Tuesday, January 30, 2018

Justifiable Homicides are Counted as Murder under the Felony Murder Rule

The Felony Murder Rule is a law where a person who is involved in a felony can be charged with murder if someone dies as a result of the felony.  From justia.com:
The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.
The felony murder rule is often applied when an armed victim kills one of the criminal suspects attempting to victimize them. If there is a surviving accomplice, the accomplice may be charged under the felony murder rule.

Only four states do not have the felony murder rule in some form. Hawaii, Delaware, Kentucky, and Michigan have no felony murder rule.  They eliminated the rule between 1973 and 1980 as part of capital punishment reform

If someone is charged with murder under the felony murder rule, the homicide will be coded as a murder in the FBI Uniform Crime Reports, not as a justified homicide. Examples of this practice are easily found online. From amarillo.com:
Amarillo Police Department has identified the man shot at La Bella Pizza on Olsen Boulevard as Clayton Jerrell Morgan, according to a news release. Officers arrested his alleged accomplice, 29-year-old Ruben Ryel Rios, who police said was charged under the state’s felony murder rule that allows a person to be charged with murder if they are involved in a felony crime that causes a death.
From wbay.com:

An 18-year-old Appleton man was shot and killed by the target of a robbery at an apartment in Oshkosh, according to a criminal complaint obtained by Action 2 News.

Tory Summers, 28, has been charged with Felony Murder in connection to the death of Cashmiere A.S. Hill. Summers is also charged with Armed Robbery and Burglary.
The FBI Uniform Crime Reports only catch about 20% of justified homicides in the United States. The felony murder rule is one of the reasons why the numbers are so low. How many of the murders in the FBI Uniform Crime Reports (UCR) are from the Felony Murder Rule? In research published in 2002, the number of cases under the Felony Murder Rule were found to be substantial. From virginia.edu:
Although nearly 20 percent of all murders annually are felony murders, no one has empirically validated the effects of the rule. This paper attempts to fill this hole using state-level data on felonies and felony homicides from 1970-98.
20 percent over a sample of 28 years is a a significant number. How many of those were justified killing which became murders under the Felony Murder Rule? We do not know. The FBI does not have a separate category for Felony Murder Rule homicides.

Justified Homicides are counted by the FBI under a very restrictive definition.

For private persons, there were 331 justified homicides recorded by the FBI UCR in 2016  The FBI UCR estimated the number of murders to be 17,250 for the same year.

Justified Homicides, other than by law enforcement officers, were 1.9% of all homicides recorded by the FBI in the UCR. Surveys indicate these are only one fifth of the actual justified homicides. The real number of justified homicides is close to 10% of all homicides.

Felony Murder Rule homicides may be close to 20% of all murders in the United States. There is plenty of room for significant numbers of felony murders recorded by the FBI to be justifiable homicides. Those homicides inflate the United States murder rate and decrease the "official' number of justified homicides in the United States.

England eliminated the Felony Murder Rule in 1957.

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

Gun Watch

Followup SC: No Charges for Man who Shot Teen while Recovering Stolen Car

State law allows people to use deadly force if they reasonably fear an imminent threat of serious injury, even if they are mistaken.

"The death of (Derrick Grant) is a tragedy for his family and for this community," the police said. "We have determined that this incident, however tragic, is not reasonably prosecutable under the law."

Grant's family members struggled to comprehend why the shooter hadn't waited for authorities before approaching the teenager. The police told them during a briefing earlier Monday that Morton was within his legal right to make a citizen's arrest over the stolen car, Mark Peper of West Ashley, an attorney for the loved ones, said.

More Here

TX: Armed Victim Survives Gunfight

Police say Jimenez started shooting at the man, who pulled out his concealed handgun from his car and fired back. He and Jimenez did not know each other.

The Travis County Medical Examiner says Jimenez’ cause of death is a gunshot wound. The Travis County District Attorney is reviewing the case, but so far it appears to be self-defense. The man who shot Jimenez and the other men are cooperating with police, and APD says there is no public safety concern at this time.
More Here

More FL: More Details onf Gabriel Jacobs Shooting

The abvious speculation comes is that Jacobs was under the influence of mind altering substances.

The owner told police that they were awoken by the sound of their doorbell. The owner immediately called the police and tried to communicate with Jacobs through the closed front door. Jacobs continued to ring the door bell, yell profanities and kick the door. The owner of the home warned Jacobs that he was armed with a shotgun. He ignored the warnings and was shot as he came through the front door.

Police say they found an abandoned vehicle belonging to Jacobs’ stepfather in addition to several traffic signs knocked to the ground in the area.
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Retailers Choose Guns for Defense Against Armed Robbers in AK and TX

Two retailers have chosen firearms as effective means of protecting themselves and their customers against armed robbers.  One store was a pizzeria, which had the unfortunate experience of having an armed robber shot and killed by an armed employee in Amarillo, Texas. The other was a drive-thru coffee stand in Anchorage, Alaska. Two sisters own the shop. They are on the left of the photograph.

