were developed as state of the art military black powder cartridges of their day.  All of them were traditionally fired in revolvers with six round cylinders.

The earliest  documented case in our database of pistol defenses against bears occurred near the California/Oregon border in the 1890's. The caliber was .44, in a Colt revolver. It was almost certainly a .44-40, introduced in 1873 as the .44 Winchester Center Fire. It was first chambered in the Colt Single Action revolver about 1878. It became immensely popular, as it could be shot in both the revolver and a companion Winchester rifle. There were a few other .44 caliber cartridges chambered in Colt revolvers, such as the .44 American and .44 Russian, so we cannot be absolutely certain it was a .44-40. The .44-40 was the second most popular cartridge for the Colt. The others are rarely encountered.

From the 1890s to 1960 the recorded events of pistol defenses against bears are flat. The average is one per decade. 

Seven decades, seven recorded defense events. None were recorded and found during the decade from 1910 to 1919. Two were recorded and found from 1930 to 1939. The other five decades had one each.

Many important advances occurred during those seven decades in both firearm and information technology. Handguns became relatively cheaper, more powerful, and ammunition became cheaper, cleaner and more powerful. The 9x19 (9mm Luger) was developed in 1900, the .45 ACP in 1909, the .357 magnum in 1935, the .44 magnum in 1956. The availability of print media exploded. Radio networks, then television became common. Populations of both people and bears expanded.

From 1960 to 1969 there were six defensive uses of pistols against bears recorded, only one less than the total during the previous 70 years.  

From 1970 to 1979, there were eight. From 1980 to 1989, there were eight. From 1990 to 1999, there were a dozen recorded. During the 1990's the information age dawned. The invention of the World Wide Web in 1989, and the release to the public, of the first web browser in 1991, combined with the rapidly expanding Internet, made access to enormous quantities of information by most people easy, cheap, and fast.

From 2000 to 2009, there were 40 cases recorded where pistols were used in defense against bears. From 2010 to 2019, there were 67 cases.

Almost certainly, from 1870 to 1960, there were many cases where handguns were used effectively against bears, which were not recorded and published, or if published, have not been found. If they were recorded in a trapper's diary, they were not published. If they were published in an obscure local paper, they are not available on the Internet. A man, using a .22 rimfire, a .38 special,  a .45 ACP or a .455 to defend against a bear in 1930, while trapping in Alaska or Canada, might not talk to more than a few people for months. If they were not injured, they probably would not consider the incident extraordinary or newsworthy.  If they were in the Soviet Union, access to a pistol meant they were probably a member of the Communist Party, and bear attack information would be a state secret, as was information on wolf attacks.

This correspondent believes there are many defensive uses of pistols against bears which are not recorded or reported.  If a resident of remote Alaska pops an aggressive black bear, there is little incentive to fill out a Defense of Life and Property form. Even if they do, it would not be considered newsworthy, and would be unlikely to be published. The Defense of Life and Property forms are protected by privacy concerns. Grizzly bears are another matter. Because of severe penalties for killing grizzly bears, people are more careful when they are shot. Many are categorized as licensed hunting kills. This correspondent believes there are many defensive uses of pistols against bears which are not recorded or reported.  If a resident of remote Alaska pops an aggressive black bear, there is little incentive to fill out a Defense of Life and Property form. Even if they do, it would not be considered newsworthy, and would be unlikely to be published. The Defense of Life and Property forms are protected by privacy concerns. Grizzly bears are another matter. Because of severe penalties for killing grizzly bears, people are more careful when they are shot. Many are categorized as licensed hunting kills. Such kills seldom make the news. Two such incidents have come to the attention of this correspondent. One made news. The other did not, and came to light only because the person involved had to shoot another grizzly in self defense.

Pistols have become far less expensive, in more powerful calibers. Less expensive ammunition has made effective practice more affordable. Bear populations and human populations have grown. All these things contribute to more incidents where pistols are fired in defense against bears.

The most important thing is the extraordinary speed of information flow today compared to 150 years ago. This correspondent believes the speed of information is the most significant component, as more and more of existing bear defensive uses are recorded and published.

If readers know of an incident where a pistol was fired in defense against a bear, please contact AmmoLand so the incident may be considered as an addition to the database.

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

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GA: Domestic Defense, Man Shot who Attacked Elder

A Bulloch County man who was shot during a domestic incident faces arrest after he is released from medical care.

According to a release from Bulloch County Sheriff’s Office Chief Deputy Bill Black, deputies, investigators and K-9 units from the Sheriff’s Office were called to the residence at 23257 Highway 80 West about 4:45 p.m. Tuesday for a reported domestic dispute involving several subjects. The home is located between Hopulikit and Portal.

After arriving at the scene, Black said it was determined that the primary aggressor, Michael William Sutton, had sustained a gunshot wound and fled the area.

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GA: Smyrna Woman shoots, Kills Intruder

SMYRNA, Ga. — A woman shot and killed a man in self-defense at her Smyrna apartment on Thursday night after he shattered her window and forced her way inside, according to investigators.

Police said no charges will be filed and that it appears the two did not know each other.

