Sunday, March 31, 2019

Federal Judge Follows Law, Denies Fishing Expedition in State AG Antti-First Amendment Case

Judge Robert S. Lasnik, who ruled for a lawsuit by State Prosecutors against both the First and Second Amendments, refused to allow the prosecutors to bully people and organizations not parties to the lawsuit. The Order was published on Friday, 22 March. The ruling, given Judge Lasnik's history, was welcome. His decision came on Friday,  From
BELLEVUE, WA – A U.S. District Court judge in Seattle has denied a motion by the Washington State Attorney General’s office that sought to compel the Second Amendment Foundation and Defense Distributed to provide discovery responses in a lawsuit the state filed against the U.S. State Department relating to the publication of information about 3D printing of gun designs.

The four-page order was signed by U.S. District Court Judge Robert S. Lasnik on Friday. In his order, he reminded state Attorney General Bob Ferguson’s office that when a preliminary injunction was issued last August, it was not against the private defendants in the case, only the federal government. Ferguson’s office is suing the government, SAF and Defense Distributed, the source of computer design data relating to the production of 3D printed guns.

In his ruling, Judge Lasnik noted, “the injunction issued in this case regulates the acts or omissions of the federal defendants: it imposes no duties or restrictions on the private defendants, but rather reinstates the pre-July 27, 2018, regulatory scheme related to access, discussion, use, and reproduction of the CAD files. Plaintiffs did not request relief from or against the private defendants, and the Court made clear at oral argument that the injunction itself did not require the private defendants to take or refrain from any activities…”

He further reminded Ferguson’s office that, “…the private defendants are no more subject to the preliminary injunction than is any other person contemplating the export of computer data files that would allow the creation of guns and their components with a 3D printer.”

Judge Lasnik was appointed by President Clinton on 11 May, 1998. He assumed senior status (semi-retired) on 27 January, 2016.  Lasnik applied a permanent injunction against Defense Distributed on August 27, 2018. The injunction prevents the settlement made between Defense Distributed and the Department of Justice to go forward. The Department of Justice reached the settlement because they believed the prosecution to be a direct case of violation of First Amendment rights, which they would lose in court.  From, 31 July, 2018
During the Tuesday hearing in Seattle, Eric Soskin, a lawyer for the U.S. Justice Department, said they reached the settlement to allow Defense Distributed to post the material online because the regulations were designed to restrict weapons that could be used in war, and the online guns were no different from the weapons that could be bought in a store.

Since the weapons “did not create a military advantage,” he told Lasnik, “how could the government justify regulating the data?”

But the judge countered, “There is a possibility of irreparable harm because of the way these guns can be made.”
How the do the people bringing the lawsuit have standing? Where have they been harmed?  The information that would be allowed is already on the Internet. The ability and knowledge on how to make simple firearms is widely available on paper. People have been making guns at home for hundreds of years. The entire lawsuit is a farce.

It has not been ruled a farce. Perhaps now, when the Department of Justice is no longer consumed by the infamous Mueller witch hunt, they can work to have this injunction against civil rights thrown out of court.

That is not likely, because Washington State is in the Ninth Circuit Court of Appeals. The Ninth Circuit is famous for having the highest reversal rate of any of the circuits.  Moreover, the Ninth Circuit is notoriously slow in reaching decisions, especially decisions involving Second Amendment cases.

The Ninth is overturned in about 80% of the cases that are accepted by the Supreme Court; but the Supreme Court only accepts a small sample of the overall cases. Thus, most bad Ninth Circuit decisions are allowed to continue to have effect throughout the Ninth Circuit.

This case should never have been allowed to be brought.  It is an excellent example of what you get when judge shopping is allowed.

Where does a single judge in Seattle obtain the power to neutralize the First Amendment for the nation based on a dubious theory of hypothetical harm?

The Supreme Court has allowed that power for far too long. 

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

FL: Man Disarms Home Invader, Shoots Same with Rifle

The two elderly women tried to defend themselves from the man and woman invading their home.
Thomas said his grandmother fought back with a brick while he took the man's gun.

"I turned the rifle around just in time," he said. "I had enough strength from seeing them hit my grandmother to actually shoot the man."

Thomas said an officer patrolling around the corner heard the shots and responded immediately.
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NV: Domestic Defense, Woman Shoots, Kills Boyfriend who Threatened Her

When they arrived, a hysterical woman came out and said her boyfriend had threatened to kill her. Police initially believed that a man was holed up inside of a vehicle and that led to a barricade situation involving SWAT.

Eventually they discovered that the man was dead inside the car.
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PA: 70-Year-Old Shoots Man who Kicked Car

The unidentified 70-year-old man told police he was involved in a road rage incident with a 42-year-old man on the 700 block of Foulkrod Street shortly after 8 p.m. Thursday. The 42-year-old man allegedly kicked a dent into the 70-year-old man’s vehicle.

The 70-year-old told investigators he was scared and pulled out a gun. He then fired a shot through his window and struck the 42-year-old man once in the back, police said.
More Here

TX: Off Duty Female Officer Fires at Car Burglar

HOUSTON, Texas (KTRK) -- An off-duty HPD officer fired at a car burglar in her driveway overnight in southeast Houston, police say.

It happened near Reed Road and MLK Boulevard.

Authorities told ABC13 the officer was at home when she heard a noise outside around 2 a.m.
More Here

Followup NC: All Charges Against Jonathan Kirk, AKA DaBaby, Dropped in Fatal Self Defene Shooting

HUNTERSVILLE, N.C. (FOX 46 CHARLOTTE) -- All charges in a deadly shooting at a Huntersville Wal-mart have been dropped, officials said.

Charlotte-based rapper Jonathan Kirk, known as 'DaBaby,' appeared in Mecklenburg County court Thursday for a misdemeanor charge of carrying a concealed weapon. Prosecutors asked for a continuance after a key witness failed to show up. That motion was denied. As a result, the state was forced to dissmiss the charge.
More Here

Saturday, March 30, 2019

Illinois FOID Second Amendment Case Appealed to Illinois Supreme Court

A very interesting Second Amendment case has developed in the Illinois state court system. The case challenges the requirement to qualify for, pay for, and have in possession, an Illinois Firearm Owner Identification card (FOID), to legally possess a firearm in the home for the purposes of self defense. The case is very clear. The Illinois court ruled the requirement to have an FOID was unconstitutional. From
This is a case in my own circuit court that we have been monitoring for the past year. The court ruled the FOID Act unconstitutional in regards to the licensing and taxing requirement to be in possession of a firearm or ammunition in your own home. The IL Attorney General has appealed the case to the IL Supreme Court.

Cliff notes: Lady with a clean record, in possession of a single shot, bolt action rifle .22 in the home for personal protection. No FOID but otherwise eligible for a FOID. Judge ruled requiring a license and charging a fee/tax to exercise a Constitutional right in the home unconstitutional.

We were in contact with the attorney for this case and discovered he was retiring and will not be representing Ms. Brown at the IL Supreme Court level. We have sought legal representation for Ms. Brown and believe the case will be in good hands. More news to follow!
The first decision on the case made numerous findings. Here is part of the wording on requiring a person to obtain a permit and pay for the permit to legally exercise her rights under the Second Amendment. The case was decided at the district court level on 14 February, 2018.  From Illinolis vs Brown:
10. In this case the facts show the defendant possessed a gun, in her house, for the purpose of self-defense without a FOID card. To require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment to the United States Constitution as applied to the states and a violation of Article I, Section 22, of the Constitution of the State of Illinois, as applied to this case only.

11. Based upon the forgoing, the Court finds 430 ILCS 65/2(a)(1) unconstitutional as applied to this case.   
There were several motions filed after the decision in February of 2018. The Court addressed those concerns and made additional findings on 16 October, 2018, in their Order denying the motion to reconsider the finding of unconstitutionality.

The court found the original ruling was correct, it found the requirement for the FOID card was impossible to comply with under the law. The law required the FOID card to be constantly on the person of the owner, 24 hours a day. If the person left the home, the card had to be both in the home and on the person.  In addition, any person in the house with firearms in the home had to have an FOID card, whether they owned any firearms or not.

In the October ruling, the court found the FOID was unconstitutional under the Second Amendment and unconstitutional because it was impossible to comply with.

The State of Illinois appealed the case to the Illinois Supreme Court on 11 November, 2018.

The Illinois Supreme Court granted an  extension to prepare a brief on 23 January, 2019.

Another extension was requested on 12 March, 2019. That was the final extension. The brief is due on 26 April, 2019.  From
124100     People State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court   (White).
 Motion by Appellant for an extension of time for filing appellant's brief to and including April 26, 2019. Allowed. Final extension.

Order entered by Chief Justice Karmeier
The implications of this case are large. If the Illinois Supreme Court upholds the District Court decision, the only appeal would be to the Supreme Court of the United States, which is not required to grant certiorari (accept the case).

A great deal of Illinois gun law is based on the FOID card. If requiring a picture ID, paying a fee, and applying for the FOID are infringements on the Second Amendment, how can the same requirements be constitutional, while defending yourself outside the home?

The District Court specifically quoted the "Shall not be infringed" clause of the Second Amendment.

State Supreme Courts tend to act with greater speed than the Federal court system.

We may see the Illinois State Supreme Court rule on this case in 2019. The Illinois State Supreme Court has been generally consistent in upholding Second Amendment rights under the Heller and McDonald decisions.

To reiterate: The only legal appeal from the State Supreme Court is directly to the United States Supreme Court.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Followup TN: Perry Thomas, 24, Identified as Home Invasion Suspect who was Shot, Killed

Police arrived and found Thomas lying on the living room floor with a gunshot wound, according to court records. He was taken to a local hospital where he later died.

The man who shot Thomas, identified by police as Edward Garth, 32, has not been charged.
More Here

AR: Clerk Shoots, Wounds Robbery Suspect

LITTLE ROCK, Ark.- Little Rock Police are investigating after a man is injured in a shooting Wednesday morning.

Little Rock Police say Micah Stafford, 30 of Little Rock, flagged down officers and told them Tre Harris, 21 of Little Rock, tried to rob him.
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MS: Domestic Defense, Man Shot, Killed by Stepson

"Officers later learned that the victim had been shot by his (wife's) juvenile son, after making threats toward her and attempting to force his way into the home," Sgt. Roderick Holmes said in a news release. "Officers also learned that there had been a prior disturbance call at the residence the day prior but the male had gone before officers arrived."
More Here

TX: Gunfight, Man Shoots, Kills Robbery Suspect who Pointed RIfle at Him

He told investigators that a man wearing a mask walked up and pointed a rifle at him, so he pulled out his own gun and started shooting because he thought he was going to get robbed.

The suspect was shot and killed.

More Here

PA: Domestic Defense, Boyfriend Shoots, Kills Woman's Ex

A man shot and killed his girlfriend’s ex-boyfriend after the ex intentionally crashed into his car during a violent Tuesday night in Philadelphia, police said.

