Saturday, August 20, 2022

CO: Man Shoot Bear at Close Range in His Home

A Colorado man had a rude awaking early Saturday morning when a roughly 400-pound (181-kilogram) bear flipped the lever doorknob to his home and rummaged through some dog food, Colorado Parks and Wildlife officials said Monday.

The homeowner, Ken Mauldin, grabbed a gun and shot the bear multiple times until it collapsed and died just after 2 a.m., said Rachel Gonzalez, spokesperson for Colorado Parks and Wildlife.

Nobody was injured, she said. Officers removed the animal from the house, located in the ski-resort town of Steamboat Springs. The couple had a legal right to shoot the bear if they felt threatened, Gonzalez said.


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Friday, August 19, 2022

IL: Gunfight, Retired Officer and Suspect Wounded

A retired Chicago police officer was shot in Lawndale over the weekend when he pulled a gun and exchanged fire with a pair of robbers, one of whom may also have been wounded.

Just after 4 p.m. Sunday, the 59-year-old retired cop was sitting in his car in the 3800 block of West Grenshaw Street when another car pulled up, two people jumped out and announced a robbery, Chief of Detectives Brendan Deenihan told reporters Monday. One of them was armed with a handgun.

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FL: Domestic Defense, Girlfriend Shoots, Kills Kaylon Shaw Disarm

BATON ROUGE - A man was found shot to death along Florida Boulevard Saturday night after a domestic incident, and the family of the shooter says a woman shot her boyfriend out of self-defense. 

The Baton Rouge Police Department said 24-year-old Kaylon Shaw's body was found in a grassy area along Florida Boulevard between Sharp Road and Sherwood Forest Boulevard shortly before 9:30 p.m. Saturday.

Officers said Shaw was shot and killed in a domestic incident. Family members of Shaw's girlfriend, the alleged shooter, said the girlfriend shot and killed Shaw in self-defense.


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PA: Domestic Defense, Woman Shoot Boyfriend

JESSUP, Pa. — A woman shot her boyfriend in Lackawanna County Thursday night, but he is the one facing criminal charges.

Police say the woman was acting in self-defense when she shot Eric Stepkovich at a home in Jessup.


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Monday, August 15, 2022

NICS and Gun Sales Drop slightly in July of 2022

 

Gun sales and National Instant background Check System checks fell slightly in July, 2022.

The Supreme Court decision in NYSR&PA v Bruen case robustly protected Second Amendment rights. As expected, gun sales dropped slightly for July 2022.

The gun sales in July were about 1.19 million, about a five percent drop from the 1.25 million in July of 2021, and 2.7% lower than July of 2016, making 2022 the fourth highest July for gun sales on record.

NICS checks total were at 2.4 million, the third highest July on record. That is a 17% drop from NICS checks in 2021. Much of the drop is from the changes in Illinois law, which greatly reduced the number of background checks conducted for Firearm Owner IDentification cards, or FOID cards. The requirement to have FOID cards is being challenged in the courts.

The trend has not been reduced much, with 2022 likely to be the fourth or fifth highest year for total gun sales. About 8 million have been added to the private stock in the United States through the end of July, 2022.

Here are approximate gun sales in the last seven years' month of July:

2016: a record 1.22 million

2017: .91 million

2018: .85 million

2019: .85 million

2020: New record for July, 1.84 million

2021: 1.25 million

2022: 1.19 million

Those numbers indicate significant uncertainty and fear in the pivotal election years of 2016 and 2020. Once President Trump was elected in 2016, stability and a robust economy resulted in lower gun sales.

With the election of 2020, uncertainty and instability returned, along with Covid 19 hysteria. With President Biden in place, instability and uncertainty replaced stability and prosperity. Gun sales soared to record levels in 2020, and have remained at a new, higher normal in 2021 and 2022. Much of the demand comes with the creation of millions of new gun owners. The National Shooting Sports Foundation estimates about 13.8 million new gun owners were created in 2020 and 2021. It is likely millions more are being created in 2022.

At some point, supply will meet demand, and prices of guns will drop. It already is happening for some models. 

Supplies of the Kel-Tec P17 .22 pistol seem close to meeting demand, prices have dropped on Gun Broker to the $230 range, only 15% above suggested retail price.

The Taurus TX 22 pistol on Gun Broker is going for close to the suggested retail, while the Glock 44 .22 pistol price is now well below the suggested retail.

The new Sig Sauer P322 is still above suggested retail, but several models on Gun Broker are close to the suggested retail price.