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Book Review and Bear Defense: Salmon on My Mind

Salmon on My Mind, by Francis E. Caldwell, 197 p. Lighthouse Press, 2004

Salmon on My Mind is the last book written by Francis E. Caldwell, known to most as Frank. The book is an autobiographical account of the adventures and life journey of Frank, from the time he is returning to the United States after a tour in the Navy during World War II, to his acquisition of a dedicated salmon troller in 1959, trailing off with explanations of what happened in later years, up until 2003.

The book offers rare insight into life in Alaska from 1950 to 1960, which is the major portion of the book. The hardships and difficulties encountered in work and daily life are fascinating and instructive. They seem remote from the current reality of cell phones with GPS and our Internet based society of crowded cities and  enormous state and federal welfare/safety nets. They seem as remote as late 1800's ranch life. Biographical works by ordinary people give current readers needed perspective on our past.

Of particular interest to this correspondent is Frank's deadly encounter with a grizzly bear while duck hunting in Alaska, in 1952. It adds to the growing number of cases where a bird hunter used bird shot against an attacking bear with deadly effect. Frank and a friend, Paul White, were hunting at the head of Boca de Quadra, a bit south of Ketchican. They spotted a flock of goldeneye ducks, and made a plan to get within range of the birds. The plan involved rounding a long spit of land in their skiff, then crossing the spit to come up on the ducks. Paul was running the outboard motor. As the skiff grounded on the beach, Frank jumped out to tie up the boat to an alder at the edge of the brush.

From page 124 of Salmon on My Mind: 

I carried a Remington pump shotgun. Paul had a rusty, beat-up 30-40 Craig.  He was running the motor. As the skiff's bow ground on the beach, I jumped out, the painter in one hand, shotgun in the other.  The tide was out and it was 50 feet to the nearest alder that I could that I could tie the bow line to.

As I walked up the beach, a bear tore out of the brush and came charging down the beach straight at me. Gravel sprayed from the bear's feet. I'd never shot a bear before in my life, but I had been a hunter since age six, and I had always been handy with a gun.  Without even thinking, or knowing what I was doing, I dropped the painter, flung up the gun, held back the trigger and worked the slide action until the firing pin went click, click, click.

The bear went down in a heap, its front legs spread-eagled. I reloaded, but the bear never moved. Paul was still in the skiff, his mouth hanging open. "I'll be damned. I'll be damned," Paul repeated over and over.

Paul paced off the distances. The bear had emerged sixteen paces from Frank. The dead bear was only six paces. Frank shot the bear with three charges o number 6 shot duck loads, which would ordinarily be 1 1/4 ounce loads, at the time.  The account shows how deadly bird shot can be. Frank was shooting at the head, which absorbed most of the shot charges.  With hundreds of pellets impacting the mouth, nose, and eyes of a charging bear, it is not hard so see that some of them reached the brain.  Closely packed pellets often follow  existing wound tracks from a leading pellet, and extend it. 

Paul said he never knew what was happening until he heard Frank shoot. He looked up and the bear was going down.

Frank says the pump shotgun was a Remington. This correspondent wonders if it was a Remington model 31, known for its extremely smooth action. The Remington 870 had just come out in 1950. It has a disconnector. Either shotgun is capable of extremely rapid fire.

The detailed accounts of Frank's everyday adventures in the panhandle of Alaska from 1950 to 1960 are inspiring and entertaining.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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GA: Homeowner Shoots, Kills Intruder

DEKALB COUNTY, Ga. — A man is dead after police say he tried breaking into a DeKalb County home early Thursday morning.

Investigators interviewed the homeowner, who they say shot and killed the intruder.

One neighbor told Channel 2′s Steve Gehlbach that she heard two loud blasts and detectives said the homeowner used a shotgun.

 

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Sonic Crack , .22 LR and the Transonic Zone: Fun Experiment

 

 

Shadowgram of bullet traveling at supersonic speed by Settles1

At what velocity does a .22 bullet traveling through the air start producing a miniature sonic boom?

In a recent discussion online, people who have studied the effect noted aircraft start to encounter related turbulence effects long before they reach the speed of sound.  In addition, the speed of sound in air varies with the temperature of the air.  Thirdly, any lot of ammunition produces a range of velocities. It is exceptional ammunition in which the range from the average to the maximum is less than 25 feet per second (fps). It is not uncommon for .22 LR ammunition to have a maximum velocity of 50 fps above the average for 50 shots.

Part of the theory of a transonic zone is that the production of a super sonic shock wave is not an instantaneous event as a projectile breaks the speed of sound.  Turbulence starts producing supersonic effects before a projectile exceeds the speed of sound. Turbulence creates a distribution of waves, some of which are supersonic shock waves, even though the projectile is traveling below the speed of sound.

It was suggested, to avoid the distinctive noise of a "sonic crack" while shooting a .22 fitted with a suppressor, the average speed of .22 ammunition should be less than 1,000 fps.

The experience of this correspondent has been: when a suppressor is being used, the noise of a sonic crack is easily discerned from subsonic muzzle blast.  This correspondent has available: a reasonably good chronograph, .22 ammunition which has demonstrated velocity distributions on both sides of the speed of sound; and suppressors.  A simple experimental procedure was developed. Shoot 25 rounds of the ammunition through a rifle with a good suppressor.

Record the velocity and subjective properties of the sound associated with each shot, for later analysis.

To make the sonic crack more detectable, the experiment was conducted on a calm day. Large flat surfaces were only a few yards away, to facilitate reflection of sound and to magnify small sonic booms in the ears of the shooter.  The temperature was 72 degrees Fahrenheit.