More Here

Friday, March 29, 2019

California Gun Parts Dealer, Patriot Armory, Sued by New Jersey AG, for Legal Sale

New Jersey has a reputation as one of the states most hostile to the Second Amendment. The reputation was upheld on Friday, 22 March, 2019, when anti-Second Amendment Attorney General Gurbir Grewal announced a lawsuit against a gun parts dealer based in California, U.S. Patriot Armory.  The parts dealer sold a kit to manufacture a gun at home to a New Jersey undercover investigator.  From
State authorities say they’ve filed a first-of-its-kind lawsuit against a gun retailer accused of selling a kit to assemble an AR-15 rifle to an undercover investigator in New Jersey months after the Garden State banned “ghost guns."

A complaint filed in state Superior Court in Essex County on Friday accuses a California gun dealer, U.S. Patriot Armory, of ignoring a cease-and-desist letter sent by the state attorney general in December, weeks after Gov. Phil Murphy signed a new law making it a third-degree crime to purchase firearm parts with the purpose of assembling a gun without a serial number.
U.S. Patriot Armory does not seem to have violated any law. It has always been legal to sell gun parts in the United States and to ship them through the mail. It has always been legal to manufacture your own gun in the United States. In the famous Heller decision, Justice Scalia mentioned that it might be Constitutional to regulate commercial sales of guns. Implied is that it would not be Constitutional to regulate private sales or the manufacture of guns by individuals for their own use.  From District of Columbia v. Heller:
The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
Since Heller, we have found the above compromise language was inserted into the decision at the insistence of Justice Kennedy, as reported by former Justice Stevens:
The effort failed. But Justice Stevens wrote that he helped persuade Justice Anthony M. Kennedy, who was in the majority, to ask for “some important changes” to Justice Scalia’s opinion. A passage in the opinion, which Justice Scalia had plainly added to secure a fifth vote, said the decision “should not be taken to cast doubt” on many kinds of gun control laws.
Major changes in gun law in the United States occurred in the Gun Control Act of 1968, when the Congress turned the purpose of the Commerce Clause on its head, and used it to  allow states to  prevent commerce between the States instead of preventing the States from taxing or preventing commerce.  The 1968 law made it illegal for federal dealers to sell guns to people from another state; and for individuals to send guns through the mail across state lines, unless it was to a dealer.

In this case, the State is attempting to have their cake and eat it as well. They claim the kits are essentially guns; and they can claim they are not violating Second Amendment rights because they are not stopping the sale or transfer of guns.  Crucial to the case is the definition of "what is a gun?", or more precisely, what is a legal firearm?

In the United States, the BATFE had to answer the question as part of the administration of the 1968 GCA. Clearly, a barrel is not a firearm. Clearly, a trigger is not a firearm. The BATFE concluded the part that other parts were assembled on would be legally considered the firearm. That part is called the receiver. Parts that are not receivers are not firearms under the law.

The definition begs the question: What is a receiver?.  Is a piece of metal a receiver? A piece of pipe? Is a can of epoxy a receiver? While these items can all be made into receivers, they are not receivers. The BATFE ruled that a receiver had to be more than 80% complete to be defined as a receiver under the law. A person who was willing to make their own receiver, or to complete one that was partially machined, could make their own firearm, which has always been legal under American law and the Second Amendment.

New Jersey is one of only six states that does not have a clause in the  state Constitution protecting the right to keep and bear arms in some way.

New Jersey AG Girbir Grewal is already being sued for violation of the First Amendment in an attempt to censor the publishing of instructions, online, on how to make guns. 
The State of New Jersey has deep pockets. The lawsuit was filed in a New Jersey Superior Court. This is extending a trend where governments use the civil court system to create prohibitions they desire against actions that are not against the law. It is a very dangerous precedent. The state has deep pockets. They can bankrupt individuals with lawsuits, even though an individual has not violated any law.  San Francisco City Attorney Dennis Herrera has been using this tactic against companies selling repair kits for gun magazines.

A possible counter-move to the lawsuit against U.S. Patriot Armory would be to sue the New Jersey AG for violation of rights under color of law, on the grounds that sale of gun parts are protected under the Second Amendment.

Many countries around the world prohibit their subjects from generally being armed. As part of those prohibitions, the subjects are prohibited from manufacturing their own firearms, and are prohibited from buying gun parts.  The definition of what is a firearm is often carried to extremes. In one Australian state, the instructions on how to make a gun are considered the same as the gun itself. In another, plastic replicas that look like a gun are considered the same as a real gun.

The United States is indeed different than the rest of the world. Prior restraint of publication is generally prohibited under the First Amendment. When Progressives controlled nearly all media, they argued that instructions on how to make atomic bombs was protected speech.  The ability to own and carry guns is protected under the Second Amendment. Both First and Second Amendments are under assault by those who wish a disarmed population.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Domestic Defense, Friend of Woman Shoots, Kills, Attacker

The friend came to the home and was later assaulted by the alleged attacker, the report says. During the assault, he shot the man twice. He then called authorities and reported the shooting, police said.

According to the preliminary report, the shooter has not been charged, though officers at the scene said he is being questioned.

More Here

OH: Man Shoots at Aggressive Dog

STEUBENVILLE, Ohio — Shots were fired in Steubenville on Tuesday morning at a pit bull after one man claims it was coming to attack his dog.

The man says he acted in self-defense.

"I waited till it got about 4 feet from me, and then I fired the shot at it," the man said.

A police report says officers did not find any blood in the area where the man discharged his gun.
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TN: Armed Samaritan Shoots Man who Shot at Basketball Players

The victims said Baker left the basketball court and came back with a handgun, making threats to shoot both of the victims. He then fired multiple shots toward the victims.

When officers got to the scene, Baker had been shot by someone else. He was thought to be a victim until the original victims and witnesses identified Baker in a lineup as the person who shot at them.
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OH: Domestic Defense, Gunfight, Cousins Wounded

Police were first called to a home there about 12:15 a.m. for a shooting. Officers found a 24-year-old man shot in the leg.

The man told police he got into a quarrel with his wife’s 19-year-old cousin, Quincy Rucker. Police said Rucker shot the man, who then returned fire and shot Rucker.

More Here

Thursday, March 28, 2019

Missouri Second Amendment Preservation Act SB 367

In 2019, Missouri Senator Eric Burlison, Representative Jered Taylor, and representative Jeff Pogue have introduced versions of the Second Amendment Protection Act, or SAPA.  Here is a link to SB 367 introduced by Senator Burlison.

The bill uses several legal and Constitutional strategies to protect Second Amendment rights from infringement by both the Federal government and various Missouri governments.

The principle Constitutional strategy is the anti-commandeering doctrine, which has been well established in Constitutional law and in the Supreme Court cases of New York v. United States (1992, decided 6-3) and Printz v. United States (1997)  and  Independent Business v. Sebelous (2012).

These cases validate the doctrine that the Federal government has no power to force state agencies or officers to do what the Federal government orders them to do. The Federal government can require actions for the state to receive funds from the Federal government, but that is all. 

Legislatively, the bill would protect Second Amendment rights by refusing to allow any state officers to enforce any Federal laws considered infringements on Second Amendment rights by the definitions of the bill.  Those include any taxes, stamps, or fees exclusively applied to firearms, accessories, or ammunition.  It applies to any registration or tracking of those items.

No person would have the authority, under the State of Missouri, to enforce those measures.

The proposed bill has teeth.

Anyone who deprives a citizen of Missouri of Second Amendment rights under color of law, would be subject to law suit or other redress. Sovereign, official or qualified immunity would not apply.  State officers who violate the law would be ineligible for employment by the state in any law enforcement or law enforcement supervisory capacity, or by any political subdivision of the state.

This is a very tough, very comprehensive bill.

It seems to nullify several existing federal statutes, such as the National Firearms Act of 1934, the Gun Control Act of 1968, and the Brady law. Such measures could be enforced by federal agents, but not by people employed by the State of Missouri or its political subdivisions.  Very few cases could be brought by Federal Agents alone.

This is not the first time SAPA has been pushed in Missouri.  In 2013, a very similar bill to SB 367 was passed by the House and the Senate. Governor Jay Nixon vetoed it. A veto override failed because two senators switched their votes.

In 2014, a similar bill had passed the House. It looked likely to pass the Senate, but legislative maneuvering by the House leader, John Diehl allowed for an amendment of the bill just minutes before the end of the session. According to
John Diehl chose none of those options. Instead, he waited, and waited, until 5:40 pm when there was only 20 minutes left, to pass an amended HB 1439 and send it to the Senate. That made the bill an easy target for a liberal filibuster. HB 1439 was on the senate floor with ultra-liberal Sen. Jolie Justus filibustering it when the final bell rang on the last day of the year's legislative session..

The final entry on HB 1439's Action page tells the rest of the story: "Taken Up - Time expired pursuant to the Constitution."

John Diehl purposely killed the Second Amendment Preservation Act and tried to make it look like it was the Senate's fault.
 Several of the key players who opposed SAPA in 2013 and 2014 are gone. John Diehl resigned over a sex and text scandal. Senators who opposed the bill have left.

Both the current Governor, Mike Parson, and Lt. Governor Mike Hehoe supported the bill previously.

Exactly what will happen if the bill passes is unknown.

I am sure law enforcement officers in Missouri will not be sending people found with short barreled rifles to the BATFE for prosecution.

Exactly what else will happen remains to be seen.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

IN: Armed Homeowner Stops Home Invasion by Intruder Wearing POLICE vest

Shortly after midnight, police say 34-year-old Carl Simion went to a home in the 9200 block of East McGregor Road on the south side of Indianapolis. While wearing a tactical vest with the word "POLICE" marked on it, he reportedly used a gun to confine the homeowner and several other people inside.

That's when the homeowner pulled his own gun and shot the suspect. After the homeowner used his gun to defend himself and his family, Simion reportedly fled the home.
More Here

IL: Armed Man Stops Car Burglary

ROCKFORD, Ill. (WIFR) -- A man, who police say was a valid concealed carry holder, pulled out a gun on a man who allegedly attempted to steal belongings from his car Monday night in Rockford.

  More Here

AL: Gunfight, Home Invader Wounded

Montgomery police Capt. Regina Duckett said Monday that the man injured in the shooting was identified as 30-year-old Jubry Bledsoe, who was charged with first-degree burglary, second-degree assault, discharging a firearm into an occupied dwelling and being a person forbidden from possessing a firearm.

Bledsoe allegedly forcibly entered the residents on Queensbury Drive and got into an altercation with another man that ended with gunfire, Duckett said. Bledsoe then fled from the residence and was later found near Stephens and Holt streets.
More Here

TX: Armed Homeowner Reacts to Naked Man in Backyard

From a different room in the house, Gradney told his wife it was probably nothing, but he suddenly heard her scream.

"This guy actually stayed in the backyard as my alarms were going off and just kept ringing the doorbell," Gradney said.

Gradney said he went into protective mode and grabbed his gun.

More Here

Followup VA: Naked Intruder, who was Stopped by Armed Homeowner, Sentenced to Rehab

McCleish said he was looking at the video when he heard a voice coming from somewhere in his house. He told the court he picked up his gun and walked out into the hall.

There stood the same man, still wearing nothing, his body covered with tattoos, the court was told.

“He scared me to death, I stopped in my tracks,” McLeish said, but added it was immediately apparent the intruder did not have any kind of weapon.
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Followup CO: David Claussen found not Guilty of Homicide of Alexander Hudspeth, by reasons of Self Defense

The prosecution went all the way to a jury trial.