The AK Sweet Cup in Anchorage, Alaska, was the victim of an armed robbery at about 4 p.m. on 8 January, 2018. The shop has a gun in the restaurant, but the employee did not feel they had a good opportunity to access and use it. The shop owners, two sisters, said that some of their employees are routinely armed. The safety of their employees comes first.  From ktva.com:
Samantha Brown and her sister Toni Whaley own AK Sweet Cup on Muldoon Road. The sisters said they had never been robbed in their four years in business but, that changed last Monday when a man in a stolen truck pointed a gun at a barista and demanded she empty the register.
Brown said the coffee stand does have a weapon inside but the barista didn't have time to reach it or feel safe to do so when she was threatened with a gun in her face.
Brown said it's their policy not to take chances.
"All of our employees are trained-- if they have a weapon, you give them what they want."


"We are just waiting for the police to do what they need to do," said Brown.
In the meantime, Brown said they are doing what they need to do, including adding a second gun that is easily accessible under the counter. 
Brown said they may need it to keep their employees safe.
At La Bella Pizza in Amarillo, Texas, one of the employees was compelled to shoot and kill an armed robber who pointed a gun at him. The gun turned out to be an air pistol that was modified to look like a real gun. The response of the store owners show that defense of self and others is gaining legitimacy in the nation. The owners issued a statement. Here is the relevant portion. From myhighplains.com:
We at La Bella Pizza on Olsen are deeply saddened by the incident that occurred last Tuesday, January 9th. Our hearts go out to All the families that are involved during this trying time. Our policy always has and always will be that our employees are welcome to legally and responsibly possess the means to defend themselves and others around them.
The accomplice of the robber who was shot and killed will be charged with murder under the felony murder rule. This means the killing will be counted as a murder, not a justified homicide.  From amarillo.com:
Amarillo Police Department has identified the man shot at La Bella Pizza on Olsen Boulevard as Clayton Jerrell Morgan, according to a news release. Officers arrested his alleged accomplice, 29-year-old Ruben Ryel Rios, who police said was charged under the state’s felony murder rule that allows a person to be charged with murder if they are involved in a felony crime that causes a death.
The way the FBI Uniform Crime Reports (UCR) works virtually insures that felony murder rule homicides will be counted as murders, not justified homicides. It is one of the reasons the FBI UCR only catches about 20% of the justified homicides in the U.S.A.

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

Gun Watch

Followup AZ: State Trooper say Good Samaritan Saved his Life

PHOENIX - An Arizona officer who was shot and beaten a year ago by a Mexican man he was trying to help after a car crash said a passing driver saved his life by killing the man, according to newly released police reports.

State Trooper Edward Andersson said he doesn't know what led to the attack. The officer had seen Leonardo Penuelas-Escobar cradling his injured girlfriend, then set up flares to try to get drivers to slow down on a major highway. Moments later, Andersson spotted Penuelas-Escobar with a gun in his hand.

The reports say Penuelas-Escobar said something in Spanish before shooting the officer in the shoulder and beating him in the head with a handgun, which had been stolen months earlier from a home.
More Here

NC: Armed Employee Stops Store Robbery in Nash County

Nash County deputies say the lone gunman demanded money out of the register from the employee.

During the robbery, the employee pulled a revolver and fired multiple times as the robber ran from the store, according to deputies. The worker was not injured.
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AL: Suspected Theives Shot at One hit

Homeowner, Ashton Gallagher, who caught two men stealing a utility trailer from his home shot at them, hitting one of the men, deputies said Wednesday.

He was eating and heard noise outside. He looked at his surveillance video and went outside to contront the thieves.

"I grabbed my gun and headed out here and was like, Hey ya'll need to drop my trailer. I said it more aggressively than that," said Ashton Gallagher.
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TX: Armed Homeowner Wounds Suspect who Attempted to Kick in Door

HOUSTON — A would-be intruder was reportedly hospitalized Tuesday night after being shot multiple times by a homeowner near the Aldine area.

Investigators said the suspect tried to kick down the front door of a home on Anice Street near Ponder Lane around 6:30 p.m. However, the homeowner grabbed his gun and fired at the suspect several times. The suspect ran off and the homeowner called police.
More Here

Monday, January 29, 2018

Brady's in Urinal at the Shot Show 2018

There were Brady urinal screens in the urinals at the Gun Rights Policy Conference held at the Sheraton Crescent Center in Glendale, Arizona in September, 2015.  There were Brady urinal screens in Shot Show in Las Vegas in January, 2016.  There were Brady urinal screens in the Shot sow in Las Vegas in January of 2017. This year, in January, 2018, the Brady urinal screens were still in the bathrooms for the Shot Show.  The screens probably last for more than a year. It seems a bit ironic that the Brady brand is what the many thousands of Shot Show attendees are urinating on.  I am certain that it is not a conspiracy to place the name Brady to be urinated on by the attendees at the various venues mentioned.

The urinal screens were all Bradys.  They do not seem to be associated with the gun hating Brady Campaign to Prevent Gun Violence, but with the legitimate Brady company that produces urinal bathroom products!