While an instrument was used to measure the velocity, the human ear was used to characterize the sound of the shot. The use of a suppressor is critical. Suppressors significantly diffuse and reduce the muzzle blast. Most of the noise produced by a shot is either from the muzzle blast or from the sonic crack produced by the bullet. Without a suppressor, gases produced by a shot may leave the muzzle at supersonic velocities.  With a suppressor, the two sounds are fairly distinctive. The muzzle blast is more spread out and diffuse; the sonic crack is a sharper, distinct sound.   This makes detection of the sonic crack easier, as it becomes the major component of the noise of the shot.

25 shots were fired, the velocity of each shot measured, and notes taken on the character of the noise of the shot. Here are the results. There were three clear groupings. Velocities were measured in feet per second:

Group 1, no detectable sonic crack. Velocities of individual shots:

1031, 1036, 1047, 1053, 1058, 1058, 1065, 1071, 1085, 1085, 1092

Group 2, some increase in sound, where a sonic crack was thought to be detected. The effects were much less than the diffuse muzzle blast. Velocities of individual shots:

1095 - hint of increase, 1099 - slight increase, 1101 - hint of snap, 1102 - hint of increase, 1109 - slightly louder, 1109 slightly louder, 1109 - hint of increase.

Group 3, sonic crack clearly detected. Velocities of individual shots:

1114 - yes, 1117 - yes, 1123 - yes, 1126 - yes, 1151 - yes.

The transonic zone effect for .22 LR is real and detectable.  One obvious finding was the effect becomes more significant the closer to the speed of sound the projectile is traveling. From 35 fps below the speed of sound to 21 fps below the speed of sound, the sonic crack was detectable, but the magnitude was much less than the sound of the already low muzzle blast.  From 16 fps below the speed of sound on up, the sonic crack became the dominant sound of the shot from a suppressed .22 rifle. The sound level increased as the speed of sound was approached. The shot at 1151 fps was noticeably louder than the shot at 1126 fps.

At 72 degrees the speed of sound is within 1-3 fps of 1130 fps.  Inside the atmosphere, where humans are comfortable without oxygen gear, pressure has no serious effect on the speed of sound. Humidity has a small effect, accounting for the 1-3 fps variation at sea level and room temperature.  Above 20,000 feet, the effect of humidity can double to as much as 7 - 8 fps.  Temperature causes much larger variations. The higher the temperature, the greater the speed of sound. At 100 degrees F, the speed of sound is 1158 fps. At 70 degrees it is 1128 fps. At freezing (32 F) it is 1087 fps. At 40 degrees below zero, (both Fahrenheit and Celcius) it is 1004 fps.

The measurements of this quick experiment indicate, for .22 ammunition, if the velocity is kept more than 35  fps below the speed of sound, transonic effects will be difficult to detect.  Up to 21 fps below the speed of sound, the effects will be small.

To avoid noise created by transonic effects:

If the temperature is above freezing, the velocity of .22 LR bullets should be kept 21 fps below the speed of sound, or 1087 - 21 = 1066 fps.

If the ammunition demonstrates a max velocity of 50 fps above the average, the average velocity need to be 50 fps less, or 1016. If the maximum for the ammunition lot is only 30 fps above the average, then the average could be 1036.

The obvious solution, as suggested in the online discussion, when sound effects are critical: Keep the average velocity below 1000 fps, and use ammunition which is consistent.

For most shooters, an occasional low level sonic crack will not produce significant effects.

This experiment is simple and easy to do. If the shooter has access to an indoor range, speed of sound effects should be even easier to detect.

In the spirit of scientific inquiry, this correspondent welcomes all efforts to duplicate these results.  A chronograph, a .22 with a suppressor, and a quiet place to conduct the experiment are needed.  An obvious improvement would be to use someone with excellent hearing to determine sound variations. Please contact AmmoLand with your results. Good record keeping is essential in a scientific endeavor.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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MA: Followup - February 7 shooting of Joseph Garrison was Justified

Baltimore Police detectives have determined a February 7 shooting was justified in an attempted robbery.

According to police, 42-year-old Joseph Garrison attempted to rob a 24-year-old male who used a licensed handgun to shoot and kill Garrison in self-defense.

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CA: Knife Rights Files Second Amendment Lawsuit: Switchblade Ban Violates Second Amendment

Flylock switchblade made 1918 to 1929.  3 3/8 inches long, closed.

 

Knife Rights has launched a lawsuit against the state of California, claiming California law (Cal. Penal Code §§ 17235, 21510, and 21590),  which bans the possession, carry, sale, loans, transfers and gifts of automatically opening knives with blades of two inches or more, violates the Second Amendment of the Bill of Rights.

This correspondent has expected such lawsuits since the unanimous decision by the United States Supreme Court in Caetano. The decision, made an unequivocal statement: 

 PER CURIAM.

The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v.Chicago, 561 U. S. 742, 750 (2010). In this case, the Supreme Judicial Court of Massachusetts upheld a Massachusetts law prohibiting the possession of stun guns after examining “whether a stun gun is the type of weapon contemplated by Congress in 1789 as being protected by the Second Amendment.” 470 Mass. 774, 777, 26 N. E. 3d 688, 691 (2015).