EVERGREEN, Colo. (CBS4) – A homeowner in Evergreen has been found not guilty of shooting and killing a man living in his home. David Claussen was arrested in May of 2018.
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London knife crime: Six stabbings in less than six hours including 'targeted attack' in capital

The British gun ban does not deter gang-bangers and other impulsive low-lifes.  Knives are just as lethal as guns

The knife crime epidemic that continues to plague the streets of London showed no sign of slowing yesterday as six stabbings were reported in less than six hours in the capital.

At 3.20pm on Tuesday in Blackheath, south-east London, an 18-year-old man was stabbed in broad daylight in what was described by witnesses as a "targeted attack".

Across town in Hounslow, south-west London another attack was about to take place. At 4.20pm a 26-year-old man was stabbed, and around half an hour later another man, 20, was slashed just yards away.

Police are still trying to establish whether or not the two incidents are linked and were given extra powers to stop and search in the Hounslow Borough until 4am Wednesday morning.

At 6.05pm in Tottenham, north London, a boy who is believed to be 17 was slashed across the face with a knife in the fourth incident of the day.

Less than an hour had passed before Metropolitan Police were dealing with another stabbing, this time in Barking, east London when a 19-year-old was set upon by a gang.

Then, in Tooting High Street, an 18 year-old was found stabbed after officers were called to yet another altercation.

Wednesday, March 27, 2019

Columbus City Attorney Sues Ohio for Protecting Second Amendment Rights

On 27 December, 2018, the Ohio legislature voted with more than the two thirds majority required to override Governor Kasich' veto of HB 228

HB 228 strengthened Ohio's preemption law to prevent erosion of Second Amendment rights in Ohio. The right to own, possess, and carry weapons has been under attack by several cities in Ohio. Now the City of Columbus is attempting to block the new law with a lawsuit.

The City of Columbus claims that it has home rule authority to pass ordinances pertaining to the ability to own or possess firearms and firearm accessories. The lawsuit can be read at this llinkFrom
The city of Columbus today filed a lawsuit against the state of Ohio to halt legislation enacted last year because it limits the ability municipalities have to enact local gun ordinances.

Columbus City Attorney Zach Klein says House Bill 228 eviscerates the basic principle of home rule.
There is a significant barrier for the lawsuit to overcome. The Ohio Supreme Court has repeatedly ruled that the Ohio legislature has the authority to pass general laws that protect the exercise of Second Amendment rights, which are also protected by the Ohio Constitution.
 Ohio:  The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.  Art. I, § 4 (enacted 1851).
Just two years ago, in 2017, the Ohio Supreme Court refused to hear an appeal from Cleveland, Ohio, on the subject. From
CLEVELAND, Ohio - The Ohio Supreme Court on Wednesday refused to take up Cleveland's appeal of a decision that struck down a gun offender registry and several gun ordinances approved in 2015.

The decision lets stand an April 2017 ruling by the Ohio 8th District Court of Appeals. That ruling held as invalid a package of ordinances proposed by Mayor Frank Jackson and passed by City Council in the wake of a flurry of gun violence in 2014 and 2015.
The Supreme Court of Ohio made its opinion clear in a ruling on the subject in 2010. 
 From City of Cleveland v. The State of Ohio (Oct. 12, 2010):
Today this court must decide whether R.C. 9.68, a statute enacted by the General Assembly in 2006 that provides that only federal or state regulations can limit an Ohioan’s individual right to bear arms, is a general law. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.
Those rulings seem clear. Home rule authority in Ohio does not extend to passing ordinances that interfere with general laws passed by the state legislature. In particular, home rule does not grant authority to cities to infringe on the right to bear arms protected by the Ohio Constitution.

In a republic where the powers of government are limited, cities do not have the power to pass any and all ordinance the government may wish. Some powers are forbidden to them.

 ©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

GA: Dispute Leads to Confrontation, Shooting, No one Hit

The person who answered the door was a 6-year-old boy, police said. The women pushed their way into the home and Zeno-Barrett demanded the DVDs that she said were promised to her. While the victim and his father begged for the women to leave, Zeno-Barrett became angry and ripped the DVD player off the TV stand in the living room, according to the police report.

When the man’s father tried to stop her, Zeno-Barrett pulled out a gun and pointed it at them, police said. In return, her uncle grabbed his firearm. The other women backed out the door and Zeno-Barrett fired one shot that hit the wall above her uncle’s head, according to police. All of this was done in front of the boy.
More Here

CO: Man Shoots Intruder who Kicked in his Door

One of the men is believed to have kicked in the door of the other man's apartment, then the man who lived there shot the man who busted down his door, Black said.

The intruder was shot multiple times. He was taken to the hospital with critical injuries.
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NC: Armed Employee Shoots, Kills Robbery Suspect

WASHINGTON, NC (WITN) - Police say a Rocky Mount man was shot and killed early Monday as he tried to rob a Washington sweepstakes and vape business.

The deceased man has been identified as 42-year-old Grant Waters.

Police said they were called to Player's Vape on U.S. 264 West around 12:15 a.m. Monday for an armed robbery and shots fired call. Inside, police found the attempted robber had been shot by an employee of the business who had a concealed weapons permit.
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IN: Domestic Defense? Woman Shoots 30-Year-Old Man, Claims Self Defense

INDIANAPOLIS, Ind. — A 30-year-old man is in critical condition after being shot by a woman who claimed to be acting in self-defense.
More Here

Followup WA: Fight, Shots, Disarm?, Suicide?

Thomas, 52, of Clarkston, was an overnight visitor to Marvin Lukehart, 83, at Lukehart’s home in the Sonary Crest retirement community at 2015 Sixth Ave.

Lukehart told Thomas to leave but Thomas refused and a fight ensued, the release said. Thomas reportedly hit Lukehart numerous times with a rock, injuring him. Lukehart got hold of a handgun and, during a struggle over the firearm, several shots were fired, the release said.

More Here

CO: Clerk Shoots Armed Teen Robber

CENTENNIAL – A would-be robber at a gas station in Centennial ended up at Children’s Hospital after the store’s clerk shot him early Saturday morning.
More Here

Tuesday, March 26, 2019

CZ75 Republika Presented to President Trump by Czech PM Babis

On March 7th, 2019, President Trump and the First Lady met with Prime Minister Andre Babis of the Czech Republic and his wife, in the White House.  The meeting was cordial, with both men celebrating the bond between the two countries.

After the meeting, PM Babis told reporters that he had presented President Trump with one of one hundred custom crafted CZ75 pistols created for the centennial of the Czech Republic in 2018. The pistol presented to President Trump had serial number 1946, the year of President Trump's birth. From
(Google translation)
After the meeting, Prime Minister Babis informed the Czech journalists who were present, that Babiš brought President Trump a rare CZ 75 jubilee pistol from the workshops of Česká zbrojovka in Uherský Brod.
The CZ75 is one of the most popular pistol designs in the world. It is said to be the second most copied pistol design, only exceeded by the Colt M1911 designed by John Moses Browning. The patents for the CZ 75 were only valid in the Warsaw Pact, in Czechoslovakia.

The Republika is chambered in the ubiquitous and proven 9 x 19mm cartridge, also known as the 9mm Parabellum, 9mm Luger, or 9mm NATO.  On the left side of the pistol near the front, the words PRAVDA VITEZI are engraved. They translate to TRUTH PREVAILS.  On the right side of the pistol, you can see the sights are the world famous Meprolight tritium night sights made in Israel.

In the video of the meeting between President Trump and PM Babis, the presentation of the pistol is not shown. It appears all the major media networks missed the presentation of the pistol to President Trump. 

 Link to Youtube video of Meeting

The pistols of this extremely limited production run are valued at about $9.000. The pistol comes in a lovely presentation case which includes a picture of Tomas Masaryk, who is considered the founder of the Czech Republic.

The CZ75 is a modern designed pistol primarily used for self defense, police work, and modern military organizations. The CZ75 has been in service in more than 20 countries.  It is not a gun designed primarily for hunting, like a double rifle. It is not politically correct.

It has been common in history to present ornate firearms to powerful rulers

Perhaps this presentation will revive the tradition of political figures being gifted with firearms works of art that are also functional and icons of national pride.

Abraham Lincoln was presented with a heavily engraved Henry Rifle, the most advanced military rifle of its day.

Several Presidents have been presented firearms. President Kennedy ordered a U.S. Garand from the Civilian Marksmanship Program. Since President Kennedy, the U.S. Media has pushed for restrictions on the ownership of firearms. Few presidents have openly embraced the Second Amendment as President Trump has. Second Amendment supporters are waiting for legislative action to follow  President Trump's court appointments in support of Second Amendment rights.

The CZ75 will become the property of the United States, unless President Trump chooses to pay for the pistol from his private funds.

I am not familiar with a U.S. President being presented with a pistol since President Grant.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

SC: Armed Woman Shot at Man who Threatened her with Hammer

According to the sheriff's office, the man left his home on Kestrel Court reportedly armed with a hammer, went onto his neighbor's property and reportedly threatened her.

Sgt. JT Foster said the woman then fired a gun at him, but did not hit him.
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Followup CA: Thomas Neil Harris Deemed to have been Acting in Self Defense in 20 March 2019 Shooting

The Humboldt County Sheriff’s Office Criminal Investigations Division has completed interviews and has reviewed the evidence associated with the shooting that occurred on the 300 block of Twin Trees Road March 20, 2019. At this time, the Sheriff’s Office has determined Thomas Neil Harris to have acted in self-defense.

Mr. Harris was released from the Humboldt County Correctional Facility in the evening of March 20 per Penal Code 849(b)1.
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UT: Armed Resident Scares off Ax Weilding Suspect

The resident told arriving deputies they were awakened by a man yelling outside. After grabbing a weapon, the resident opened the front door and was confronted by the ax-wielding man, who was yelling for them to come outside, according to the press release. Once the suspect saw the resident’s weapon, he got back in his vehicle and fled the area.
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AZ: Grandmother Shoots, Wounds Home Invasion Suspect

CORDES LAKES, AZ — Authorities say a grandmother shot a home invasion suspect after he broke in, refused to leave and got into a fight with her husband.

According to the Yavapai County Sheriff's Office, 42-year-old Gregory Hardy broke into a home near Cordes Lakes Drive and Stagecoach Trail around 7:30 p.m.

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Monday, March 25, 2019

AK: When "Human Rights Commission" acts to Chill Exercise of the Bill of Rights

A scandal is developing in Alaska, as the head of the Human Rights Commission (HRC) has been implicated in directly chilling the exercise of the First and Second Amendments of the Constitution. Governor Dunleavy has ordered an investigation of the scandal.

The head of the HRC, Marti Buscaglia, became upset over a bumper sticker on a contractors work truck.   The bumper sticker showed the silhouette of an AR15 type rifle, along with the words "Black Rifles Matter".  It is a pretty common call to support the Second Amendment. Brenton Linegar owns Sage Mechanical, the small plumbing and air conditioning company that owns the truck. Sage Mechanical's client is the owner of the building where the truck was parked. The HRC rents space in the building. Somehow, the Executive Director of the HRC in Alaska interpreted the Second Amendment sticker as being offensive.