I am certain that some waggish member of the hotel staff did not order and place Brady urinal screens in the bathrooms merely to provoke smiles on the faces of Shot Show participants.  It is just that the Brady urnial screens are available at a good price and work very well.

I am sure that the Russian government did not bribe the hotel staff to put in the Brady screens. I am sure the royals high up in the Saudi Aristocracy were not involved. 

No gun culture organization or individual distributed the Brady screens as a subtle way of expressing disdain for those who wish ever more infringements on the Second Amendment.

It is highly likely that it is merely coincidence, statistical noise, nothing that actually means anything.  Really.  I am absolutely certain.

Of course, we cannot rule out the possibility that a friend who sat next to a cousin of President Donald Trump, 10 years ago, owns stock in the Brady company that makes the screens. (Sarcasm Alert!)

It is just one of those cosmic coincidences that make many smile and nod.

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

Link to Gun Watch

Sunday, January 28, 2018

WI: Mail Carrier Assaulted, Armed Witness Fires Warning Shots to Stop the Attack

MILWAUKEE - A mail carrier was attacked on Milwaukee's west side late Wednesday morning and a witness with a gun stopped the attempted sexual assault.

More Here

Followup WV: Shawn Hall Arrested for Malicious Wounding in Shooting of Frank Gravely

Charleston Police say they were called about 12:15 p.m. to 617 Grant Street for a gunshot injury. 28-year-old Frank Gravely was shot in the leg during an altercation inside the home with the homeowner, Shawn Hall.

Hall is the one who called 911, and he remained on scene until emergency services arrived. Gravely was taken to the hospital and treated. His gunshot was deemed not life-threatening, but he remains at CAMC General in stable condition.

51-year-old Shawn Hall was arrested for malicious wounding and taken to the South Central Regional Jail awaiting arraignment.
More Here

More Details NY: Suspects Identified in Home Invasion Where Invader was Shot with Rifle

One person was shot and remains in the hospital in critical condition, another suspect is still on the loose after a home invasion goes wrong on the night of January 24th.

During the robbery the suspects, armed with a rifle, demanded cash from the homeowners. A confrontation ensued shortly after between one of the homeowners and one of the suspects Daiquan Bythwood. "During that confrontation the homeowner shot one of the perpetrators." Said Lieutenant Nich DeMuth, "The three perpetrators left the scene in a dark colored sedan."
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Followup LA: Freddie Dequan Vezia arrested in Case where Home Invader was Shot, Killed

This is another case of the felony murder rule.  Vezia did not shoot anyone. His partner in crime, Isaiah Williams, was shot by an armed victim, and killed.  If reported to the FBI, this will be counted as a murder, not a justified homicide.

Lake Charles Police identified 21-year-old Freddie Dequan Vezia as the suspect that ran from the scene of the shooting. He was arrested at 1:44 a.m. at 2506 Stanton St., and charged with 1 count of 2nd degree murder and 1 count of home invasion. His bond was set $800,000.

More Here

NY: Know Your Backstop, Parma Man Accidentally Shot from Half Mile Away

In October, 2016, two men were target shooting in rural New York.  They were sighting in rifles for the upcoming deer season. They could see about a thousand feet, but there was no obvious backstop on the flat ground.  They had two .308 Winchester rifles, a Del-Ton AR, and a pistol.  It was about 4 p.m.

Almost half a mile away, unseen, Kevin Flannery was mowing a lane on his property.  A picture taken a year later shows tall ground cover on either side of the lane. Flannery could not be seen from the position of the shooters.  Flannery apparently moved in and out of the "beaten zone" of the rifle shooters as they zeroed in their rifles. The bullets traversed tall grass and weeds before reaching the lane Flannery was mowing.

Flannery's mower, then Flannery were hit. Flannery was critically wounded. It took months for him to recovery after being hit with a high powered rifle round. He lost 40 pounds while recovering after surgery in the hospital. From rochesterfirst.com:
PARMA, N.Y. (WROC-TV) - Police have arrested two suspects in relation to a shooting in Parma that happened on Tuesday.

Police responded around 4:45 p.m. to Moul Road for a report of a man who was shot in the abdomen while working on his property.

Police say as they responded, they could hear shots being fired in the distance. Deputies located the shooters, Ryan G. Pellman, 34, of Greece and Matthew E. Rodgers, 35, of Hilton in an area behind and to the west of North Avenue.

Pellman and Rodgers were allegedly shooting paper targets without the use of a backdrop.

Once the shooting had ceased, deputies located the victim, Kevin R. Flannery, 42, about 800 feet south of where they responded.
Pellman and Rodgers were indicted for assault and reckless endangerment by a grand jury in April of 2017.  In August, 2017,  Judge Alex Renzi  of the State Supreme Court overturned the indictment. The charges were dismissed. The evidence did not meet the legal criteria for either crime.

A civil suit was filed by the Flannerys in November of 2017.

Kevin Flannery went through months of recovery. He came very close to dying. It was 10 months before he was able to return to work. Pellman and Rodgers have had to spend considerable resources on their defense. The legal expense are likely to continue.