All arms clearly includes automatically opening knives, such as "switchblades", or other common designs. From the complaint : 

There can be no question that knives are “arms” protected under the plain text of the Second Amendment because the “Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111at2132 (2021) (quoting Heller, 554 U.S. at 582). And indeed, the Supreme Court made clear in Bruen that the Second and Fourteenth Amendments protect the right to acquire, possess, and carry arms for self-defense and all other lawful purposes—inside and outside the home.

The Bruen decision, published on June 22, 2023, set forward a clear method to decide Second Amendment cases.  As with other rights in the Bill of Rights, no means-ends arguments are to be used. If the actions in dispute are implicated by the text of the Second Amendment, it becomes the burden of the State to show, with historical records, that such laws were longstanding and accepted at the time of the ratification of the Second Amendment, or to a lesser effect, what was in place at the ratification of the Fourteenth Amendment. From Bruen p. 15:  

When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.

The Supreme Court has made clear: History near the time of ratification (1791) is the most important. History near the time of ratification of the Fourteenth Amendment (1868) has much less importance. History after 1900 is not to be considered at all.

The California ban only dates to 1957. It appears to have been passed as part of the media frenzy against switchblade knives in the 1950s. 

The logic in the Knife Rights lawsuit appears clear and unassailable:

• Switchblade knives are in common use for legitimate purposes.
   
• Switchblade knives are arms protected by the Second Amendment.
   
• Therefore, the law burdens conduct protected by the Second amendment.
   
• California law bans possession of switchblade knives.
   
• The law only has a history back to 1957.
   
• There is no longstanding, accepted history of banning switchblade knives from the 1791 era or the 1868 era.
   
• Therefore, the California ban violates rights protected by the Second Amendment and is unconstitutional.
  

Analysis:

Those who desire a disarmed population are not concerned with the Bill of Rights. Their world view is based on means-ends and the preservation of power.

This correspondent sees these likely attacks against the logic of the complaint:

1. They will claim switchblade knives are "dangerous".

2. They will claim switchblade knives are "unusual". 

3. They will claim, therefore, switchblade knives are not arms protected by the Second Amendment. 

4. They will use "means-ends" arguments, claiming the state has a rational reason to ban switchblade knives. 

In a previous AmmoLand article, a Pennsylvania judge claimed switchblade knives did not serve a legitimate common purpose.  

Appellant was free to possess an instrument with a common lawful purpose and use that instrument for the lawful purpose of self-defense. Instead, Appellant possessed a switchblade. While it is conceivable that Appellant possessed a switchblade for self-defense, that is not the switchblade’s common purpose. Hitchon, 549 A.2d at 946; Ashford, 397 A.2d at 423. Accordingly, we reject Appellant’s constitutional claim; he is entitled to no relief. Judgment of sentence affirmed.

The Pennsylvania judge's decision did not create precedent.  It shows the mindset of judges who want to ban weapons and do not respect the Second Amendment. 

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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IN: Elisha Dicken Honored as Citizen of the Year for Stopping Mass Murder

GREENWOOD — The City of Greenwood took time this week to honor the man responsible for stopping the gunman inside the Greenwood Park Mall in July.

Greenwood Mayor Mark Myers chose Elisjsha Dicken as the 2022 recipient of the Citizen of the Year Award for the city.

In his nomination letter, Myers recounted what occurred on July 17 inside the mall and shared thanks for the fast action of Dicken.

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PA: Domestic Defense, Ex shoots Women, Fiance Shoots Ex

Once arriving on the scene, investigators say they found William Morgan, Evan’s fiance, on the front porch, covered in blood, and holding a handgun. He then told officers that he shot Kruk in self defense, investigators stated.

Through further investigation, it was discovered that Kruk went to the house in an attempt to get back together with Schimelfenig. Police say the conversation between Kruk, Schimelfenig, and Evans ended with Kruk firing a pistol, and hitting both women.

Morgan then allegedly chased Kruk and the two exchanged gunfire. In the end, Kruk was fatally shot by Morgan and he was pronounced dead on the scene, police say.

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FL: Eleventh Circuit Three Judge Panel Finds Ban on Sales to 18-20-Year Olds to be Constitutional, En Banc Panel Plausible

 Five years ago,  on March 8, 2018, Florida Governor Rick Scott signed into law Senate Bill 726. The law forbade residents of Florida 18-20 years old from purchasing firearms from federally licensed dealers. On the same day, the NRA sued the state of Florida ( in the office of Attorney General, then Rick Swearingen) claiming the law was unconstitutional under the Second Amendment. On June 21, 2021, the District Court Judge ordered summary judgement against the NRA, and for the State of Florida, finding the purchase ban on long guns against residents 18-20 years old, did not violate the Second Amendment.

The NRA appealed the case to the Eleventh Circuit Court of Appeals in July of 2021. About two  years later, on June 22, 2023, the United States Supreme Court issued its opinion in the famous Bruen case, reaffirming the Heller decision and giving a clear procedure for courts to follow in order to determine if a law was unconstitutional because it violated the rights protected by the Second Amendment. 

The Bruen case undermined the reasoning in the District Court decision to claim the Florida ban on sales to 18-20 year olds was Constitutional.

On  March 9th, 2023, five years after the Florida legislation was signed, a three judge panel of the Eleventh Circuit issued an opinion against the NRA and upholding the District Court. 