The picture of the Second Amendment sticker of Black Rifles Matter on the truck, with the license plate, was posted on the official  Alaskan HRC facebook page, with the comment: "In what world is this OK?".

 At first, it was not clear what Buscaglia found offensive about the bumper sticker. Was it the pro-Second Amendment message? No. The HRC, after considerable comments on facebook, clarified Buscaglia had read the sticker as "racist".  The best reporting I have seen on this issue is on From
Gov. Michael Dunleavy has asked the Department of Law to launch an investigation into the apparent abuse of state power that occurred on Thursday at the parking lot of the Alaska Human Rights Commission.

The executive director of the Alaska Commission on Human Rights, in her own handwriting, told a plumbing company to move its vehicle from the parking lot due to what the bureaucrat thought was a racist sticker.
Buscaglia left a handwritten note, written on the back of her business card. In addition,  there was a business card left by State Probation Officer Kendall Rhyne.

Other commenters on facebook have claimed there is more to the scandal than Buscaglia telling the contractor to leave the parking lot because of the sticker, posting a picture of the truck on the official facebook page, and leaving the intimidating note and business cards in  the vehicle. From

Sandie Roach The business card is one issue. The other is the email she sent to his client. As we haven't seen it, here is the jist...
The client had received an email from Marti Buscaglia, the Executive Director of the Commission. According to Linegar, the email implied Linegar was a racist and asked the client to “please do something” about Sage Mechanical. The email also accused Sage Mechanical of performing substandard work and exercising poor judgement.
 If the email asking the client (the owner of the building) to "do something" is real, the matter may become a serious criminal  case.  It is illegal to conspire to deprive someone of their Constitutional rights. In this case, it is the right to free expression under the first Amendment. From
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
It seems unlikely the head of  the Alaskan HRC would not realize the potential criminality of their actions.

Marti Buscaglia does not have experience in the law, or a legal degree. Her experience is in newspaper management. 

 There is a section of the federal law (18 U.S.C. Section 242)  that makes it illegal to use an official government position to deprive anyone of rights, privileges, or immunities under the color of law. It is unclear if Buscaglia's actions meet that level of illegality. It appears she was using the power of her office to intimidate Brenton Linegar. The investigation called for by Governor Dunleavy should determine if that is correct. Using the power of her office to pressure the client to fire Sage Mechanical would be illegal, if it were based on his political views, as evidenced by the Second Amendment Sticker.

The scandal and investigation are ongoing.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch  

AL: Clerk with Gun Scares off Suspects Armed with Swords

BIRMINGHAM, AL (WBRC) - It was back to business for Precious Spencer just days after the Family Dollar on Bessemer Road was robbed by two men armed with swords.

"One had a short one and one had a long one,” described Spencer. Spencer, who had only been on the job for two days, was in the store with two more managers when it happened. She said one of those managers spotted the two men and took action.
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CA: Woman with Gun Fires at Man with Knife

FRESNO, Calif. - A man is now in custody after police said he pulled a knife on a group of women in a Fresno store. Police said one of the woman then opened fire on him.

It happened just before 7 p.m. Thursday at the Kearney Center in the area of Fresno and A Streets.

Police initially thought the woman had shot him, but store clerks said the man cut himself with his knife.
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IN: Indianapolis, Home Invasiton Suspect Shot by Homeowner

Police said an individual with a pistol attempted to confine people in the house and was shot by the homeowner.
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IL: Armed Homeowner Shoots Home Invader

CENTERVILLE, Ill. – One man was shot early Friday morning following a home invasion in Centreville, Illinois.

More Here

SC: Man Holds Intruder, City Employee, at Gunpoint

CHARLESTON, SC (WCSC) - A dramatic 911 phone call details the moments someone allegedly broke into a man’s house and the owner held him at gunpoint last Tuesday.

“Breaking and entering, I just got a man at gunpoint," 911 caller and homeowner Mathew Fillmore said. “I’m holding him at gunpoint. Call the police right away, send them over.”

During the call, Fillmore threatened the man several times if he moved.
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TX: Gunfight, Attempted Disarm, Roommate Shot, Killed Intruder

The intruder shot at the resident, at which point one of the residents tried to wrestle the gun away from him, officers said.

While the intruder and resident were fighting, another roommate rushed to the room and got a gun. Police said the roommate shot the intruder, killing him, police said.
More Here

Sunday, March 24, 2019

Gun Safety Bill is Moving in Arizona

A rational gun safety bill is moving forward in the Arizona legislature. The bill would repeal the requirement for armed Arizonans to unload, then reload, their firearms everytime they drive onto school grounds to pick up their child. From
He pointed out that existing law already permits adults — anyone 18 and older — to drive onto public school campuses with a gun in the vehicle. And if the person leaves the vehicle, the firearm has to be stored out of sight and the vehicle must be locked.

The only difference, Farnsworth said, is that current law requires that the gun be unloaded before reaching the school, a requirement HB 2693 would eliminate.
As legislatures across the country move to repeal infringements on the Second Amendment rights to keep and bear arms, the process is messy and intermittent. Arizona restored Constitutional Carry in 2010. As with most such bills, compromises were made to repeal 98% of the restrictions.
Because the Supreme Court decision in U.S. v. Heller defined "schools" as "sensitive areas" where arms could be regulated, a requirement that guns kept in vehicles on school parking lots, driveways, and other areas, had to be unloaded, was not repealed.

The law creates a bizarre dynamic. If you exercise your Second Amendment rights in Arizona, and are going to pick up your kids at school, you have to stop, unload your self defense gun, then pick them up. After they are picked up, if you wish to exercise your rights, you have to stop, load your self defense gun, then continue.

The situation was thrust upon me one day. I was visiting a friend, who said he had to run some errands. Would I like to continue the conversation and ride with him? I said yes. We stopped at a store; we continued driving. He said: I have to pick up the kids. I had about five seconds to draw my Glock 17 and unload it before we were on school property.

It was plenty of time. Most people probably would not have bothered. As an instuctor, I knew the legal jeopardy I would be in. I knew I could, as a passenger, draw the Glock safely and unload it.

While fatal gun accident rates have decreased 94% over the last 90 years, it is desirable to continue that trend. Carrying a gun is a very safe activity, especially in a holster. Loading and unloading a gun is safe as well;  but many more accidents occur while loading and unloading than while simply carrying.

It is  safer to just carry the pistols rather than to mandate numerous more loadings and unloadings.

Look at this from the side of the consciously unarmed. They see more restrictions on those exercising their Second Amendment rights as a positive. Making it difficult for people excise their rights, especially making it legally risky, are things they see no downside to.  Why would they? They have made the decision to be unarmed. They do not see infringements on the right to bear arms as costing them anything. They are unwilling to admit that more armed citizens help to keep them safe.

HB 2693 is a one of the simplest bills I have seen.  It removes five words from Arizona statute 13-3102, the phrase  "is not loaded and that", which removes the requirement that firearms be unloaded in a means of transportation, under the control of an adult, on school grounds.

Arizona Citizens Defense League has been the moving force behind this bill, with able assistance from the NRA.  Full disclosure: I am a lifetime member of both the AZCDL and the NRA.

Many parents with school age children are armed in Arizona. Most of them probably ignore the unsafe requirements of  the existing law. 

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

TN: Gunfight, Octogenarian Woman Shoots, Wounds Home Invader

The victim, a woman in her 80s, told police she was in bed when she heard a loud noise, grabbed her weapon and went to check on it.

“She asked the young man ‘what’re you doing in my house?’ He responded by firing a couple of rounds,” Evans said. “Well, she responded back by firing a couple rounds from her weapon.”
More Here

Followup PA: Elvis Nuñez Justified in Fatal Shooting of Armed Felon Jamil Jamal McCormick

The District Attorney’s Office has ruled that a West Philadelphia grocery store owner was justified last week when he fatally shot a masked would-be robber who had first fired at him, a Police Department spokesperson said Thursday.

"The case is cleared as a ‘justifiable killing of a felon',” police said in a statement.

More Here

KY: Man Shot While Attempting to Break into Home

Police told WYMT the man was shot while allegedly trying to break into a home on Bradfordtown Right Road Wednesday night.

More Here

Followup OR: .45 Beats AR15 in Meth and Motorcycle Dispute, No Charges

Lorne was woken up by the shots fired, and looked out of his bedroom window to see O'Coyne pointing the rifle in his direction, according to the report.

While still in bed, Lorne retrieved a .45 caliber handgun and fired approximately four shots at O'Coyne. Multiple shots fired by Lorne hit O'Coyne's car. One of the shots struck O'Coyne in the head, killing him.

Lorne then called 911 to report the incident.
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NC: Democrat Lt. Governor Candidate Defends Home with Shotgun

Strange case. He used a shotgun to keep Intruders out, then tries to say how it shows the castle doctrine is not needed in North Carolina...

Allen Thomas Jr. said the incident, at his Greenville residence, makes him question N.C.’s Castle Doctrine law.

Hoke County commissioner and Democratic N.C. lieutenant governor candidate Allen Thomas Jr. said he used a 12-gauge shotgun to scare away several people who had entered a townhome he rents in Greenville.
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MS: Gunfight, Firefighter and Suspect

A JFD District Chief confirms that the victim was a Jackson firefighter.

Police say that shots were fired after the suspect tried to rob the firefighter.

The firefighter was not injured. It is unclear if the suspect was hit.
More Here

Saturday, March 23, 2019

One of New Zealand Mass Murderer's Primary Goals: Gun Control in the Uninted States

The mass murderer in New Zealand was not an ordinary active shooter. He is a political terrorist who is working to advance a political agenda. One of his primary goals is to further gun control in the United States. His manifesto clearly states that goal. From The Great Replacement:
Finally, to create conflict between the two ideologies within the United States on the ownership of firearms in order to further the social, cultural,political and racial divide within the United states.This conflict over the 2nd amendment and the attempted removal of firearms rights will ultimately result in a civil war that will eventually balkanize the US along political, cultural and, most importantly, racial lines.This balkanization of the US will not only result in the racial separation of the people within the United States ensuring the future of the White race on the North American continent, but also ensuring the death of the “melting pot” pipe dream.
The mass murderer studied the mass media, perhaps better than most political terrorists do. He saw their prejudices, their agendas, and structured his attack to use their weakness for his purposes. From his manifesto:
Why did you choose to use firearms?
I could have chosen any weapons or means.A TATP filled rental van. Household flour, a method of dispersion and an ignition source.A ballpeen hammer and a wooden shield.Gas,fire,vehicular attacks,plane attacks, any means were available. I had the will and I had the resources.I chose firearms for the affect it would have on social discourse, the extra media coverage they would provide and the affect it could have on the politics of United states and thereby the political situation of the world.The US is torn into many factions by its second amendment, along state, social, cultural and, most importantly, racial lines.With enough pressure the left wing within the United states will seek to abolish the second amendment, and the right wing within the US will see this as an attack on their very freedom and liberty.This attempted abolishment of rights by the left will result in a dramatic polarization of the people in the United States and eventually a fracturing of the US along cultural and racial lines.
His study of  the Media in the United States revealed the Media uses mass shootings to push for gun control in the United States, and elsewhere in the world. He wants the United States to balkanize. He re-emphasizes the point:

Won’t your attack result in calls for the removal of gun rights from Whites in the United states? 
Yes, that is the plan all along, you said you would fight to protect your rights and the constitution, well soon will come the time.
The mass murderer has little in common with Second Amendment supporters. He wants state control of the economy, partly for purposes of ecology, much like current Progressives and Socialists in the United States and Europe. He insists on the identity politics of race, much like the Progressives in the United States. He wants to end the "melting pot" of the United States, much as the Progressives insist on maintaining separate ethnic and racial identities in the United States. Second Amendment supporters welcome all who support and defend the Constitution, regardless of race. He detests President Trump as a leader. He does not like President Trump's policies. The only thing he likes about President Trump is that President Trump is white. From his manifesto:

 Were/are you a supporter of Donald Trump?
As a symbol of renewed white identity and common purpose? Sure. As a policy maker and leader? Dear god no.
His inspiration is the political terrorist who he has emulated, the Norwegian mass murderer who is in prison. Anders Brevik murdered 77 people, of which 69 were from a youth camp for the far left Norwegian political parties. Brevik wanted to stop the Muslim colonization of Europe. From the manifesto:

Were your beliefs influenced by any other attackers?