The shooters had no intention of hitting Flannery. They did not know he was there. They thought it was impossible that their shots had hit anyone.  Flannery was 2,300 feet away from the shooters, a little less than 800 yards.  .308 rifles are routinely fired in thousand yard matches.

This accident occurred because the shooters did not understand the ballistics of their rifles. They assumed that there was no one in the direction they were shooting. They did not insure the bullets were hitting an adequate backstop.  It was a nearly fatal mistake. I suspect they have been regretting their decision for over a year.

Safety rules came about through long, hard experience. They exist for good reasons.

Know your target, and what is behind your target.

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

Gun Watch

Saturday, January 27, 2018

NY: Rifles used in Home Invasion and Home Defense

 The video personality said the occupant used a shotgun.

Deputies said Daiquan Bythwood, Zhamere Charriez of Elmira and Drew Stansfield of Horseheads had a loaded rifle and broke into a home on Overlook Drive around 11:30 p.m. Wednesday. Deputies said an occupant of the home then struggled with Bythwood before the homeowner shot Bythwood with a rifle. All three suspects then left, deputies said.

More Here

Friday, January 26, 2018

IN: Constitutional Carry Re-Introduced HB1022

Indiana Representative Jim Lucas has re-introduced a Constitutional Carry bill in the Indiana legislature.

In 2017, Lucas lead the fight to bring Constitutional Carry to Indiana. He was heavily opposed by the Indiana Media. He fought back by proposing a bill to require professional journalists to be fingerprinted and submit an application to the state to be approved for a journalist license, in order to exercise their freedom of the press. 

It was a nice bit of satire, fighting back against an agenda driven media.

While the Constitutional Carry bill did not pass, a non-scientific poll at wane.com showed 84% in favor of the bill. 

A legislative study committee recommended that the 2018 legislature "remove hurdles" to carrying a handgun. The vote was 15 -5 on 30 October, 2017.  From nwi.com:
INDIANAPOLIS — The General Assembly next year is likely to consider legislation to eliminate Indiana's licensing requirement for carrying a handgun in public.

A legislative study committee on Monday recommended state lawmakers "should remove hurdles" that limit the ability of Hoosiers to exercise their constitutional rights relating to firearms.

The Joint Committee on Judiciary and Public Policy did not specifically call for ending handgun carry licenses. In fact, it urged the current license system be maintained for individuals who want a reciprocal license to carry in states that require licensing.
On 11 January, 2018, HB 1022 was introduced. First reading on 11 January, the bill was refereed to th Committee on Public Policy. Here is the summary of the bill. From in.gov:
Right to carry a handgun. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun". Provides that a prohibited person who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun is a Level 4 felony when a person: (1) is less than 23 years of age; and (2) has an adjudication as a delinquent child for an act described by IC 35-47-4-5 (unlawful possession of a firearm by a serious violent felon). Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain from the superintendent of the state police department a reciprocity license. Provides that a reciprocity license is valid for five years. Requires law enforcement agencies to make use of certain data bases when issuing handgun licenses. Makes conforming amendments.
Indiana has super-majorities of Republicans in the legislature. 70 of 100 representatives are Republicans in the House, and 41 of 50 senators are Republicans in the Senate.

 Constitutional Carry is proving popular with state legislators. In 2002 only Vermont had Constitutional Carry.

 Constitutional Carry is the right to carry a handgun openly or concealed in most public places, without a government permission slip.

It existed throughout the nation when the Bill of Rights was ratified in 1791.

 In 2003, Alaska passed the reform to restore the exercise of Second Amendment rights. In 2010, Arizona passed Constitutional Carry. In 2011, Wyoming, in 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry, but is disputed by some county prosecutors. in 2015, Kansas, and Maine joined the Constitutional Carry club. In 2016, Idaho, Missouri, West Virginia, and Alabama enacted Constitutional Carry. In 2017, New Hampshire, and North Dakota were added to the list.

There are now 13 states with Constitutional Carry, as many as the original 13 states that ratified the United States Constitution.

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

Gun Watch

OH: Fiancé Shoots Squatter that Attacked his Intended with a Bottle

When the fiancé confronted the intruder, the squatter grabbed a bottle and struck the woman's fiancé on the head.

Police said the man pulled out a gun and shot the intruder. The wounded man was taken to Wooster Community Hospital and then transported to Akron City Hospital for treatment of a gunshot wound to his hands and abdomen. His condition is unknown at this time.

Authorities did not say if any charges relating to the incident would be filed.

More Here

AL More Details: Homeowner Shoots at Suspects, Hits 1

Homeowner, Ashton Gallagher, who caught two men stealing a utility trailer from his home shot at them, hitting one of the men, deputies said Wednesday.

He was eating and heard noise outside. He looked at his surveillance video and went outside to contront the thieves.

"I grabbed my gun and headed out here and was like, Hey ya'll need to drop my trailer. I said it more aggressively than that," said Ashton Gallagher.

Gallagher told WAAY 31 his utility truck is a source of income.

"That's pretty much how I make my money. I do landscaping. So that's part of my living. If that's gone then I have to go through everything else to get it back," Gallagher said.