Analysis:

The opinion of the three judge panel appears to be poorly reasoned. The first thing mentioned in the opinion is not a reference to law, but the logical fallacy of an appeal to emotion, listing tragedies which happened long after the ratification of the Second Amendment, and several years after the ratification of the Fourteenth Amendment.

The timing of the incidents is no accident, as the opinion makes a claim opposite of what is demanded by Bruen. From the opinion:

A.Historical sources from the Reconstruction Era are more probative of the Second Amendment’s scope than those from the Founding Era.

Bruen holds that historical sources from the founding era are more important than sources after the ratification of the Fourteenth Amendment. 

Those who seek to minimize the rights protected by the Second Amendment wish to use laws passed during or after Reconstruction, when many states worked to restrict the rights of minorities, because the Supreme Court refused to enforce the Bill of Rights against the State governments, under the Fourteenth Amendment. 

The Supreme Court has made clear, the rights protected by the Second Amendment are the same under the Federal government, as under the state governments. In 1791, when the Second Amendment was ratified, there were no federal or state laws prohibiting 18-20 year olds from purchasing firearms. In 1792, the first congress passed the militia act, requiring members of the militia, who included 18-20 year olds, to acquire firearms for militia duty. Obviously, in order to acquire them, they had to get them from some source. The most common way would be to buy them. 

The Supreme Court, in Bruen, made clear: Once the clear text of the Second Amendment is implicated, the burden falls on the government to prove there were widespread and accepted statutory restraints in history which are very similar to the restraints the government is defending. In the ban of purchase by 18-20 year old residents of states, no such historical analogies or precedents exist. 

Just hours after the decision of the three judge panel was published, an order was issued in the case, withholding the issuance of the mandate. 

This means a judge on the Eleventh Circuit Court of Appeals is calling for a poll of the judges on the Eleventh Circuit, to see if they are willing to accept the decision of the three judge panel. This is not a common tactic, but has become much more common for Second Amendment cases. 

If a majority of the judges (it appears there are 12 active judges in the Eleventh Circuit) votes to hear the case en banc, it will be heard en banc.  The three judge panel already made their decision. Seven votes are needed to hear the case en banc.

We should know in a few months if the case will be heard en banc. If it is not heard en banc, it is highly likely to be appealed to the Supreme Court, which may or may not decide to hear the case.

If Florida passes a statute, now being debated, which restores the right of 18-20 year old residents to purchase firearms from federal dealers, the case would likely be rendered moot, and no further procedures would be necessary.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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A judge can ask for a poll of the other judges for a en banc review.  

A judge withholds issuance of the mandate in this appeal.

TX: Gunfight in Garland, Two Home Invaders Break in, are Shot, Killed

Two suspected burglars were found dead at a Garland apartment complex after a man said they broke into his apartment and began firing shots. The resident returned fire, fatally shooting both, police said. 

Just after 2:30 a.m. Saturday, Garland police were dispatched to a burglary in progress where gunshots were fired. 

Police responded to Woodlands at The Preserve, an apartment complex in the 4300 block of North Garland Avenue.

More Here

Quiet Gun Shots

Everyone who has listened to gun shots in close proximity knows some cartridges are much louder than others. In the other direction, some cartridges are much quieter than others. 

Everyone understands a .22 LR out of a rifle is much quieter than a .338 magnum out of a rifle. 

Not as widely understood, loads for the same cartridge vary widely in how loud gunshots are perceived. The .22 Long Rifle cartridge is a good example. The highest energy .22 LR cartridges, such as the Aguila Interceptor and the CCI Velocitor, are much louder than CCI Standard Velocity, even though all are firing 40 grain bullets.  Further down the scale, the CCI Quiet .22 load is much quieter with a 40 grain bullet than the Standard velocity. The 29 grain CB load is even quieter. The Aguila 20 grain primer powered Super Colibri  load is still quieter. It makes less noise than many pellet guns.

A key difference in how loud a load sounds is whether the bullet goes supersonic or stays subsonic. To be very quiet, a load must operate in the subsonic area. Projectiles should have an average muzzle velocity of 1070 fps or less to reliably stay sub-sonic.  The speed of sound depends on the temperature. At 70 degrees Fahrenheit, the speed of sound is 1128 feet per second. At freezing (32 F), the speed of sound is 1087 fps. At 100 degrees F, the speed of sound is 1158 fps.

For a particular load in a particular cartridge, the length of the barrel makes a considerable difference in how loud the discharge of the cartridge sounds.

An Aguila 20 grain Super Colibri can sound loud out of a short barreled pistol, and quiet out of a rifle.  

To have quiet loads in any caliber, without using a silencer/suppressor, the key is to have a subsonic load fired in a long barrel. To reduce the noise of the gunshot, a fast powder works better, quickly building pressure to accelerate the projectile, then dropping pressure as the projectile moves to the muzzle. To reduce the noise of the shot, it is best if the projectile  loses a few feet per second in the last inches of the barrel, with the internal pressures dropping and the gases inside the barrel losing temperature.  The lower the pressure of the gases behind the projectile, when the projectile leaves the muzzle, the quieter the shot will be.

A long barrel is, essentially, a sort of suppressor. Powerful projectiles can be quiet, out of long barreled guns.