Ammunition prices have dropped significantly. Ongoing inflation makes it difficult to know if nominal prices will ever return to those seen as recently as 2019.  There is a fair amount of .22 Long Rifle ammunition available at 6.5 cents per round, mostly Orbea, Federal, Aguila, and Blazer cartridges.  

9mm ammo is available on special at 28-33 cents per cartridge.

According to the method pioneered by Newton and Zimring and perfected by Gary Kleck  in 1991, there were about 458 million guns in private hands at the end of 2020.  Since then,  the United States has added about another 23 million, and is likely to add another six million by the end of 2022.

The total number of private firearms in the United states is expected to be 487 million by the end of 2022. It may reach 500 million by the end of 2023.

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

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KY: Domestic Defense, Woman Shoots Man

After further investigation, officers determined Dulak was assaulting the woman in the hotel.

They said the woman took the gun from Dulak and shot him in self-defense. The woman and Dulak were in a relationship, according to police. 

Both Dulak and the victim were taken to UofL Hospital.

More Here

Sunday, August 14, 2022

OH: Paulding County Man Shot while Tresspassing, Assaulting


“Investigator’s believe Mr. Puckett was under the influence of illegal drugs,” said Sheriff Jason K. Landers. “The property owner and his friend were presented with a stranger acting erratically and the man eventually became violent by physically assaulting someone. I don’t want to see people being shot, but I wholeheartedly believe people have a right to protect themselves and their property, and in this case, it appears to be a justified self defense situation. My investigator’s will continue to process the evidence in this case and work with the Prosecutor to determine if any further criminal charges are warranted,” said Sheriff Landers.

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Saturday, August 13, 2022

Texas, Silencers, ATF and the Supreme Court Bruen case


On July 15, 2022, Texas Attorney General Ken Paxton amended the complaint filed in federal court against the Attorney General, Garland, in the Texas lawsuit against the ATF, challenging the constitutionality of the NFA and GCA 1968 to regulate privately made silencers/suppressors/gun mufflers made and kept in Texas. 

The amendment incorporates the Second Amendment decision by the Court in Bruen, which establishes a refined and clarified procedure for courts to use in Second Amendment cases.

The Texas case came into existence as part of the requirements of HB 957, which became law in Texas in 2021. From Ammoland:

In a previous article, the repeal of the Texas law and the anti-commandeering section were discussed. The likely federal test case was not.

HB 957 came from the brain of Representative Oliverson of Texas District 130, north of Houston. Dr. Oliverson is not a lawyer.  This correspondent was able to talk to Representative Oliverson about how he formed the idea for the law.

Dr. Oliverson came up with the idea to reform suppressor law in Texas because he had purchased two suppressors. He personally experienced the bureaucratic insanity it takes to legally obtain a silencer/suppressor/gun muffler in the United States.

Following the law, AG Paxton filed a lawsuit on February, 24, 2022. From AmmoLand:

The brief filed by AG Paxton is clear, the arguments are strong. The NFA restrictions on Silencers are attacked on the grounds of taxation of a Constitutional right (Second Amendment), inappropriate use of the commerce clause, and as a law that has no public safety justification.

The amendment filed on July 15, explains how the recent Bruen decision is applicable to and relevant in the lawsuit about federal regulation of silencers/suppressors/gun mufflers. Here are some of the arguments presented in the amendment. From the recent amendment to Paxton v. Richardson:

4. There is a historical tradition of prohibiting the carrying of dangerous and unusual weapons, id. at 2128, but firearm suppressors are neither dangerous nor unusual. They are in “common use,” and therefore the Second Amendment protects their possession and use.Id.

5. There is no historical tradition that can justify regulation of making firearm suppressors for non-commercial, personal use in Texas—including requirements that citizens ask permission before making a firearm suppressor, pay a $200 tax, place a serial number on the firearm suppressor, and register it.

 Some of the other arguments made:

Courts may not apply Means-Ends scrutiny to Second Amendment cases, only historical and textual arguments. The government has to prove its case; not the people claiming Second Amendment rights.   

114. Post-Bruen, courts may not “balance” the government’s “legitimate interests” against citizens’ rights, or use “tiers of scrutiny” or means-ends scrutiny when reviewing the constitutionality of statutes and regulations that regulate the right to keep and bear arms for self-defense. “Instead, the government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.” Bruen, 142 S. Ct. at 2127.

The government may not require advance permission to exercise a Constitutional Right.

Abuse of procedure, as mentioned in Bruen, with "lengthy wait times in processing ... applications" and "exorbitant fees", is not acceptable.