I have read the writings of Dylan Roof and many others, but only really took true inspiration from Knight Justiciar Breivik.
The mass murderer is clear that he is not a conservative. He is not a fan of limited government. He calls himself a eco fascist, and considers the political structure of Communist China as the closest political structure to his own ideas. From the manifesto:
 Were/are you a fascist?
Yes. For once, the person that will be called a fascist, is an actual fascist. I
am sure the journalists will love that.
I mostly agree with Sir Oswald Mosley’s views and consider myself an
Eco-fascist by nature.
The nation with the closest political and social values to my own is the
People’s Republic of China.
Sir Oswald Mosley was a prominent National Socialist in England before and during the Second World War. Modern "Communist" China is essentially a National Socialist political system. The party running China makes the trains run on time.  The Chinese Communists call their system Socialism with Chinese characteristics.

To modern Progressives, with their identity politics and commitment to state control, the murderer's  manifesto will appear confusing. The murderer calls for more state control of the economy, and calls himself an eco fascist. The National Socialists in Germany were lovers of nature. The murderer's manifesto will be confusing because, while he operates from identity politics, his identity politics are the opposite of current Progressive's identity politics. He sees white people as the oppressed, endangered minority in the world.

Muslim terrorists wish to spark an all out war with non-Muslims. The terrorist in New Zealand has the same goal from the opposite perspective. He wishes to inflame a defensive war by non-Muslims against Muslims who are invading the west.

After 911, I wrote the Muslim attackers were not cowards. From their perspective, they were courageous and dedicated warriors.  Cowards do not take over airliners and fly them into buildings on a suicide mission.

The more intelligent, committed, and  coherent political terrorists are, the more dangerous they are. This attacker was/is more dangerous than most. He claims the attack was planned out over a two year period, and was in retaliation for terror attacks by Muslims. As a more general note, he says his attack is in retaliation for 1300 years of Muslim aggression, conquest, and murder.

Here is a prediction, based on the murderer's agenda. The firearms he used will be found to have been manufactured in the United States. That works to advance his goal of pushing the Democrats in the United States to enact strict infringements on the Second Amendment.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch  

MS: 78-Year-Old Shot, Killed by 69-Year-Old in Self Defense

A DeSoto County man has died as a result of an argument with another man that turned into a deadly shooting.

DeSoto County Sheriff’s Department officials Tuesday reported the victim was identified as 78-year-old Lucian “Butch” Angelo. He was shot at his neighbor's home, 8790 Tulane Road South, which is in rural DeSoto County southwest of Hernando.
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GA: ARmed Neighbor Shoots Pit Bull to Stop Attack on 6-Year-Old

“She was bleeding real bad,” he told the news station. “The dog had the little girl’s leg and was shaking it.”

Rico eventually picked up the girl before Dean shot the dog in the rib cage, Channel 2 reported. Another neighbor called 911, and authorities wrote an incident report. However, the dog’s owner is unknown since it was not wearing a collar.
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MO: Landromat Worker Shoots Armed Robber

COUNTRY CLUB HILLS, Mo. - A laundromat worker turned the tables on a would-be robber, shooting the suspect Wednesday morning.

The shooting happened just after closing time around 12:00 a.m. at the Mally Laundromat in the 7400 block of West Florissant Avenue in Country Club Hills.

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NM: Armed Judge Captures Car Burglar for Police

CARLSBAD, N.M. (KRQE) - A thief breaking into a car was stopped by a gun-toting judge.

Police say Eddy County Magistrate Judge Kelly Calicoat caught the man in the parking lot behind the courthouse breaking into a car, and held him until officers arrived.

A criminal complaint says he walked out the back of the courthouse to see 40-year-old Carlos Quintana rummaging through the car, which belonged to a clerk there.

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Friday, March 22, 2019

NM: Driver Shoots, Kills Passenger During Confrontation

ALBUQUERQUE, N.M. (AP) — Police say a driver for a ride-hailing service shot and killed a passenger along Interstate 25 in Albuquerque.

Albuquerque police say 27-year-old James Porter and a friend had gotten into a confrontation with the driver after they called for a ride Sunday.
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Thursday, March 21, 2019

Pistols or Handguns 95% Effective When Used to Defend Against Bear Attacks, 63 Cases

In January, 2018, I published some original research on the efficacy of pistols in stopping bear attacks. It started with this observation:
On the Internet, and in print, many people claim that pistols lack efficacy in defending against bear attacks. Here is an example that occurred on
“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. There has been much conjecture about the lack of efficacy of pistols for defense against bears. A little searching will find a plethora of fantasy, fiction, mythology, and electrons sprayed about the supposed lack.
In the original article, there were 37 instances of bear attacks where people attempted to defend themselves or others from a bear or bears, with a pistol.
Of the 37 attacks, there was only one failure, giving a success rate of 97%.

The criteria for inclusion in this study is a pistol had to be fired to defend against a bear or bears. If a pistol was not fired, the incident was not included. If the use of the pistol stopped the attack, it was a success whether the bear was killed immediately, or left the scene, as long as it stopped attacking.

All methods of defense against bears have similar problems of access. A handgun or bear spray in a pack, or a rifle slung over the shoulder without a round in the chamber, should not be counted as a use of the method to defend against bears.  All of the methods can be carried for easy access. It is not a fault of the method if the user did not have them available for use, or if the attack was too quick to allow use.

I and colleagues have searched for instances where  pistols were used to defend against bears.  By the time of the original article I and my associates found 37 instances which were fairly easily confirmed.

Our renewed efforts have found another 26 instances. The earliest happened in 1936, the latest mere months ago. The incidents are heavily weighted toward the present.  The ability to publish and search for these incidents has increased over the years. In addition to the pistol defenses, there are two new instances where pistols were used in combination with rifles, one where a pistol was used on an aggressive bear hit by a vehicle, two examples where pistols were present but not used, one indeterminate case, and two examples of unconfirmed incidents.

Both bear and human populations have increased.  Reliable and powerful pistols have become more popular, legal, and commonly carried.

The 63 cases include three that meet the criteria for failure. That translates to a success rate of 95%. You need not rely on my judgement or that of my colleagues. Read of the successes and failures for yourself. Make your own judgements. Some links may not work. Sources on the Internet often go dead after a few years.

The pistol calibers, when known,  range from .22 rimfire to .460 Smith & Wesson Magnum. The most common are .44 magnums.  Here are the cases, sorted by caliber and date:

We found five cases involving a .22 rimfire pistol. Four were successful, against black bears. One failed against a polar bear

1. 1936, Alaska: From More Alaskan Bear Tales Page 267 .22 Rimfire  Reference January 31, 1936 black bear
 A black bear with cubs had chased Mr. Nutter up a tree. When the sow came after him, he was able to shoot and kill it with a .22 pistol.

2. 1971, Idaho: From Guides tales of Adventure,.22 rimfire page 62 black bear

Walt Earl was a government trapper and hunter who also guided hunters. He had to kill a black bear and cubs in a depredation hunt.  The hunter forgot his ammunition for the hunter's .44 magnum. Walt took refuge on the trunk of a huge pine that had blown down. The sow came after him.
She climbed up and walked straight down the trunk toward me and my pea shooter.

Her head swaying and teeth popping, I held my shot. From behind the flimsy barracade of twigs, I took aim for her throat, and yelled for the dogs to take her. They moved by didn't answer the challenge.

She stood 20 feet away, with all her attention focused on my throat. I had, in a way, brought a knife to a gunfight.

With eight rounds left in my 10 round clip, I pulled the trigger with my sights on the swaying bruin's throat.

One. Two. Three. Four. If anything, these rounds just angered her more.

Five. Six. Seven. Eight.


On the eight shot, something happened. Rocket, that old redbone hound, charged up into the bear, sinking his teeth into the sow's side. They both went flying. from the log, claws flying and teeth snapping in midair.
As the dogs fought the sow, Earl reloaded. Then, as the sow came at him again, he fired 10 more shots from his Ruger .22 pistol. The dogs distracted the sow once more. The fight moved into a thicket. The sow was found there, dead from two .22 rounds that had reached her vitals. There were 14 .22 caliber holes in her. A bio of Walt Earl is included at the end of the book.

3.  1 September, 1995, Norway, Svalbard Island, .22 rimfire, Failure Polar Bears:  Proceedings of the Twelfth Working Group
On 1 September, 1995, two male tourists were attacked by an adult male bear on a remote island in eastern Svalbard. The two tourists defended themselves with a .22 calibre pistol which proved ineffective. One man was killed, the other injured. Police later shot the bear.

4. 24 June 2012, Arizona,  Pondorosa Campground, .22 rimfire, black bear, (caliber previously unknown)
The bear had entered the man’s tent and attacked him. His fiance’ and a one-year-old child were also in the tent and were able to escape unharmed and sound the alarm to other campers in the nearby area.
Reports indicate that another camper at a nearby campsite shot at the bear several times with a handgun at close range after the attack. The bear left the area, and it is unknown at this time if or how many times the bear was hit.
.22 caliber mentioned at fox10phoenix story

5. 25 July, 2016, New Mexico, Silver City, .22 Rimfire, black bear.
The startled cubs bawled out for their mother, which came running around the corner. The woman fled into her house, but her dogs slipped out the open door. A fight ensued between the adult bear and the dogs, during which the woman attempted to scare the bear away. The woman’s husband arrived armed with a .22-caliber pistol and fired a single shot in the bear’s direction, Peralta said.

The bear ran off and collapsed about 40 yards away, dead from the gunshot wound, Peralta said. One of the cubs was found near the house and the other was found in a tree.

We found one case involving a .380 pistol. It was successful.

1. 14 April, 2006, Tennessee: From .380 defense against 350 lb+ black bear    The bear had killed a six year old girl and mauled her mother and brother. The attack occurred on Friday, 14 April in 2006, in the Cherokee National Forest in Tennessee.

The bear bit the boy’s head, then went after the child’s mother after she tried to fend off the attack with rocks and sticks, Hicks said. The animal picked up the woman with its mouth and dragged her off the trail.

The girl apparently ran away, and almost an hour passed before rescuer Danny Stinnett found the bear hovering over her body about 100 yards off the trail.