158 grain or 148 grain cast bullet loads in .38 Special or .357 cases, with 2.5 grains of a fast burning powder such as Bullseye or Red Dot are very quiet out of barrels 22 inches long, or longer. Velocity is reported to be about 800 fps.  Lubricated lead bullets are quieter than copper jacketed bullets, because copper jackets require more pressure to push them through the bore.

The loads do not require small capacity cases. A correspondent tells me a 315 grain cast lead bullet, out of a 25 inch .416 barrel, propelled by 5-8 grains of Red Dot, is subjectively about as quiet as as an air rifle. Velocities vary between 700 and 900 fps.  

There is a a good discussion on these types of loads, from 2009, at go2gbo.com. Here is an example:

cat sneeze loads are pistol rounds fired in a rifle just under sonic speeds (700-800 fps) 3.5 grains of bullseye and a 140-200 gr semi wadcutter in my 357 handi rifle sounds like an air rifle , long barrel attenuates muzzle blast but still hits with SERIOUS authority, accurate 1-2 inch groups at 20-50 yards
economical and quiet way to fill stewpot! Grin and pest control is serious fun!

Subsonic shotgun loads in long barrels are also relatively quiet. 1 1/8 ounces of shot propelled by 6-7 grains of Red Dot is subsonic and said to be effective to 20 yards with #8 pellets. If loaded with # 4 pellets it should be effective to 30-40 yards. The longer the barrel, the quieter it is.

CCI has had great success with its Quiet .22 loading.  Perhaps a manufacturer will come out with a Quiet 12 gauge load for use on pests when one wishes not to disturb the neighbors.

Light loads can be very effective on pests at close range.  A 158 grain .38 at 800 fps, from a rifle, is a practical load to 75 yards, more if you are a good judge of distance.  Large animals can be taken with proper shot placement.

Notice: An important consideration with low velocity, low pressure loads, is to be sure the projectile leaves the barrel. Always check if you are uncertain.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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PA: Gunfight with Suspected Car Thieves, Suspect Wounded

An 18-year-old man was shot four times after he got into a gun battle with the owner of the car he was trying to steal in Northeast Philadelphia, police said. 

Police said the 18-year-old and a second suspect were trying to steal a Toyota sedan along the 4400 block of Princeton Avenue around 3:30 p.m. on Thursday. The two suspects went inside the car when the vehicle’s owner, a 26-year-old man, heard the commotion and exited his home, according to investigators. 

The 26-year-old man was armed with a gun. Police said the 18-year-old man – who was also armed – exited the vehicle and the two men got into a shootout. Police have not yet determined who fired first.

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SC: Followup, Judge finds Tunisia Monique Bryant acted in Self Defense in Shooting of Javion Tyrese Ford

More than three years after a woman shot a 20-year-old man to death outside a Ladson gas station, a judge granted her immunity from prosecution after determining she acted in self-defense.

Tunisia Monique Bryant shot and killed Javion Tyrese Ford on Aug. 15, 2019, at the Scotchman gas station at the intersection of U.S. Highway 78 and Von Ohsen Road. The 39-year-old woman cooperated with authorities at the scene. She was charged later that day with murder and a weapons offense, according to court documents.

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TX: Woman Claims Self Defense in Lubbock Shooting of Gomesindo Perez

A police report was released Monday. It stated that a woman who was “in a dating relationship” with Perez called authorities and said he was beating and choking her. The woman told authorities that she shot Perez, according to the report.

 Police previously said it appeared that Perez “was involved in an altercation inside the home and was shot.”

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OK: Shooting of Matthew Harvey was Likely Self Defense; Shoot charged as Felon in Possession of Firerarm

On Thursday, the Oklahoma City Police Department responded to a shooting at Southwest 74th Street and South May Avenue. Police said a man shot and killed his roommate, 20-year-old Matthew Harvey.

Police said the man isn't behind bars because of the shooting, but he was arrested for possession of a firearm after a former conviction of a felony.

“It sounds like in this case, much more likely perhaps, there was a valid self-defense claim, and the authorities want to do their due diligence and investigate all the facts before presenting facts to the district attorney's office," Clay Curtis, a criminal defense attorney, said.

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KS: Followup, Garden City Shooting was Self Defense

On March 6, a man from Garden City died after an argument with family members ended in a shooting in the 2600 block of N. 3rd.

The Garden City Police Department and the Finney County Attorney agreed the evidence available provides probable cause that the suspect acted in self-defense.

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AL: Shooting of 43-Year-Old Tibaous Giles investigated as Self Defense

The Tuscaloosa Violent Crimes Unit is investigating a possible self-defense shooting that killed a 43-year-old man Monday night in Tuscaloosa.

At around 8 p.m., officers with the Tuscaloosa Police Department were dispatched to the 300 block of 24^th Street after a shooting was reported. Tibaous Giles was found dead on the scene, said Capt. Jack Kennedy of the Tuscaloosa Violent Crimes Unit.

 

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MI: Robber Demands Wallet, Receives Bullets

On Feb. 8, Shot-Spotter detected three gunshots in the parking lot of Carmen’s Delicatessen in Detroit. Police officers rushed to the scene and were flagged down by two people, they said.

One man approached officers with his hands over his head and told them he owns a concealed pistol license. He said he had fired a shot in self-defense while being robbed outside the store.