84. BATFE apparently believes that it can extend the application process indefinitely and ask for any “additional information” it wants. This includes additional information which could be used by BATFE to prosecute Form 1 applicants under the provision of the NFA declaring parts intended to be used to make a firearm suppressor are regulated as if they are already firearm suppressors.

The  government may not tax the exercise of a Constitutional Right. The 1943 case applied to the First Amendment.

113. The government cannot tax the exercise of constitutional rights. Murdock v. Com. of Pennsylvania, 319 U.S. 105, 113 (1943). Post-Heller, taxing the making of firearms in Texas for non-commercial, personal use in Texas is taxing the exercise of a constitutional right, and is prohibited.

The amendment closes with arguments contending the amended NFA of 1934, with regards to silencers is unconstitutional. 

127. The portions of the National Firearms Act of 1934, as amended, and the regulations made pursuant thereto, requiring Texans to apply for and receive permission to make firearm suppressors in Texas for non-commercial, personal use in Texas are unconstitutional.

128. Federal laws and regulations which require Texans to apply for and receive permission to make firearm suppressors for non-commercial, personal use in Texas regulate the right to keep and bear arms for self-defense, which is protected by the Second Amendment. These laws and regulations do not have an historical analogue and are being put toward abusive ends. Accordingly, they are unconstitutional under Bruen. 

The response from the Biden administration uses long standing precedent in cases which expand the federal power via taxation.  It claims silencers, are not arms, and are not protected by the Second Amendment.  The arguments are, essentially these:

Federal tax are exempt from lawsuits. (anti-injunction act)

Precedents exist, before Heller and Bruen, which claim taxing powers used to register weapons are Constitutional...

Silencers are accessories, not "arms" protected by the Second Amendment. 

There is no precedent that taxes effecting the Second Amendment are unconstitutional. The precedent only applies to the First Amendment.

Texas has no standing, because the law affects individuals, not Texas as a State. 

The NFA is "longstanding", therefore is exempt from scrutiny under Bruen. 

Opinion:

It appears to this correspondent, the Biden administration arguments are based on cases settled before the Supreme Court handed down the Heller, McDonald, Caetano, and Bruen decisions.  Those precedents may be overturned by the Second Amendment cases.

Because a previous court declared the NFA as a legitimate taxing measure does not mean it is so under the recent decisions. 

This case may become a vehicle to show the Second Amendment is not inferior to the First Amendment. 

If the federal government can use the taxing authority to avoid Second Amendment scrutiny, the Second Amendment becomes a dead letter.

 

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

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TX: Domestic Defense: Woman Kills Boyfriend, claims Self Defense

HOUSTON (CW39) — A woman claimed self-defense against an abusive boyfriend when she shot and killed him in their apartment on Thursday evening, Harris County officials said.

The case was reviewed by the Harris County District Attorney’s Office and will be referred to a grand jury for possible charges, officials said.


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FL: Shooting at Apartment Complex was Self Defense

One person was shot and killed Thursday evening at an Escambia County apartment complex, and the Escambia County Sheriff’s Office now says the shooting was self defense.

“Based on the investigation, we do not anticipate any arrests,” ECSO said in statement.

The man was shot about 6:20 p.m. at the Oakwood Terrace Apartments on Truman Avenue.

More Here

Friday, August 12, 2022

AK Bear Story of Old Groaner, The Myth Grows and Grows, Part IV


Image of Old Groaner's skull from the front. The bear's left eye arch is intact. 

Thanks to Hayley Chambers of the Ketchikan Museums for pictures of Old Groaner's skull.

In the first three segments of this series, the formation of the myth of Old Groaner was discussed.

In segment I, the original article, published in February of 1936, almost certainly written less than two months after Old Groaner was killed, is detailed. Old Groaner was killed in November of 1935. It takes time to put a paper magazine together and to print it, especially in 1936.

In segment II, the 1953 re-write and some of the major changes between the 1953 rewrite and the 1936 original article are discussed.

In segment III, the variations in the story from 1936 to 1953, to 1956, to 1986 and 1994 are covered.

In this last segment, the author speculates about the wounding of Old Groaner. The spread of the myth over time is documented.

Someone shot and wounded Old Groaner long before the Johnstones became aware of him. It appears the unknown person used a .33 caliber rifle, although there is no mention of how the bullets found in the skull were measured.  Shots placed in the area of the head to shatter the right eye arch and cheek bone often stun a grizzly bear, and they appear to be dead.  People are surprised when the bear revives.

Did Old Groaner hate men? Maybe. He feared men. The bear was very careful to avoid being seen by men, until the last event, where the dog Slasher was present.

Old Groaner was a dangerous bear. He was very large. He was suffering and in pain.  It makes for a bad temper. It seems unlikely he had hunted and killed men.