Stinnett, a county fire and rescue chief, said he approached and was about 25 feet away when the bear charged him on all fours. He said he fired at the bear twice with his .380-caliber pistol, scaring it off.

“I know I hit it,” Stinnett said. “It reared up on its hind legs. It was as big as you and me.”

 We found five cases where 9 mm pistols were used to defend against bears. All were successful.

1. 17 August, 2002, Alaska, Russian River,  Grizzly Charged Fishermen, 9mm
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.

2. 31 August, 2004, Colorado: Black Bear Charged  John Tiebohl, 9 mm, Bachelor Gulch
BACHELOR GULCH – The Aug. 31 shooting of a bear in Bachelor Gulch still echoes among residents in the upscale enclave.The Colorado Division of Wildlife continues to investigate the incident, in which homeowner John Tietbohl shot and wounded a bear outside his Daybreak Ridge home. Tietbohl told officers the bear had been trying to get into his home, then charged him as he was getting into his car that evening. Tietbohl, who had been carrying a 9-millimeter pistol as a sidearm to protect himself from the bear, shot and hit the animal, which left a trail of blood as it ran off.Earlier in the day, Bachelor Gulch security officers had repeatedly sprayed pepper spray at the bear near Tietbohl’s house, but the animal stayed around. The bear also reportedly slipped into Tietbohl’s garage in the days before it was shot.

3. 20 April, 2009, Germany, Kassel, Brown Bear, 9mm Sig is police issue
However, one of the bears attacked the cop and bit him twice on the left calf. The injured policeman shot the 180-kilogram (397-pound) bear five or six times with his service pistol. The circus director was sharply critical of the police action, which he described as "out of proportion."

4. Last week in July, 2016, Alaska: 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.

5. 6 October, 2017, Montana:  Bowhunters, Spray Failed, 9mm, Grizzly , account from two sources, Todd Orr, and Eye-witness, Beaver Creek

I interviewed both sources. The attack was reported to Fish and Game, but was not published.  Consistent incident recorded in USGS data base.

It was at the end of the day, and was getting dark. Two bow hunters, were returning from their bow hunt. They both had bear spray and pistols. They had agreed that if forced into defending themselves, one would use spray, the other would back up the spray with his pistol.

The grizzly bluff charged several times, blocking their return to camp.

Warning shots were fired in the air with a 9 mm pistol. The bear ran off, then came back. Bear spray was utilized but only extended 10 feet into a light head wind and did not reach the bear. The bear would not disengage. It kept coming back and getting closer.  The aggressive bear was finally shot with the 9 mm pistol at close range. It ran off. The report was made to Fish and Wildlife, and the bear was found dead the next day. Eye-witness believes it was one shot to the chest of the bear.

We found one case involving a 9.3 x 18 Makarov pistol, in Russia.

1. 2010, Russia:  9.3 mm Makarov (most likely) Police attempting to control bear.
Brown bear shot by policemen  after attack on veterinarian police s uses that time (2010) 9mm Makarov, I'm pretty sure about 95% it was basic FMJ (Full metal jackets) They shot around 8-9 shot, no one can tell how many actually hit the bear

Link to video
We found two cases involving a .38 revolver against black bears. One was a failure, one a success.

1. May, 2013, Missouri, Rodgersville, .38 revolver,, black bear
"The bear was being really aggressive and foaming at the mouth," something a game warden told him happens when bears become angry. "At that point I shot the bear."

The bear was hit three times in the chest and then ran away, climbed up a tree, and the fire department had to cut the limbs to get him down. The bear eventually died.


"I brought a 38 pistol to scare it more than anything."

When it fought back and became aggressive, he knew he had to take action, "it was self defense."Since the incident he's gotten angry emails.

2. 6 September, 2015, New Mexico: Failure, .38 revolver  Ocate, black bear
The hunter received bite injuries to his foot through his boot as he climbed a tree to try to escape the bear. He was taken to Alta Vista Hospital in Las Vegas, N.M., where he was treated and released.


In Thursday’s attack, the hunter told officials he was eating lunch under a tree when he spotted the bear and her cub in a watering hole. He took photographs and started shooting video of the animals when the mother bear got angry and charged. The hunter, who officials did not identify, climbed the tree to escape.

At one point, the hunter fell 15 feet from the tree and then managed to climb back up. He fired his pistol into the air and at the female bear in attempt to scare it, but the animal didn’t leave. He then radioed for help. His guide told officers he found the hunter clinging to the tree nearly 50 feet from the ground.
Investigating officers did not find any blood at the scene. Two bullets were recovered at the base of the tree. I interviewed  Clint Henson, one of the investigating officers. In the official report, obtained by a public information request, the revolver was identified as a .38. Only five shots were recorded. The revolver was placed in the archery hunter's pocket, so it was likely a 2" barreled 5-shot revolver.

One warning shot was fired in the air as the bear approached. The bear continued to advance, so the defender put the pistol in his pocket and climbed the tree. The bear came up the tree and bit him in the foot.  He fired four more times at the bear as it climbed the tree toward him. Two of the times, the bear backed down the tree. He continued to yell at the bear, and it eventually left with the cub.

We have found three cases where .357 revolvers were used to defend against bears. Two were successful, one was unsuccessful.

 1. 26 June, 1987, Montana: Grizzly Bear Killed After Biting Warden in Montana Forest  .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. June 20, 2010, Alaska: Geologist Pistol Defense failure  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.”
3. 26 July, 2014, Montana: Glacier National Park: Bear first sprayed, then shot with a .357, grizzly bear
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.
We have found three cases where .40 caliber pistols were used to defend against bears. All were successful.

1. 2 June, 2006, Alaska:  Black Bear broke into Anchorage home, AK Glock .40

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.
2. 20 October, 2011, Ohio: Zanesville, escaped bear, duty pistol,   .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.

3. May 13, 2017, New Hampshire:  Bristol, Officer shoots, kills Aggressive Black Bear with .40 cal Glock
Police Chief Michael Lewis said Thursday that, on May 13 at 12:25 a.m., officer Thomas Seager responded to a 911 call from a resident on Riverdale Road about a bear breaking into a garage.

When the bear advanced toward Seager, he fired a “scare” shot, causing the bear to leave the area, Lewis said.

Seager reported the incident to the state’s Fish and Game Department but, nine minutes later, the property owner called to say the bear was back and up in a tree.

The second time the officer responded, the bear came down out of the tree and advanced on Seager again, according to Lewis.

“One round was fired, terminating the bear,” Lewis said.

The animal was killed with the officer’s .40-caliber Glock handgun.

 We have found two cases where a 10 mm pistol was used to defend against bears. Both were successful.

1. 29 July, 2016, Alaska: Kim Woodman Kills Charging Grizzly with 10 mm
On 29 July, 2016, about 4 p.m. Kim Woodman was attacked by a sow brown bear at Humpy Creek.

Kim had a Glock model 20 10 mm pistol with him. He was able to stop the attack by shooting the bear as it charged at him. While backing away from the charging bear, Kim tripped and fell backward. He instinctively attempted to fend off the bear with his foot, while he concentrated on firing the shots that saved his life. The last shot was just short of contact. It probably hit the bear in the chest, but also took off the tip of one of Kim's toes.
 2. 25 July, 2018, New Mexico:  Man stops New Mexico bear attack with 10mm Glock 20

Bridger Petrini is attacked by a near 400 lb cinnamon Black bear. He kills the bear with his Glock 20 10mm during an extended fight. I interviewed Bridger. The case is detailed at the link.

We have found two cases where .41 magnum revolvers were used to defend against bears. Both were successful.

1. last week of June, 2003, Montana: Grizzly Bear attacked, man mauled, used .41 Mag to stop second attack

Bozeman daily Chronicle
Then the bear attacked again, he said, moving incredibly fast, and that's when Johnson, still on his back, reached for the pistol he wore in a holster on his belt.

"I had my hand by my side," he said. "I pulled the gun and went boom. Tell me how fast that is."

The bullet struck the bear just below the snout and it collapsed immediately and almost landed on him, he said. Then he rose to his feet and put three more 240-grain slugs in it.
2. 19 July, 2009, Wyoming: Clark, .41 Magnum, Grizzly
Jerry Ruth saw the grizzly for just a fraction of a second before it was on him.

Within seconds, the 275-pound animal had crushed the Wyoming man's jaw when it bit him in the face, fractured his rib and punctured his lung and left deep bite wounds in his calf and scratches across his back.

After the attack, the bear left him for her three cubs that Ruth saw for the first time as he lay bleeding on the dirt. When it reached the cubs about 15 yards away, the bear turned toward him again, "squaring off" as if to charge, Ruth recalled Friday.
Ruth grabbed for the .41-caliber magnum revolver he was carrying in a hip holster and relied on his training and experience as a police officer to save his life. He fired three times, saving three bullets in case his first shots failed.

But the bear dropped and didn't move, ending the furious encounter as swiftly as it started.
We have found nineteen cases where .44 magnum revolvers were used to defend against bears. All were successful.

1. late 1960s, Alaska: From More Alaskan Bear Tales Page 270, .44 magnum,  Alaska Magazine, January, 1980 black bear
The bear started to enter his shed. He took an aggressive stance and told her to get out. The bear showed no signs of leaving, so he stomped on the floor toward her. . Vic said, " Her front bows moved like black lightning... the staccato of her claws rebounding off the door and frame.... The speed at which she could move was frightening. She was too fast for me to see the movement."

She ground her teeth, and in a blur she came for him. He poped a cap and dropped the bear. What would have happened had Vic not had a pistol?

2. Spring of 1969, Alaska: Grizzly killed in self defense by "Dolly" Walker 
  Spring of 1969 as detailed in Year of the Bear. Nizina Valley east of McCarthy in Alaska. Shot by Beverly "Dolly" Walker. Picture of Dolly with bear that attacked her. She is holding the Smith & Wesson .44 magnum she used to defend herself at the Alaskan homestead.

3. Fall, 1971, Alaska: From More Alaskan Bear Tales Page 269 grizzly
In the fall of 1970, Al and his hunting partner Ron Trumblee had gone waterfowl hunting with their shotguns. Knowing there were bears in the area, they packed their .44-magnum handguns as defense against a possible bear attack.

The men heard brush breaking nearby and were soon face-to-face with an angry mother brownie. As she charged, Albert leveled his pistol and fired. He said, "She shook her head and kept coming. When she was about ten feet away, Ron drew and fired his pistol from the hip and the bear fell dead four feet in front of me." Alaska Magazine, September 1971.

4. 28 July, 1996, Arizona:  .44 Magnum used to stop black bear attack, AZ Republic, page 39,
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.

5. 24 September, 2004, Alaska: Muldoon, Hiker Kills Charging Brown Bear from 20 feet with .44 Magnum, 

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.
6. 7 September, 2006, Alaska: Grizzly attacked Moose Hunters,  Alaska, .44 magnum, The Longest Minute
 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.

7. 17 September, 2007, Wyoming: Flying H Ranch, Bowhunters Attacked by 600 lb Grizzly, Stopped Charge with .44 Magnum
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.
 8. October 6, 2007, Montana: From (Tom Miner Basin), .44 Magnum grizzly
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.