The man told police that he and his friend had gone to the store that night and noticed an old man and a young man talking outside. The younger man was wearing a blue Detroit Lions jacket and a ski mask. He was later identified as Joshua Fordham, the criminal complaint says.

 

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TX: Burglar Charges Owner, is Shot, Killed in Liquor Store

According to San Jacinto County Sheriff Greg Capers, on Wednesday, March 8, a burglary suspect was fatally shot inside the store by the store owner. The sheriff’s office dispatchers received a 911 call at approximately 5:20 a.m. from a male stating that his business, Frank’s Liquor, was actively being burglarized.

Multiple deputies, including a patrol supervisor, responded immediately. While en route, dispatchers advised the responding units that the burglary suspect had been shot by the store owner.

Deputies arrived on scene moments later and found the alleged burglar lying on the floor of the business with a single gunshot wound. Allegiance Mobile Health arrived on scene shortly after and began performing medical care to the male subject. The subject was transported by EMS to a Cleveland hospital where he subsequently was pronounced deceased.

 

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NV: Man Shoots, Kills dog which attacked His dog Without Provocation

It states, “Due to the fact [the other neighbor] discharged his firearm in self-defense because he was in fear for his and his dog’s safety and the attack was unprovoked, I am unable to determine probable cause for a crime.”

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MI: Resident Shoots, Kills, Man who Broke into Apartment

BATTLE CREEK — A 40-year-old Fulton man was killed in a Wednesday shooting inside an apartment in what police are calling a self-defense shooting.

The man is accused of breaking into an apartment at Georgetown Estates, Battle Creek police said.

Officers responded to a distress call at the 1975 E. Columbia Ave. apartment complex around 9:41 p.m. Wednesday where they found Donald Richard Guthrie had been shot.

 

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GA: Brother threatens Brother with Knife, is Shot by Family Member

During their initial investigation police told Channel 2 Action News 26-year-old Rodney Dobbins was in an argument with his brother when it became violent and Dobbins attempted to assault his brother with a knife.

Another family member who was there at the time fired a gun at Dobbins, hitting him in the leg.

 

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Five .22 Cartidge Velocities: as Advertised, in Rifle, in Three Pistols

 

The Kel-Tec P17 barrel was measured at 3.814 inches.

Published Velocities for .22 cartridges are easily available, and are usually measured in rifle length test barrels. Lapau reportedly uses a 660mm (26 inch) test barrel for .22 rimfire rifle ammunition.  RWS uses a 650mm (25 inch) test barrel for rimfire rifle ammunition.  US manufacturers are said to use 24 inch test barrels. It makes sense manufacturers would use the longest commonly available barrel to test their ammunition.  Velocities of .22 ammunition in the US is seldom given for pistol barrels.

In a previous article, information was published about the velocities from three pistol for five subsonic and suppressor ready loads.  KevinC, in a comment, asked for a test of common rounds in the advertised 1200 fps range. This correspondent had a number of them handy, as well as some older (1970) Remington Standard Velocity ammunition, recently tested for a different article. 

One difference in this article is the reported length of the barrel on the Kel-Tec P17. Earlier, it was reported as 3.93 inches. References to the 3.93 inch length are still found on the Internet. References to the barrel length as 3.8 inches were found as well. The 3.8" barrel length is now on the Kel-Tec web site. Measurement beats speculation. The Kel-Tec P-17 barrel measured 3.814.  Measuring a pistol barrel to the hundredth of an inch seems overkill. 3.8 inches will be used going forward. The pistols were fired with a suppressor.

The results are shown in the chart.

There are sufficient differences in barrels to effect velocities from firearm to firearm. However, the results, in aggregate, are reasonable. 

The 5.5 inch CP33 produced, on average, velocities 45 fps greater than the 3.8 inch barrel of the P17. The Taurus TX22, with a 4.1 inch barrel, was in between, with average velocities 16 fps more than the P17 and 29 fps less than the CP33.  The velocity difference between the 3.8 inch and 5.5 inch barrels is 20 fps more than in the subsonic cartridges measured earlier. As expected, the higher velocity cartridges are not as efficient in the shorter pistol barrels.

The velocity measurements were taken with a  Caldwell Chronograph G2. The pistol velocities are the average of five shots, except the 1970 Remington from the P17. The five shot run was duplicated as part of another test, so the entire 10 shots were used for the average. The temperature was between 65 and 75 degrees Fahrenheit.

All the cartridges measured averaged subsonic velocities from the pistol barrels. One round of Remington Golden Bullet ventured into supersonic range from the CP33.  The four cartridges advertised as supersonic were supersonic from the 18 inch rifle barrel.  Five of 25 of the 1970 Remington Standard Velocity cartridges had a noticeable supersonic crack, fired from an 18 inch barrel.

Most of the noise produced by cartridges fired through a suppressor can be categorized as muzzle blast or supersonic crack. In the author's subjective experience, the higher velocity cartridges increase the muzzle blast, even when the bullets are subsonic. The more efficient the suppressor, the less this is noticeable.  

One advantage of subsonic velocities from the pistols is the "High Velocity" cartridges are often less expensive than dedicated subsonic or suppressor ready cartridges.

.22 rimfire pistols are very loud compared to rifles. It takes a more efficient or larger suppressor to reduce the noise to ear-safe levels. Having reliably subsonic ammunition makes this much easier. 