Men were seldom in his home domain near Cripple Creek. The gold fields and camps were over 15 miles upstream. The only people recorded as hearing Old Groaner were the Johnstone brothers, Jack and Bruce, and later their friend, George Lemmons.

Old Groaner's missing, rotten and broken teeth would have made it difficult for him to make quick kills on larger animals, including men. He probably survived because food, in the form of salmon, was so plentiful at Cripple Creek.

One man may have been killed by him. We will never know for certain.

As mentioned previously, LaVern Beier wrote of the event, in 2022, as he heard it from Bruce Johnstone before 1974.

In June of 1935, while Bruce was prospecting on the Unuk River, he killed a famous brown bear of the era, that had stalked him, known as Old Groaner aka the Moaning Marauder of Cripple Creek. Old Groaner had 17 bullet holes in his skull from encountering a prospector years earlier.

LaVern Beier mentioned this while he recounted the event where he had to defend himself from the first big bear who attacked him. He killed that bear in self defense, in 1974. He used a .338 magnum rifle. The .338 happens to use bullets which are the same caliber as the bullets which were found in Old Groaner's skull. The .338 magnum did not exist in 1935. The .338 magnum cartridge is much more powerful than the old .33 Winchester.

Unfortunately, LaVern misremembers both the month (June vs November) and the number of bullet holes. The skull of Old Groaner only shows 1 definite bullet hole, although there is evidence of at least two and possibly three more bullet strikes.  Only two old bullets were recovered from Old Groaner's skull.

The last bullet fired by Bruce Johnstone remained imbedded in the left cheek bone, after passing through the cranium and brain, for many years. It is not currently in the skull in the Tongass Museum.

Without the groaning and the association to the long disappeared Jess Sethington, the defensive shooting of Old Groaner is little different than the defensive shooting of the first big bear LaVern Beier had to kill, in 1974.

The Old Groaner and Moaning Maurader articles were published in the Alaska Sportsman in 1936 and 1953, respectively.

The book, "Blood on the Arctic Snow", published in 1956, is a collection of Alaska Sportsman stories.

In 1975 and later, re-writes of the "Old Groaner" mythology began to appear in other sources.

In 1975, a re-write of the 1953 Old Groaner re-write was published by Ozzie Hutchins,  as "Phantom of the Unuk Country", in the Islander Victoria B.C. Sunday.

In 1981, in the NRA Hunter magazine, a re-write titled "The Legend of Old Groaner" was published.

In 1983, Larry Kaniut devotes two pages to the Old Groaner myth, starting on page 89 of Alaska Bear Tales, based on the 1953 re-write. He starts it with: "Old Groaner was a man killer."

In 2001, Kaniut re-writes the entire 1953 re-write in "Bear Tales for the Ages", starting on page 192.

References to the myth are spread about the Internet. From Sporting Classics Daily.com, there is a  rewrite of the1953 re-write:

What caused the deformity was three bullets from a .38-caliber revolver lodged in the gristle under the jaw and two .33-caliber (jacketed bullets) also in the right jaw. The five bullets proved to be Jess Sethington’s and confirmed the horror of his final moments as he desperately tried to save himself from the killer jaws of the massive grizzly.

There is a Youtube video re-make of the 1981 Hunter magazine re-write, The Legend of Old Groaner.

There is a podcast by Add Ventura, which is a re-make of the 1953 re-write.

Theakform.net mentions an obviously misremembered version:

"He caried a British 454 webley and a Finnish made 375 H&H mag. 2 years later a another group of hunters saw a bear with his jaw broken and hanging down. he guide asked one of the hunters to put the bear out of its misery. When they approached the dead bear they found the remains of the missing guide. An autopsy was done on the guide and the bear and when they cut the bear open, they found 5 rounds from the webley all in the bears jaw and 3 rounds from the 375H&H mag in the bears body. They corener determined that the bear actually held the guide in a bear hug while the guide shot the bear straight up into the jaw."

At the 1911forum.com, there is this misremembering:

 "Old Groaner" stalked and killed at least three people near 1950's Haines, Alaska before he was killed by a prospector he jumped. He had almost no teeth and nearly a dozen old gunshot wounds from 30-30 and 38's. Estimated 30 years old.

The myth of "Old Groaner" will never die. It is too widely spread, too much of a "it should be true, even if it is not", tale.

The original Old Groaner article, by F.W. Gabler was published in the Alaska Sportsman in the February, 1936 issue, Volume II, number 2, starting on page 16. It is a rare issue, and difficult to find.