9. 2009 Nevada City Nevada, .44 magnum, black bear, 

Reported by Nevada Bear Biologist Carl Lackey
Lackey said one resident reported shooting the bear right between the eyes with a .44 Magnum after the hungry giant lifted a sliding-glass door off the tracks and started toward him. The bullet glanced off and sent the bear whirling around the kitchen, and a second shot prompted him to scramble out the back door, according to local newspaper accounts.

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

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."
11. 2010, Wyoming, Paint Creek, Shoshone National Forest, Bow hunter shot Charging Grizzly with .44 magnum

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.
12. July 24, 2014, Alaska:  Eagle River, 200 pound Brown Bear Sow, .44 Magnum Revolver

"This is not in an Anchorage subdivision," Battle said. "This is out in the big woods."

Battle said the sow attacked the man, who in turn fired at it three times with a .44 Magnum.

"The last time, I think, he got it through the lung," Battle said. "It ran back into the alders and he could hear it wheezing."

13. 19 March, 2015, Norway: Polar Bear attack stopped in Svalbard island, with .44 magnum handgun.
On Thursday, 19 March, 2015, a woman with a .44 magnum stopped a polar bear from attacking Jakub Moravec, 37, in the Svalbard archipelago. Polar bear attacks are expected there, and tourists are not allowed unless they carry a high powered firearm. In this case, the rifles were left outside the tents, but inside the protective alarm wire. The armed woman, mother of Zuzanna Hakova, shot the bear three times with the revolver.

14. 21 June 2015, Alaska: Details on Charging Kodiak stopped with a .44 Mag Revolver
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."

15. August 15, 2015, Wyoming: Grand Teton National Park: Fisherman fires warning shots with .44 Magnum, Deters Grizzly Bear Attack
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.

16. 31 August, 2015, Idaho: Bear Attacked Bow Hunter, Could not  Reach Bear Spray, Drove off Bear with .44 Magnum pistol shots grizzly
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.

17. 7 August, 2016, Alaska: Successful Grizzly Bear Attack Defense with .44 Magnum

“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.

18. 24 September, 2017 Montana: Father Uses .44 Magnum to Shoot Grizzly Bear off Son 
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.

19. 24 September, 2018, Montana:  Bow hunter used handgun to stop grizzly bear attack .44 Magnums
Blackfeet Fish and Wildlife Director Dona Rutherford says the man killed the moose on Monday and was preparing to move the animal when he was attacked by the bear.

Rutherford says bow hunters are allowed to carry guns and the hunter shot the bear with a handgun.
 Detailed article From Rural Montana Magazine December, 2018

We have found six cases where .45 caliber pistols were used to defend against bears. All were successful.

1. Alaska: Skilak Lake, Kenai Peninsula, From More Alaskan Bear Tales page 271, Maurice Goff and Jack.
Between bear raids, both men yelled and frantically sought the pistol (having forgotten the shotgun). Finally, Maurice found the pistol, pulled it from its holster and emptied the gun into the charging hulk.

The bear altered its course, and Maurice scrambled for a tree. He begged Jack to do likewise, but Jack refused to do so until he got his hands on the scattergun. Moments later Maurice felt the barrel of the shotgun and discovered Jack was on his way up the foot-thick cottonwood.

2. August 22, 2009, Montana: Grizzly shot with 9 rounds of .45 from a Glock 21 from reported
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.

3. May 28, 2010, Alaska: Denali National Park: Backpacker Stops Grizzly attack with .45 pistol
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.

4. 2 July, 2010, California, Yellow Jacket Campground (.45 ) ktvn.comh black bear

Officials say the camper woke up to hear the bear going through an ice chest. He confronted the animal, and it charged and scratched the man's face.

The man shot the bear, but it got away.

Wildlife rangers tracked the bear down and killed it late Friday.
Department of Fish & Game leading the investigation attack at 2 a.m.
From pirate4x4 quote:

The man went out with a gun and tried to shoo the bear away, Macintyre said. The bear charged the man, knocking him to the ground and scratching his face.

The bear left with food, Macintyre said. The man tried to shoo it away again, but the bear charged and knocked him down again.

Macintyre said the man then fired a shot from a .45-caliber pistol, and the animal ran away.

5. 7 July, 2014, Alaska: .45 vs 9-Foot Brown Bear, .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.

 6. 6 September, 2015, Colorado,  Winter Park .45 handgun (Mike Porras) and Mike Porras CO Fish and Game, black bear
 According to Mike Porras with Colorado Parks and Wildlife, the bear came into the family’s campground while they were present and went after some food that was out.
An armed adult attempted to scare the bear by firing two shots but the bear didn’t show any fear and wouldn’t leave. The camper then shot and killed the bear and immediately reported the shooting to wildlife officers.

Colorado Parks and Wildlife has determined the shooting was justified and no charges or citations will be brought against the camper.
We found that one of the previous .45 cases was done with a .45 Colt/.410 revolver, the Taurus Judge.

1. October, 2015, Idaho: Bear Attack on Sleeping Man Stopped with a .45 Colt/.410 revolver, black bear
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.
More extensive account in Field and Stream Here. The pistol was a Taurus Judge
I yelled and started reaching for my pistol, but the bear had shoved it out of reach while rummaging around. But then Bobby woke up and saw him standing over me and grabbed his Judge revolver. He lifted the tarp to see and then, sticking the gun right above my head, shot the bear in the face from, like, a foot away.

We have found one case where .45 Super pistol was used to defend against a bear. It was successful.

1. 6 Oct. 2017, Wyoming: .45 Super Stops Grizzly Bear Charge
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.
We have found two cases where .454 Casull revolver was used to defend against a bear. They were successful.

1. About 1993, Alaska, Kenai peninsula, .454 Casull, Craig Medred Grizzly Field & Stream February, 2003 Letters. (numerous mentions in Medred's columns) 

And here I thought the Kenai Penisula brownie I shot off my foot with a .454 Casull about 10 years ago got the worst of it.

2. 2 August, 2009, Alaska: Kenai Peninsula, Charging Brown Bear Stopped with Ruger .454 Casull,
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."
We have found one case where a .460 Smith & Wesson magnum was used successfully.

1. May 18, 2018, Wyoming: Cora, 460 Smith & Wesson magnum   Grizzly.
 The two men with bear spray had fallen 50 yards behind. The dog alerted on something. Noah thought it was some sort of big animal. Then he saw the bears, a grizzly sow and cubs, uphill. He yelled at the dog, but it was too late. The dog came running back. The sow grizzly charged, moving extremely fast. His friend from Chicago bolted back down the trail. Noah had his revolver out, as the bear came to a stop, just a dozen feet away

We have found eight cases where the handguns used to defend against bears were not identified. All were successful.

1. 2 August, 2005, Maine, Rangeley, Unknown pistol, black bear

 On Saturday night, a bear wandered into town and wouldn't leave, even after Officer Brian Hughes tried to scare it away by clapping his hands and firing his gun into the ground, Weymouth said. The bear then snarled and hissed before charging Hughes, who shot it with a handgun.

The animal ran off and was found dead the next day behind the town offices.

2. October 6, 2007, Montana: (Tom Miner Basin) and pistol defense of Roman Morris From grizzl bear:
‘‘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.

3. December, 2010, Alaska: Video of the event video posted

Described as an archery float hunt in Alaska. Video posted in Dec. 2010. A revolver was used to stop a charge by a sow with three cubs. The muzzle blast and splash from the bullet stopped the charge from 8 feet out.

4. Nov 2014, Massachusetts: Unknown Handgun, Defense against black bear
 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.

5. October, 2015, Colorado, Rockrimmon, unknown pistol, 550 pound black bear

But likely not an incident that will result in any charges: officials say that based on the investigation, the man who fired the weapon acted in self-defense.

According to CPW spokesperson Kyle Davidson, a man living in the Rockrimmon area shot the bear after it broke into his backyard. The man told authorities that he tried to shoo it away by banging pots and pans and throwing things at it, but nothing worked.

That's when he said he grabbed his pistol.

"It was a very small backyard. The bear broke through his fence...the homeowner tried to scare the bear away, get the bear away from his house. When those efforts didn't work, he felt he needed to protect his home and his family at that point," CPW Wildlife Officer Steve Cooley explained.

Cooley said the homeowner fired at the bear once, fatally injuring it. After the shooting, the man called 911 and reported the incident.

6. Arizona: 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.

7. California:  14 December, 2016, Deputy Shot Aggressive black bear in Live Oak Canyon
The family exited their vehicle and were walking up the driveway when they rounded a corner of the home and saw three bears near trash cans. One of the bears began to charge at them, according to the release.

“Fearing for his life, and the lives of his children, the deputy fired several rounds from a handgun toward the bear,” the release stated.

The apparently injured bear and the two other bears fled into the nearby brush.

8. Montana: 26 September 2018, bow hunter stopped attack by sow grizzly and nearly grown cub
A spokesman for Montana Fish, Wildlife and Parks told the Associated Press that the bow hunter was in thick brush on Montana's Rocky Mountain Front when he came across the bears at the Blackleaf Wildlife Management Area.

The hunter shot both with a pistol. The adult female bear was killed and the 2-year-old cub was wounded and had to be put down. It was unclear what led up to the shooting

There were six cases where combined arms were used to defend against bears. The four with both rifle and pistol calibers are included in the interest of complete data reporting. They are not used in the calculation of the success rate. One was hit with an automobile, then shot with pistol. The one case with .357 and .44 magnum pistols is included in the 63 pistol cases. All six cases were successful. 

1. Alaska: 26 April, 1993, combination 30-06 rifle and .44 magnum revolver
Rifle jammed, pistol did not.  From

The hunter, now very much the hunted, shot into the bear’s body, but the grizzly continued to attack him, breaking Bagley’s jaw.

I could feel bones popping and breaking in my head, but I didn’t feel any pain

Dale Bagley, attack victim

It bit him again, crushing Bagley’s cheekbones, ripping out his entire top row of teeth from his head, and puncturing behind his right eye. Another bite pulled away at the top of Bagley’s skull, and wrenched his entire body upwards.

That gave Bagley just enough room to let off more shots, and mercifully, the bear ran off.

2. Oregon: Black Bear, wounded with .338 rifle; Glide, 31 May, 2008 .45 pistol and .44 magnum revolver
GLIDE, Ore. — Aaron Wyckoff didn’t start to panic until his .45-caliber pistol quit firing, and the bear kept chewing on his arm.

So, he recalls, he tried to pull the bear’s jaws apart. Then he tried to roll down the ridge where he and the bear were wrestling. But the bear grabbed his calf, pulled him back and went for his groin.

Wyckoff said he countered by shoving his pistol and his hand into the bear’s mouth. But by then, the struggle in the Cascade Range in Southern Oregon attracted the attention of Wyckoff’s party, and other hunters rushed over.

Justin Norton fired a round from his .44-caliber pistol into the black bear’s stomach, to no avail. He approached the bear, put the gun behind its ear and fired again. It finally rolled away.

“I walked right up to his head, and he didn’t even look at me,” said Norton, 26.

With the dying bear still struggling, a final round finished him off.

“He was dead. He just didn’t know it,” Wyckoff said. “It was just all adrenaline.”

Wyckoff was helping friends track a wounded bear May 31 on the last day of the hunting season.