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Gun Control Bumper Sticker Part of Criminal Complaint

An auto mishap morphed into a defensive shooting in Rochester, Minnesota on Sunday, January 14th, a little after 8 a.m.  A car driven by 17 year old Muhammed Rahim, with another 17-year-old male and two teenage girls in the car, spun out of control and crashed into the side of the road in slippery conditions.

A car driven by 25 year old Alexander Weiss managed to avoid the out of control vehicle. He pulled to the side of the road to see if the people in the crashed vehicle needed assistance. Muhammed then backed up the crashed vehicle and hit Weiss' vehicle.

Weiss got out. So did Muhammed and the other male occupant. They approached Weiss and threatened him.

Weiss, a carry permit holder, retrieved a pistol and called the police. The confrontation escalated and Weiss shot Muhammed.

 Two on one makes it a disparity of force situation. It is hard to know how this will play out in the courts.  The statement of probable cause shows Weiss did not just "draw and fire".  Muhammed approached within inches of Weiss while the firearm was displayed. Muhammed dared Weiss to fire. Weiss says that Muhammed attempted to grab his pistol.  Muhammed's passenger said they never touched Weiss. The statements are not necessarily contradictory.

The police arrived on the scene and arrested Weiss. The police officer included the fact that Weiss had a bumper sticker on his vehicle that said "GUN CONTROL IS HITTING YOUR TARGET"  in the statement of probable cause. From kimt.com:
According to the autopsy, Rahim died from a single gunshot wound. Police say only one 911 call was received, and that came from Weiss.

The Police Department says Weiss has a permit to carry a firearm under state law and the criminal complaint says Weiss had a bumper sticker on his car saying "Gun Control Means Hitting Your Target."

According to Rochester police, a witness to the shooting came forward and provided a statement that police say made them more confident in the second-degree murder charge.

Police say the witness was driving through the area and was a few feet away from the shooting. Police say she saw two men get into a confrontation and saw Weiss draw his weapon and fire.

Here is the statement of probable cause from the Rochester police officer.

In another interview with the startribune.com, Rochester police Captain John Sherwin made this statement:
 “There was no physical assault, and by that I mean punches thrown,” Sherwin said Tuesday.
I am sure Captain Sherwin knows that punches are not necessary for physical assault. In the probably cause document, Weiss says Muhammed pushed him, as part of the confrontation.

It is interesting that Officer Brian Roussell found it worth while to include the political bumper sticker as part of the probable cause document.  It is hard to see it has any relevance to the charge of 2nd degree murder.  There are no statements by the two teen girls that were in the vehicle driven by Muhammed. Perhaps they did not see anything of the altercation.

Muhammed came to  the U.S. from Iraq six years ago, with his family.

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

Gun Watch

Thursday, January 25, 2018

IN: Smash and Grab Burglars Bust thru Gunshop Wall, Steal Guns

ANDERSON — Two burglars who stole an undisclosed number of weapons from Crack Shot Guns on Sunday night were nothing if not determined. And prepared to make a fast getaway, Anderson police said.

Anderson Police Department spokesman Maj. Joel Sandefur said the incident occurred about 8:40 p.m. when one of the culprits slammed a sport utility vehicle into the back of the store, 715 E. 53rd St., creating a hole big enough for them to walk through.

In just a couple of minutes the burglars, who police described as black males wearing dark clothing, stole handguns and long rifles, and escaped in a second getaway vehicle, Sandefur said.

Surveillance video inside the store captured good images of at least one man, and police are asking for the public's help in identifying him, Sandefur said.

More Here

Wednesday, January 24, 2018

Alaska, Grizzly Bear, .44 Magnum, The Longest Minute

Doug White with Bear and .44 Magnum

On September 7th, 2006,  Alaskan moose hunters, Doug White and Reed Thompson, were working on packing out the meat and head from a successful moose hunt. They were attacked by a large grizzly bear. As the attack was in 2006, it did not get the coverage it would today. 

I found the account as I was searching for bear attacks where pistols had been used as a defensive measure. I vaguely remembered the incident. 

The bear moved from one hunter to the other during the attack, giving Doug the chance to access Reed's .44 magnum, that had been hung in a tree. Doug shot the bear and stopped the attack.

Because of intense interest from his family and friends, Doug wrote a detailed account of the attack and the aftermath. He includes several photographs. Here is an excerpt. From  thegreatwhitehunter.com:
When Reed distracted the bear from its attack on me, I had time to concentrate on the holster. I saw a buckle with a strap running through it. I could not figure out how it held the gun in place, so I grabbed the buckle and attempted to rip it off. To my surprise, the buckle was actually a snap and the strap peeled away. As I pulled the revolver out, a sudden calm came over me, and I knew everything would be fine. I looked in the direction of Reed only to once again see the bear charging at me. He was about ten feet away coming up and over the initial log that I had tripped over. That was when I pointed the revolver and fired at center mass. The .44 magnum boomed in the night and the boar fell straight down, his head three feet away from where I stood. As he fell, he bit at the ground and ended up with a mouthful of sod. I stood in a dumbfounded stupor. I had no expectation that the pistol would kill the bear. My hope was that the shot would sting the bear and help scare him away along with the flame and loud report. As his head sagged to the ground, I shot him three more times in quick succession, out of fear and anger.
While not stated in the account, one of the pictures indicates the first, crucial shot, was to the center of the bear's chest. It might have continued on to hit the spine, resulting in the instant collapse of the bear. 