The rewrite in the Alaska Sportsman in the March, 1956 issue, is much easier to find, as are the numerous re-writes of the 1953 re-write. It is difficult to fault subsequent writers for accepting the 1953 re-write as factual. It was presented as such.

The evidence for the event as a failure of a pistol to stop a bear attack is not credible. No evidence of the presence of a pistol was even mentioned until 30 years after the attack supposedly took place.

There is no certainty a man was attacked before the attack on the dog Slasher and Bruce Johnstone. We know for certain Old Groaner was shot, some years previously, and lived, because much of the damage from the bullets had healed.

The early reporting of the examination of Old Groaner's skull carefully mentions the .33 caliber rifle bullets. Given the added "spice" the story would have had if pistol bullets had been found, it is highly unlikely they would have been found, but not mentioned.

The 1953 re-write is the source of all future Old Groaner myths. Curiously, the "Moaning Maurader of Cripple Creek, the most famous of the stories written by Handlogger Jackson is never mentioned in his well done biography, "Handloggers".

Similarly, Bruce Johnstone, in his oral history, recorded by the Alaska Trapper's association, never mentions Old Groaner. Instead, Johnstone says he should be known for surviving the attack by three grizzly bears at once at the mouth of the Unuk river, 18 miles from where he shot Old Groaner.

Many things make the Old Groaner story noteworthy. The world record size of the bear, the groaning over three years before the bear is shot, the careful avoidance of being seen by men, while being heard.

The story is a great one. It doesn't need the addition of three .38 caliber pistol bullets under the jaw. The addition of those bullets, 30 years after an inferred attack, catapulted Old Groaner into mythological status for an indefinite period.

 

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

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KS: Maurice Hall, Not Guilty of Murder, Guilty of Possession of Firearm by Felon

An affidavit from the district attorney’s office explained that Hall’s bright yellow jumpsuit and a cup he had dropped at the scene led to his arrest in connection to the shooting.

During the trial, the defense raised self-defense in the case. Late Tuesday afternoon, jurors acquitted Hall of the first-degree murder charges but found him guilty of criminal possession of a weapon by a convicted felon.


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Thursday, August 11, 2022

Kenosha County Supervisors Vote to Remove Ban on Guns in County Buildings



On July 5, 2022, the Kenosha County, Wisconsin, Board of Supervisors, voted 14 to 7, to remove the ban on the bearing of arms in most county-owned buildings. Kevin Matheson of the Kenosha County Eye reported on the vote. The Kenosha County Eye has graciously granted permission for this correspondent to use the images and text from the article in this article.

A famed Democrat politician once said, all politics are local. After the chaos of the riots in Kenosha in 2020, and the national attention brought about by the self defense trial of Kyle Rittenhouse, the Kenosha County Board has overwhelmingly voted in favor of armed self defense as a human right. From Kenoshacountyeye.com:

In a bi-partisan vote just before midnight on Tuesday night, the Kenosha County Board voted 14 to 7 to allow concealed carry in most county-owned buildings. This includes taxpayers and employees. This measure was sponsored by Board Vice-Chair Erin Decker. Supervisor Yuhas proposed an amendment that passed -it directed employees who choose to carry at work to keep the firearm “on their person” and not in a desk drawer, purse, or an otherwise unattended location. Decker previously told KCE that she proposed the change because she feels that visitors to county buildings and county employees should not be denied the right to protect themselves. The “no guns allowed” signs went up in 2011 at the same time that the City of Kenosha government voted to allow guns in most City-owned buildings. Both City and County governments now have similar policies which Decker said will “eliminate confusion.”

The support for the Constitutional right to bear arms by the Kenosha County Board was affirmed with a second vote, minutes after the vote to remove the ban on arms in most County Buildings.

This was a resolution to declare Kenosha County a Second Amendment Sanctuary County. It proclaimed that the board would oppose any infringement of the constitution. This passed by a slightly larger majority, 16-6.

It will take some time for the employee's handbook to be re-written, and to take the no-guns signs down from the county buildings.

There were seven Kenosha County Sheriff’s deputies at this meeting as the last meeting ended abruptly when Kenosha resident Joel Trudell was arrested for disorderly conduct and resisting arrest. Tonight’s meeting was peaceful and civil. Within six months, the County HR department will finalize the employees handbook and the “no guns allowed” signs will come down.

Kenosha is the third most populist county in Wisconsin, and growing fast. In 2016, President Trump won the county by 238 votes. In 2020, President Trump won the county again, with 2,700 votes, according to foxnews6.com.