Fifteen-year-old Chris Moen of Glide, who had drawn the tag, hit the animal in the shoulder with a .338-caliber rifle round, but he and his father couldn’t pick up a trail of blood.
In this account, the pistol is revealed to be a Llama .45 with a 3.25 inch barrel. From

3. June 2010, Louisiana,  Walker, Bear shot by officer with a .40 cal (9 mm?) after being hit by car. (combination)
A Walker Police Department officer arrived on the scene at Burgess Ave. near Tiffany St. around 11 p.m. to investigate the auto incident and determine what kind of animal the vehicle had struck. The driver was not able to identify the animal before it moved into a wooded area near the accident site. While searching the wooded area for the animal that was struck, the officer came upon the black bear, startling the injured bear and forcing the officer to react in self defense.

Dr. Jim LaCour, Louisiana Department of Wildlife and Fisheries (LDWF) veterinarian, determined the bear had moderate to severe internal injuries from the vehicle accident, but could not determine if the bear would have survived those injuries.

The bear was an adult male weighing between 350 and 400 pounds. LDWF records indicate the bear was previously captured in 2008 in Patterson, but had not been reported as a nuisance bear since. Nuisance bears are captured, tagged and released using aversive conditioning in an effort to dissuade them from returning to residential areas.
The Walker Police department said the pistol at that time was most likely a .40 caliber, but might have been a 9 mm.

4. Wyoming: September 2010, Elk Hunters at Bruin Creek, Thorofare Country .44 magnums, .45-70 rifle
Ten minutes later another grizzly approached.

“The grizzly bear appeared to be heading towards the elk carcass and them, but they did not shoot at the time, instead they watched it in the hope it would go by the three of them,” the investigation said.

But the second grizzly, also a boar, didn’t veer away, the hunters reported. When it got within 10 feet of one of the men the entire party opened fire, letting loose nine rounds from two .44 magnum revolvers and the .45-70 rifle.

Only two of the shots connected, a necropsy would later determine.

5. Wyoming: 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.
6. Oregon, May 22, 2016 Shane Thomas, 30-06 Rifle, and semi-automatic pistol.
Finally, Thomas said he was able to kick the bear hard enough to knock him back and grab the pistol. Just as the bear went for his leg again, he fired two shots: the first did nothing, but the second pierced the animal’s gut and forced it to retreat.

Battered and bloodied, Thomas got to his feet and scrambled back to the top of the ridge where he could use his cellphone, which still worked despite being damaged.

To summarize, we have found 63 verified cases where pistols were used to defend against bear attacks. In addition, for complete data reporting, are four cases where bears were shot at with both rifles and pistols, and one case where the bear was hit by a vehicle, making it difficult to determine the efficacy of pistols alone.

Of the 63 strictly pistol defense cases, three classify as failures. There was the use of a .22 handgun against a polar bear in 1995, in Svalbard, Norway. There  the use of a .357 against an Alaskan grizzly by a geologist on 20 June, 2010. It is likely the bear was not hit in that incident. The third was the 6 September, 2015, New Mexico incident with a black bear sow and cubs, where the defender climbed a tree and used a .38 revolver. An official reported the defender said he shot in the air and at the bear. The bear backed off twice, but did not immediately leave.

There were four successful defenses with .22 rimfire. Three black bears were killed. One ran off and was later killed by officials. One defense with a .22 rimfire against a polar bear was unsuccessful.

There was one successful defense with a .380 pistol. The black bear ran off.

There were five successful defenses with 9 mm pistols. The four grizzly bears were killed, the black bear was wounded and ran off.

There was one successful  defense with a 9.3X18 Makarov. The grizzly was killed.

There was one failure and one successful defense with a .38 revolver. One black bear was killed, the other was not captured or recovered.

Two of the three uses of the .357 were successful. One was against a grizzly that was stopped with one shot, but then escaped. The other grizzly was killed with six shots fired.

There were three uses of .40 caliber pistols, all against black bears, all successful, all of the bears were killed.

There were two uses of a 10 mm pistol, one  against a grizzly, one against a black bear (cinnamon color phase). They were successful and the bears were killed.

There were two uses of .41 magnum revolvers. Both were against grizzly bears, both were successful and the bears were killed.

There were nineteen uses of .44 magnum revolvers. All were successful. Three were against  black bears, one was mortally wounded but finished off with shotgun slugs, another was killed, the third ran off, superficially wounded. Fifteen were against grizzly bears.  Nine were killed without assistance. Two were driven of with "warning shots". One was driven off, without evidence of being wounded.  Two were wounded and not recovered.  One was wounded and finished off at the scene with a shotgun slug.  One was against a polar bear. It was wounded and driven off, then euthanized by local authorities (most likely with a rifle).

There were six uses of .45 caliber semi-auto pistols against bears. All were successful. Two were against a black bears. One was killed, one was killed later,  with additional shots, by responding authorities.  Four were against grizzly bears. Three were killed with multiple hits from the .45 caliber pistols. One was driven off at night and not recovered.

There was one successful use of a .45 Colt/.410 revolver, the Taurus Judge.  The black bear was driven off, fled up a tree, and was finished off with a rifle (the pistol was a Taurus Judge).

There was one use of a .45 Super pistol. It was successful. The grizzly bear was killed.

There were two uses of a .454 Casull revolver.  One grizzly was killed while biting the victims leg. Another grizzly was shot while charging. It was finished off at the scene with a rifle brought by the defender's wife.

There was one successful defense with a .460 Smith & Wesson magnum revolver, against a grizzly. The bear was killed.

There were eight cases of pistol defenses against bears where the pistol caliber was not identified.  All were successful. Five were against black bears. Four of those were killed, one ran off and was not recovered. Two were  grizzly bears, which ran off and were not recovered. It was not determined if they were wounded or not. The last was against a grizzly sow and two year old juvenile. The Sow was killed, the two year old was wounded and later euthanized.

There was one case where both .357 magnum and .44 magnum revolvers were used. The grizzly bear was killed.

Including the combined arms cases, there were 26 defenses against black bears, 40 defenses against grizzly bears, and 2 defenses against polar bears.

Three failures out of 63 pistol cases where pistols (not pistols and rifles) were used to defend against bears translates to a 95% success rate for the use of handguns against bears.

Successful bear defenses with a pistol are probably 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 to avoid reporting the incident.  Incidents where no human is injured are seldom considered news. This creates a selection bias against successful pistol defenses against bears. There are numerous anecdotal accounts of successful pistol defenses against bears, which cannot be verified.

Predatory black bear attacks are the most common fatal black bear attacks in North America.  22 of the pistol defenses listed above are defenses against black bears, or 36%. It is reasonable to expect the actual number to be 30 or more.  Black bear predatory attacks often give potential victims good opportunities to use a pistol effectively. There is considerable incentive not to report such incidents.

I have two reported instances of successful bear defenses with a .38 special revolver. One against a black bear, and one against a grizzly. I have not been able to verify either. I have found two more reported cases of the successful use of the 10 mm pistol, and one more for the .357 magnum, but have not been able to verify them.

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.

The often cited Efficacy of firearms for bear deterrence in Alaska by Tom S. Smith, Stephen Herrero, and others, included 37 instances with handguns.

The study includes incidents when handgun use was attempted, even if the gun were not fired, when a bear attacked a human.  The instances collected were from 1883 to 2009.  They recorded 6 failures to stop the attack out of the 37 instances. That is an 84% success rate.  The different selection criteria (pistol fired v. pistol attempted to be used) can explain some of the difference. The Efficacy authors limited their data to cases in Alaska. Our study looks at all cases that can be reasonably verified in print or video. Pistol and ammunition technology have greatly improved since 1883.

The authors of the Efficacy of firearms have not released their data.  There could be as many as twelve instances of overlap between the Efficacy of firearms data set and our collection.  A combination of the data is not useful unless the Effficacy of firearms data set is released. We cannot know how many of the six failures of the efficacy study were because the handgun was not fired, for any of numerous possible reasons.

Because the problems of accessing long guns, handguns, or bear spray apply to all of the defensive methods, the most reasonable comparison is to only consider those cases in which the firearm was fired or the bear spray sprayed.

All of the instances cited in this article can be verified independently.

Here are three famous cases which were not included in this study. Two were not included because no shots were fired. The third case (Sommers) was not included because it cannot reasonably be determined if it was a successful defense with a pistol.

The Todd Orr case was not included. It is likely Todd would have avoided injury if he had prioritized using his pistol instead of bear spray. He did not fire his Rock Island 10 mm or attempt to do so.

 Tom Sommers attempted to use bear spray but was unable to make it work. The bear attacked him and he was unable to fire his pistol.  His friend used bears spray and the bear stopped the attack. Tom fired a shot, and the bear did not come back. Not classified as either a pistol failure or a success.

The Mark Uptain case was not included. Mark Uptain's Glock 10mm was never fired because Cory Chubon did not know how to operate it. It was holstered without a round in the chamber.

The Orr, Uptain, and Sommers cases might have been considered pistol failures if they had been considered in the Efficacy study. The were not in the Efficacy study, because they did not happen in Alaska.

Here are two examples of cases that sound authentic, but were not able to be documented. No date or location was included, or name of person involved. Several others have been found. Numerous other examples exist.

 from S&W forum, includes a picture:
Originally Posted by grasshopper

It was many, many years ago, but a chance encounter I'll never forget, and meeting a bear was the last thing on my mind at the time. No way out so I had to pull the trigger.

.45 Colt Single Action loaded with 255 gr. lead SWC and 8.5 grains of dirty old Unique powder.

One lucky shot between the running lights & it was all over. And yes, I was scared shi*less.

I GUARANTEE you the trigger pull & recoil will be the LAST thing on your mind in an actual Griz attack! I lived AK bush for 27 yers & was bear attacked 4 times. When the SHTF your adrenalyn levels spike & your attention is on the BEAR, not the gun! You'll never feel the recoil nor hear the report. TOTAL focus is ON the BEAR!! BTW, my backup handgun was a 44 mag redhawk w full length bbl (7 1/4 inch) shooting 320 grain WFN Hard Cast @ 1200 FPS & THAT WAS MARGINAL!! Only shot one small 6 ft black bear directly in the chest w the muzzle pushing it back when the gun went off. Flipped it out of my video stand w the sternam, heart & backbone blown out its back. Hit the ground dead w the entire muzzle blast INSIDE the bear. Her jaws were 2 inches from my nose when the gun went boom. NOT a fun experience. When bears attack its FAST!
We are continually working to increase the data set of pistol defenses against bears. If you have information about an incident outside of those shown, with locations and dates, please send it to us. There are obvious gaps in our data. One is between 1936 to the 1960's. Another is from about 1972 to 1992, with only one incident in the middle. There are likely many cases documented in books or local sources that are not easily available on the Internet. If you know of such a case, or one that can be supported with witnesses and/or pictures, but was not published, please submit it.

I urge people to send in all documented cases of pistol defense against bears, including all failures.  If you have additional details about cases in this article, please contact us.

All cases we have been able to document, since 1936, where a pistol was fired in defense against a bear, have been included in this article.

Three  failures out of 63 incidents is  a 95% success rate for pistol defenses against bears.  Using a pistol to defend against bear attacks is a viable option.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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