The pistol, from the picture and account, appears to be a Ruger stainless single action .44 magnum. This attack makes  29 pistol defenses against bears that I have found. Only one of them ended in failure.

The account is worth reading for anyone interested in the dynamics of bear attacks and the effectiveness of pistols for defense against bears.

Link to the account of the attack, The Longest Day.

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

Followup TN: No Charges for Self Defense Shooting at Sing Law Restaurant in Frayser

MEMPHIS, Tenn. -- One man is dead after gunfire went off inside a Chinese restaurant in Frayser.

But police said the employee is not facing any charges for shooting and killing the man who tried to rob Sing Lay restaurant with a gun Monday night.

He was simply trying to defend himself, police said.
More Here

MN: Armed Store Owner Fatally Shoots Armed Robbery Suspect

A Maplewood liquor store worker foiled an armed robbery, fatally shooting one of the two masked suspects, authorities said Tuesday.

The shooting occurred about 6:45 p.m. Monday at Princess Liquors on Stillwater Road near Century Avenue, according to police.

Willie Young-Ferba, 23, who “very recently” moved to Maplewood from Chicago, was identified by police Tuesday as the dead suspect. Young-Ferba’s criminal history in the Chicago area includes a theft offense in 2015.

A second store worker was assaulted before the gunfire erupted, and she was taken to Woodwinds Hospital in Woodbury for treatment of noncritical injuries, said Police Cmdr. Dave Kvam.
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IL: Chicago, Man Charged with Assaulting Armed Citizen, Shot fired, no Injuries

CHICAGO -- Charges have been filed against a man who got into a struggle with a concealed-carry permit holder Friday night at a Loop restaurant, prompting the permit holder to fire a gun.

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CT: Armed Customer Stops Armed Robbery, no Injuries

MILFORD, Conn. (WTNH)– Two New Haven men were arrested Friday after allegedly robbing a Milford restaurant at gunpoint before being chased away by an armed customer.

Police say 21-year-old Royshon Ferguson and 22-year-old Gregory McLaurin were arrested after an armed robbery was reported at the Smashburger, at 1590 Boston Post Road.

According to police, Ferguson and McLaurin entered the restaurant armed with a .22 caliber handgun and ordered all workers and customers into the kitchen.
More Here

Tuesday, January 23, 2018

New Gun Owners Accounted for 40 percent of handguns purchased in California

Image from giminifirearmdefense.com

Those who campaign for a disarmed population take comfort in persuading themselves that gun ownership is declining in the United States. This is the primary goal, after all. If gun ownership is declining, they can claim they are "winning".

The most commonly cited evidence that gun ownership is declining is the General Social Survey, which shows a gradually declining percentage of households in the United States that tell survey takers they have guns in the household.

But the number of guns sold in the last decade skyrocketed.  At the beginning of 2008 there were about 301 million privately owned guns in the United States. At the end of 2017, there were about 418 million. That is an increase of 38% in ten years. 117 million guns were added to the private stock in the last decade. The proponents of population disarmament explain this by claiming that fewer gun owners are buying more guns.

Gun owners are buying more guns. But substantial numbers of new gun owners are buying guns as well. In a study of California gun buyers, where all gun purchases are required to go through government approved gun dealers, the percentage of new gun owners varied from 32% to 40% when looking at periods before the Newtown (Sandy Hook) killings in December of 2012 and the San Bernadino terrorist attack in December of 2015. From the study, annals.org:
Acquirer characteristics were also similar across the 2 periods. Ninety percent were male, and approximately 70% were white. First acquisitions accounted for 40% of all acquisitions in the year before the Newtown shootings and 32% in the year before the San Bernardino shootings.

A reasonable hypothesis is that new gun buyers would increase after highly publicized incidents. In another recent study, California data suggested that 59% of the increase in gun buyers after the Newtown (Sandy Hook) killings, the increase in buyers was mostly (59%) made up of new gun owners. From the Wellesley study in Science:
Interestingly, although the NICS data do not provide any information about buyers, the California transaction records suggest that 59% of the additional purchases in response to Sandy Hook were made by first-time firearm buyers.
If even a third of gun purchases over the last decade were new gun owners, that would be a whopping 39 million new gun owners.

39 million new gun owners is more than enough to make up for losses as old gun owners die. It does not count the potential of gun ownership increasing by the transfer of guns through estates or gifts or private sales not recorded by NICS.

39 million new gun owners would mean that gun ownership has increased significantly, but gun owners are unwilling to tell survey takers that they have guns in their house.

California is different from the rest of the United States. Gun regulations are much more restrictive there than in most states.

The California data may not be representative of the United States as a whole. but the number of new gun owners found in the California data is another indication that gun ownership rates in the United States are increasing, not declining.