 


 

Samantha Kirkman, who spent 12 years as a Republican in the Wisconsin legislature, won the election for Kenosha County executive with 51% of the vote on April 5, 2022. Seven new County Board Supervisors were elected, giving conservatives control over the Kenosha County Board for the first time in history. Gabe Nudo was then elected as County Board Chairman and Erin Decker as County Board Vice-chair. Erin Decker sponsored the measure to remove the ban on bearing arms in Kenosha County buildings.

Kevin Matheson of the Kenosha County Eye writes these elections are part of a "red wave" of conservatives being elected in 2022.

Elections have consequences. The restoration of the right to bear arms for all people in Kenosha County buildings (including employees) show how increasing majorities of the people demand their rights be preserved and respected.

Opinion:

Other authors have often noted how reality has a way of focusing the attention. When much of downtown Kenosha was destroyed in a wave of senseless violence, it has a way of focusing people's attention.

The newly elected Kenosha County Board is eliminating quite a few gun-free zones.

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

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OH: Amazon Driver Shoots Knife Wielding Man

MIDDLETOWN, Ohio (WXIX) - An Amazon delivery driver is not facing any charges after he shot a knife-wielding man on Sunday.

The driver was out on his route when the suspect, Christopher Roberts, walked up to him with a knife, according to Middletown police.

“Obviously, he [Amazon driver] was in fear,” explained Middletown Police Chief David Birk. “So, in defense of himself, he was able to discharge a firearm striking the individual in the leg area.”

The police report shows Roberts was suspected of being under the influence of drugs when he confronted the Amazon driver.

 

More Here

WA: "Road Rage" shooting appears to have been self Defense

During the altercation, police said one of the people involved grabbed a gun from the vehicle and fired it toward a man, who was identified as a 35-year-old Federal Way resident. Investigators said the man died later from his injuries.

 The initial investigation found that it was a self-defense shooting, police said.

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NV: Yeringtion Home Owner Shoots, Killes Home Intruder Suspect

A Yerington-area homeowner shot and killed an alleged home intruder Monday morning.

After receiving a call from the homeowner, Lyon County Sheriff’s Office deputies responded around 11:45 a.m. to Giorgi Lane in Mason Valley, southeast of Yerington. 

Detectives are conducting a homicide investigation and the homeowner is cooperating. The deceased man's name is not being released until next of kin is contacted.

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Tuesday, August 09, 2022

Mural in U.S. Capitol Shows Wide Acceptance of Open Carry in 1862

In the recent Supreme Court decision of NYSR&PA v. Bruen, the court ruled the proper way to determine restraints on the exercise of Second Amendment rights was to review history and see if restraints on those rights had been widely accepted across the American polities, especially at the time of the ratification of the Second Amendment in 1791 and the ratification of the Fourteenth Amendment in 1868, as the Second Amendment has been applied to the States by the Fourteenth Amendment.

The right to bear (carry) arms for protection of self and others has long been a part of American culture. The right to do so while traveling was especially elevated. Even an early colonial regulation in East New Jersey, which attempted to limit the right to bear arms, had exemptions for people who were traveling, before the regulation was eliminated. The regulation was only tolerated for a few years.  P. 6 of amicus curiae briefs on Bruen. 

In 1686, East New Jersey enacted a law providing that
no person “shall presume privately to wear any pocket pistol, skeines,
stilettoes, daggers or dirks, or other unusual or unlawful weapons,” 
and that “no planter shall ride or go armed with sword, pistol or
dagger” except certain officials and “strangers, travelling upon their
lawful occasions through this Province, behaving themselves peaceably.”3

The Supreme Court has declared the attitude about carrying arms, close to the ratification of the Fourteenth Amendment, as especially important. A famous mural, painted in the United States Capitol in 1863, is relevant. 

The mural is "Westward the Course of Empire Takes Its Way, by Emanuel Leutze", and is located in the West grand staircase of the House wing. It is 30 feet wide and 20 feet tall.

The mural shows 32 individuals traveling toward the West.  There appear to be 27 adults, 19 of them men, and eight women. There are five children, including two infants.

At least 12 firearms are shown in the mural, including 10 long guns and two pistols. The woman under the word "Westward" in the top border has a long gun.  A long gun is prominent in the lower left corner of the mural, a revolver in the lower right corner. There are two boot knives evident, and two bows with arrows.

The study version in 1861 had half as many firearms, five or six, none in the lower corners or in the border. On the mountaintop, there is one or two long guns. It is uncertain. There do not appear to be any boot knives or bows and arrows.


The people who supervised the painting apparently asked for more firearms, as several were added compared to the study image. 