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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WA: Juvenile Resident Shoots, Kills, Intruder

Cowlitz County Sheriff's Office

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PRESS RELEASE

 

A23-5229 SHOOTING INVESTIGATION

 

MARCH 8, 2023

 

At about 1514 hours of March 8th, 2023 Cowlitz 911 received a call from a resident in the 7200 block of Spirit Lake Hwy, Toutle, reporting they had shot a subject. The resident, a juvenile, advised dispatch that an unwanted male subject had come onto the property and was behaving erratically. The male subject, who was not known to the resident, was reportedly harassing the resident’s dogs. The caller reported they were threatened by the male subject.

 

Deputies with the Cowlitz County Sheriff’s Office responded to the scene, with officers from the Castle Rock Police Department assisting. The male subject was found to be deceased. Detectives with the Sheriff’s Office executed a search warrant and processed the scene for evidence.

 

This investigation is ongoing and no further information is available for release at this time.

 

Troy Brightbill

Chief Criminal Deputy

Cowlitz County Sheriff’s Office

NE: Constitutional Carry Bill Passes Critical Vote

On Friday, March 3, 2023, the Nebraska Constitutional Carry bill LB77 passed a critical vote in the Nebraska legislature.  Nebraska is the only unicameral legislature in the 50 states of the United States. When Nebraska switched from a traditional bi-cameral legislature to a unicameral one, in 1934, at the height of the Progressive revolution, safeguards were put in place to prevent a simple majority from exerting excessive power.

Bills proposed in the legislature have to pass three votes which require debate and may be filibustered. The three votes are: the General File (done, 36 to 12), the Select File (pending) and the Final vote (after the Select File).  In these debates, if the bill is filibustered, a vote of cloture is required. 33 votes out of a possible 49 are required for cloture.  In Nebraska, a bill has to have 33 yes votes, in each of the three debate votes, to be sent to the governor for signature.

The time between the votes allows for considerable horsetrading, logrolling, and arm twisting.

While the Nebraska legislature is nominally non-partisan, in practice there are Republicans and Democrats. Using the excellent voting resource of Ballotpedia, Nebraska has 32 Republican senators and 17 Democratic Senators.  As 33 votes are needed to pass a bill, if all 17 Democrats vote against the bill, or do not vote, they can stop any bill from passing. If one Republican votes against Constitutional Carry, then two Democrats are needed to vote for it to pass the bill.

Four Democrats voted to pass Constitutional Carry. Two of them are the only two black legislators in the Nebraska senate. Both are from Omaha. Senator Terrell McKinney of District 11 has been a consistently supported Constitutional Carry in 2022. Senator Justin Wayne of District 13 has been for and against Constitutional Carry, depending on the amendments. The persuasive argument for Senator Wayne has been the use of infringements on the Second Amendment to target black and brown people. From the legislature:

Omaha Sen. Justin Wayne expressed concern over the pending amendment. While in favor of a provision in the underlying bill that would eliminate Omaha’s gun registry, he said the ability to stack charges under the amendment also could have a disproportionate impact on minority communities.

“I’m struggling with more Black and brown kids — based on the testimony in the hearing — being charged and going to prison for, if not significant time, maybe life,” Wayne said.

The Constitutional Carry bill, LB77, strengthens Nebraska preemption law. It overrides and eliminates the current Omaha law which requires handgun registration. From abcnews.go.com:

It's that Omaha law that spurred Omaha Sens. Justin Wayne and Terrell McKinney to break party ranks and support the bill.

“How many young African American and Latino kinds are affected by Omaha’s gun laws?” asked Wayne on the Senate floor. Young Black people in Omaha are often charged with gun possession violations when a gun that's not theirs is found in a car they're riding in, Wayne said.

The practice, known in law enforcement circles as “bumping up,” disproportionally affects people of color, he said.

“When they're talking about bumping up kids in Omaha, they're not talking about kids in Bennington,” Wayne said, referring to the overwhelmingly white bedroom community north of Omaha. “They're not talking about kids in western Nebraska.”

The other two Democrats who voted for the Constitutional Carry Bill are Mike McDonnell of District 5, in Omaha, and Matt Hansen of District 26, which is in the northeast quarter of Lincoln.

Senator Tom Brewer has been the driving force behind the bill. He has made it a legislative priority for his career. He is a member of the Oglala Lakota tribe.

Sen. Tom Brewer of Gordon — the bill's conservative sponsor who has tried since 2017 to pass it — backed McKinney's comments, citing colonial American laws that criminalized arming Native Americans.

The banner in the Nebraska State Seal reads:

EQUALITY BEFORE THE LAW

With 36 votes for cloture, prospects to pass Constitutional (permitless) Carry in 2023 are good. However, only three senators would be needed to switch their votes to kill the bill. That is what happened in 2022.

Nebraska is in a race to become the 26th member of the Constitutional (permitless) Carry club. Vermont has always had Constitutional Carry.  24 states have removed infringements on the rights protected by the Second Amendment to the point where no permission from the government is required to carry a loaded handgun in most public places, openly or concealed, for the vast majority of adults.

The Constitutional Carry club consists of:

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

Current prospects for Constitutional carry, in addition to Nebraska. are: South Carolina (passed the house), North Carolina, and Florida.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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