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

Gun Watch

Followup OR: U-Haul Employee Shooting found Justified

Tyson B. Pfau, 27, won't be prosecuted in the shooting death of 53-year-old Robert R. Porter, who police say tried to rob the Powell Boulevard U-Haul office at gunpoint on Jan. 3.

Detectives learned Porter went into the business and demanded money while wielding a handgun, Portland police said in a news release. Pfau shot him multiple times during the incident, police said, and another employee called 911.

Police said witnesses and Pfau, a concealed handgun license holder, cooperated with investigators. Police released no additional details about the circumstances of the shooting.

More Here

TX: Self Defense claimed in Lubbock Shooting

LUBBOCK, TX - A police report quotes one person as saying a deadly shooting in the 2900 block of Vicksburg Avenue Saturday was self-defense.
More Here

Monday, January 22, 2018

Ill: Chicago Politician Victim of Armed Robbery

Aaron Goldstein, above, is an ambitious Chicago politician and Progressive lawyer. He was campaigning in his ward in Chicago when he and his crew were robbed at gunpoint by three young men. The robbery took place on Thursday afternoon, 11 January, 2018. From the chicagotribune.com:
The robbery took place about 3:25 p.m. in the 4600 block of North Albany Avenue in Albany Park, when three men in their early 20s approached them, according to a law-enforcement source.

One of the men flashed a handgun and demanded the camera equipment and other personal belongings from the team, according to police.

The gunman and two other men robbed Goldstein and four others of camera equipment and their cellphones before they ran away, the law enforcement source said. As of Thursday evening, no one was in custody, police said.

Police described the three suspects as between 20 and 24 years old. They did not release a detailed description of the suspects.

The three young robbers were probably young black men. That would explain the lack of a description of the suspects. It is unlikely the victims were unable to determine the skin pigmentation of the robbers.

The cliche is that a Conservative is a Democrat who has been mugged. I do not think it applies to committed Progressives. They have so internalized their false assumptions about reality that is is nearly impossible to change those assumptions.  Consider this about Mr. Goldstein's policy on guns. One of his key assumptions is that the sole vested interest of the NRA is to sell more guns. From chicagotribune.com:
He will undertake unique, progressive solutions to the spread of gun violence, including going after gun manufacturers and the NRA whose sole vested interest is to sell more guns.

He will aggressively wage a fight against Trump and his policies that hurt and disrupt Illinois and its residents. He will aggressively protect Illinois' environment and promote a sustainable economy. He will eliminate legal obstacles to all Illinoisans having access to affordable, quality health care, which he believes is a fundamental right and not a privilege.
While the NRA is not opposed to the sale of firearms, it is not the NRA's only vested interest. Maintaining their membership base is far more important.

His assumptions do not include the rule of law and a government limited in power by the Constitution. They cannot. They are directly opposed to it. You cannot have quality health care as a "right", and have limited government. As a Progressive, you can be sure his desire to "eliminate legal obstacles" does not include a reduction in government regulations and rules, but in adding to them.

I do not expect Aaron to learn much from his armed robbery experience. He will find ways to rationalize and deflect the experience to blame capitalism, white men, and the existing "system" for his difficulties. He will find ways to label the robbers as the real "victims".  A consistent refrain in modern Progressivisim is the elimination of any responsibility for personal actions and choices.

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

Gun Watch

GA: Domestic Defense? Felon Shoots Girlfriend's Ex

Ernest Watson, the live-in boyfriend of Murphy’s children’s mother, shot Murphy several times after Murphy physically assaulted the woman, Marbury said.

Watson was later arrested at a nearby gas station and charged with felony murder, cruelty to children and possession of a weapon by a convicted felon.
More Here

AZ: Gunfight, Armed Resident and Visitor return Fire at Intruder in Truck,

Based on the evidence and statements given, investigators believe the man in the truck drove onto the property unannounced and became stuck in the garden.

When a 48-year-old man who lives at the residence and another 48-year-old man visiting approached to check on the driver, the driver fired at least one shot. Both men were armed, deputies say, and fired back at the driver, killing him.

YCSO does not believe the people involved in the shooting knew each other.

Officials say self-defense is a factor in the ongoing investigation and no arrests have been made.

More Here

Sunday, January 21, 2018

Pizza Shop Owner: Armed Employees Welcome

A justified defensive shooting in a Texas Pizzaria resulted in the death of one of the armed robbers. The response by the restaurant owner shows the acceptance of defense of self and others is gaining legitimacy in the United States. Here is the relevant part of the official statement released by La Bella Pizza owners. From myhighplains.com:
We at La Bella Pizza on Olsen are deeply saddened by the incident that occurred last Tuesday, January 9th. Our hearts go out to All the families that are involved during this trying time. Our policy always has and always will be that our employees are welcome to legally and responsibly possess the means to defend themselves and others around them.
The robber,  36 year old Clayton Jerrell Morgan, was armed with an air pistol altered to look like a real gun.  Morgan was killed when he pointed the air pistol at an armed employee. Morgan's accomplice will be charged with murder under the felony murder rule. 
The shooting illustrates one of the reasons why only 20% of justified homicides are recorded in the FBI Uniform Crime Reports. Morgan's death will be listed as a murder because of the felony murder rule. It will increase the official count of murders in the United States, and reduce the official count of justified homicides.