The mural was painted from 1861 to 1862. It was painted only 6 years before the ratification of the Fourteenth Amendment.  It is closer in time to the Fourteenth Amendment than the Dred Scott decision mentioned in Bruen, from 1857. From the Bruen decision, p. 4:

A short prologue is in order. Even before the Civil War commenced in
1861, this Court indirectly affirmed the importance of the right to keep and bear arms in public. Writing for the Court in Dred Scott v.
Sandford, 19 How. 393 (1857), Chief Justice Taney offered what he
thought was a parade of horribles that would result from recognizing
that free blacks were citizens of the United States. If blacks were
citizens, Taney fretted, they would be entitled to the privileges and
immunities of citizens, including the right “to keep and carry arms
wherever they went.” Id., at 417 (emphasis added).

The mural depicts what Chief Justice Taney noted. American citizens could keep and bear arms wherever they went.

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

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IN: Indiana Homeowner Howard Murphy Shoots Second Home Invader

Indianapolis, IN – A armed robbery suspect was fatally shot by an Indiana homeowner during a midnight home invasion on July 29.

It was the second time in the past eight years that Howard Murphy has shot an intruder to defend himself inside his house, WRTV reported.

More Here

NM: Followup, Nathaniel Basset found Not Guilty in Self Defense Killing of William Buchanan

A jury acquitted Taos County resident Nathaniel Basset, 36, on murder charges Friday afternoon (Aug. 5) after a weeklong trial.

Basset was initially charged with the first-degree murder after he was accused of shooting and killing 43-year-old William Buchanan at a Carson Estates resident in August 2020. After three full days of witness testimony and arguments by the state and defense, the jury ultimately found Basset not guilty of second-degree murder or the lesser charge of voluntary manslaughter.

Basset testified Friday morning that he shot Buchanan, but claimed he did so only in self defense, or in defense of others who he thought would be harmed. After approximately two-and-a-half hours, the jury agreed.

More Here

Monday, August 08, 2022

"Old Groaner": Alaskan Bear Myth and Legend Part III, Changes over the Years

The original illustration by F.W Gabler was changed for the 1953 and 1986 re-writes of the article.

This is the part III in a series of four segments on the Old Groaner legend.

In segment I, the original article, published in the February 1936 issue of Alaska Sportsman is examined.

In segment II, the 1953 re-write and some of the major changes in the rewrite are examined.

We may never know why the many changes were made to the Old Groaner story when it was re-written by W.H. "Handlogger" Jackson and published in the March issue of the 1953 Alaskan Sportsman as "The Moaning Marauder of Cripple Creek".

In comparing accounts, the strong presumption is the closer to the original source, the more likely the accuracy of the account.  The differences between the original article and the 1953 rewrite are several and significant. An obvious one is the changing of the 1936 illustration, apparently to fit the concept of the 1953 rewrite. In the 1936 article, there were two bears. In the 1953 rewrite, there was only one. The bear shown above and in back of Old Groaner has been taken out of the illustration.

From the 1936 article:

Old Groaner, with another bear, led an attack on Bruce Johnstone when he was least expecting it.

While attacks by more than one bear are usually a sow accompanied by one or more cubs, more than one bear being present during an attack by an adult boar has happened.

Bruce Johnstone, the man who shot Old Groaner in November of 1935, had three bears, a sow, a boar and a yearling cub, attack him at the mouth of the Unuk in a well documented case about ten years later. Johnson thought surviving an attack by three bears was what he should be famous for.

The mouth of the Unuk is about 18 miles from Cripple Creek.

The area where Old Groaner was killed is a hot spot for bears. It was no surprise there might be more than one bear in the area.

In the 1936 article, Old groaner was not skinned because he was frozen, making it very difficult.

In the 1953 version, he was not skinned because the "hide was worthless" "no more hair than a hog".  The description was similar to that he gave a bear in an encounter Jackson had in 1946, as detailed in Jackson's biography on page 181.

The further in time from the event, the more suspect memories become.

In the 1956 book, "Blood on the Arctic Snow", the feature article is a re-write of the 1953 Alaska Sportsman "Moaning Marauder" article. There is a rare picture of Old Groaner before the head and paw were cut off, in the book.

 

Old Groaner from Blood on the Arctic Snow

The scarification of the right eye socket is visible; there seems to be plenty of fur. The dense vegetation matches the illustration by Gabler in 1936.

In "Blood on the Arctic Snow", the three pictures of the skull are shown. The caption differs significantly from the 1936 caption. Here is the 1956 book's caption for the picture of the skull:

Old Groaner's skull, shown here in front, right, and rear views, is on display in the Alaskan Sportsman museum in Ketchikan. Arrow 1, shows where the right side of the skull had been shot away. The eye socket is almost closed and the jaw hinge is separated. Arrow 2 indicates the shattered left eye arch, probably from a bullet fired in the same encounter. Arrow 3, point out the spot where Johnstone's fatal bullet entered the bear's brain cavity, and Arrow 5 shows were it lodged in the rear of the skull after passing through the brain. Arrow 4 indicates the worn and ulcerated teeth, evidence of Groaner's advanced age. Arrow 6 indicates where a bullet from a side shot had entered just above the right eye. Five bullets were lodged in the head, and presumably had been there for twelve years.

The caption is the same as in the 1953 rewrite and in the 1956 book. The skull pictures are the same in the book, but the illustration by Gabler is not included. In the book, a picture of a bear footprint in snow, an inside forest shot near the Unuk, and a landscape picture of the Unuk river country are included. In all three accounts the error in the captions of the skull pictures persists: the claim is the left eye arch is shattered. In all pictures of the skull, the left eye arch is intact.

In the 1936 article, written two months after the event, when memories and the physical evidence were fresh, it was deduced three shots were fired in the initial wounding of Old Groaner, years before Old Groaner was killed. Two old bullets were found imbedded in the head. Both were identified as .33 caliber jacketed rifle bullets.

The 1953 re-write (The Moaning Marauder of Cripple Creek), was written 17 years after the event where Old Groaner was killed, and 30 years after the disappearance of Jess Sethington. In the re-write, at least five shots were fired in the initial wounding, with five old bullets recovered from the bear's head, three of which were .38 caliber pistol bullets.

LaVern Beier is a well known bear expert who was a partner of Bruce Johnstone in his later years.  He partnered with Johnstone when Johnstone was 65 and he was 17, and for several years afterward.

LaVern Beier wrote of the Old Groaner event, as he remembered hearing it from Bruce Johnstone before 1974, then writing it down on facebook on Jaunuary 13, 2022:

In June of 1935, while Bruce was prospecting on the Unuk River, he killed a famous brown bear of the era, that had stalked him, known as Old Groaner aka the Moaning Marauder of Cripple Creek. Old Groaner had 17 bullet holes in his skull from encountering a prospector years earlier.

The number of bullets fired in the first wounding of Old Groaner grew from three to five to at least 9 (17 holes), in merely 38 years!

The article was reprinted again in 1986. In the 1986 Alaskan Sportsman issues, the 1953 reprint covers most of ten pages split between January and February issues. There are pictures and illustrations, but none of the Old Groaner skull, head, or paw. The picture of Old Groaner in the 1956 book is absent.

In the 1986 re-publication of the 1953 re-write, there are many minor edits. They seem of little consequence to this correspondent, who would have used the original rather than make minor stylistic changes.

Two things stand out. In the 1953 re-write, a grizzly bear, far from the domain of Old Groaner, causes extensive damage to the Johnstone's boat in 1933. In the 1953 rewrite, the grizzly is described as having done it in a "playful mood". In the 1986 re-print, the words "playful mood" have been removed.

In the 1953 re-write, the pistol Jack Johnstone used to finish off the attacking bear on Sulphide Creek is identified as a Luger.  In the 1986 re-publication, it is left unidentified.

In a 1994 interview of Bruce Johnstone, the dog Slasher, by grabbing Old Groaner's hind foot, allowed Bruce Johnstone time to inflict the deadly shots on Old Groaner.  In the 1994 interview, Johnstone says he used a .405 Winchester instead of a .38-72.

Without the revolver bullets, and the claim Jess Sethington owned a .38 revolver, the ties to Old Groaner and Jess Sethington become tenuous. It removes the presumption of where a person would have to be to place three revolver bullets under a bear's jaw.  The story becomes far less dramatic.

Could Jess Sethington have shot Old Groaner with his .33 Winchester, with the bear then coming to life unexpectedly, and killing him? It is possible. It is also possible some other person or Jess shot the bear and left the big grizzly for dead. Sethington could have disappeared any of many ways. As mentioned by both Gabler and Handlogger Jackson, there are many ways for a man to die on the Unuk river.

.33 Winchester rifles were not common, but they were not exceedingly rare. The writer of the 1953 re-write, W.H. "Handlogger" Jackson, owned a .33 Winchester, as noted in his biography.  The bullets found embedded in the skull were examined by the two Johnstone brothers and George Lemmons. There is no record the bullets were measured.

The story was a good one. As stories told around a campfire will, it grew and grew. In Part IV, the modern mythology of Old Groaner will be examined.

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

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