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

Gun Watch

MO: Intruder Shot and Killed after Unlawful Entry, Assault

The Phelps County Sheriff's Office says the shooting happened early Tuesday. The slain man was identified as 39-year-old William Lee Dale, of Rolla. The release says Dale unlawfully entered the home and was shot by a fearful resident after the assault.
More Here

CA: Self Defense in Oakland Shooting?

The shooter was 55, the man shot was 27.

The shooting happened about 7:11 p.m. Tuesday in a building in the 2300 block of Market Street.

Police said the men got into a verbal dispute which turned physical and ended with the older man shooting the younger man. The suspect was arrested at the scene.

Police were still investigating the shooting Wednesday and did not release additional details.

More Here

Followup LA: Intruder Shot by 76-Year-Old Woman Identified

New Orleans police have identified the burglar who was shot Saturday morning by a Treme resident when she found the intruder in her bedroom. They said Gary Delton, 22, will be booked with aggravated burglary and criminal damage to property.
More Here

Saturday, January 20, 2018

AL: Constitutional Carry on the Move

Constitutional Carry is on the move in Alabama.  Senate Bill 3 would eliminate the need for a carry permit for law abiding adults.   From dothanfirst.com:
Senate bill 3, sponsored by senator Gerald Allen, would repeal the permit requirement for the carrying of firearms.

It would allow any law-abiding adult who can legally possess a firearm to carry a handgun for self-defense in Alabama without having to first obtain a permit to do so.
The NRA-ILA confirms the essence of he bill. It does not eliminate the shall issue permit system that is now in place. Alabamians would still be able to obtain permits for reciprocity with other states. Alabamaians would still be able to obtain a carry permit as an alternative to the NICS instant check stystem. From the nraila.org:
Senate Bill 3, sponsored by Senator Gerald Allen (R-21), would repeal the permit requirement for the carrying of firearms. This important legislation would allow any law-abiding adult who can legally possess a firearm to carry a handgun for self-defense in Alabama without having to first obtain a permit to do so. This legislation would allow law-abiding adults in Alabama to carry in a manner that best suits their needs and improves their ability to defend themselves and their loved ones from danger.
In essence SB 3 would put into law what Alabamians overwhelmingly voted for in Amendment 3 of the Alabama Constitution. Amendment 3 passed with 72.5% of the vote in 2014.  Amendment 3 protected the exercise of the right to keep and bear arms in Alabama with strong language.

Arms may be carried in only two ways, openly or concealed. Requiring a permit for concealed carry is clearly a restriction on the right to bear arms. SB 3 is the legislature enforcing the Constitutional amendment with statutory reform. Here is a description of Amendment 3. From ballotpedia:
Proposing an amendment to the Constitution of Alabama of 1901, to provide that every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny; and to provide that no international treaty or law shall prohibit, limit, or otherwise interfere with a citizen's fundamental right to bear arms.
 In 2017, three years after Amendment 3 was made part of the Alabama Constitution,  the Alabama Senate passed Constitutional Carry 26-8. The bill died after some law enforcement agencies spoke out against it. At l

A year ago, Senator Allen vowed to keep sponsoring the bill until it passes. From al.com:
"It's time we give our citizens the right to bear arms without first seeking the government's permission," Allen said.

Alabama already allows people to openly carry a holstered pistol without a permit. Allen said there is no logical reason to continue the permit requirement for carrying a concealed pistol.
 Alabama has a short legislative session. This is done deliberately, to limit the damage a legislature can accomplish. The legislature convened on 9 January. The regular session will end on 23 April, 2018. That is only three and a half months to pass bills.

There are 13 current members of the Constitutional Carry Club. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia.

Vermont was the only Constitutional Carry state until 2003, when Alaska passed its modernization bill. Arizona was next, in 2010. Since 2010, ten more states have modernized state law to reflect respect for the exercise of the Second Amendment.

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

Gun Watch

Canada: Thief Blasts Way out of Locked Car

This is unusual. With a long gun, he might have used the butt to knock out a window.  Shooting inside a car is hard on the ears.

EDMONTON—Police in Edmonton say a woman who allegedly witnessed someone breaking into her vehicle used the remote door locks to trap the suspect inside.

But police say the would-be thief appears to have shot his way out by blasting a window with a long-barrelled firearm.
More Here

Friday, January 19, 2018

Pistols for Defense against Bears? Failures are Rare

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

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

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

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

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

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

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

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

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

Comprehensive article from Gun Watch published in 2017

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

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

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

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

Original story from Anchorage Daily News

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Paint Creek reenactment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23. AK: Guide Kills Attacking Grizzly with 9mm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Jamaica: Car Thief Shot by Licensed Firearm Owner

A man who was allegedly caught stealing a motorcar is now admitted to hospital in critical condition after he was shot and injured by a licensed firearm holder, who is the owner of the motor vehicle, in Hanover Monday morning.
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Thursday, January 18, 2018

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

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

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

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

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

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

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