Friday, May 31, 2024

CA: Charmichael Domestic Defense, New Boyfriend Shoots New Girlfriend's Ex who Assaulted Him

The man who called said he got a firearm and shot the person inside the apartment, deputies said. 

"At around 2 a.m., we got a call from someone inside an apartment saying that he had shot someone who had come inside his home," said Sergeant Amar Gandhi with the Sacramento County Sheriff's Office.

The caller told deputies that a woman who was there with the man, who was her boyfriend, identified the person who was shot as her ex-boyfriend. The man shot died at the scene. 

More Here

Three Supreme Court Decisions Coming Soon (Rahimi, Cargill, Vullo)


In the October, 2023 term of the Supreme Court, the Court heard three significant cases involving the Second Amendment. Only one of these cases, Rahimi, was directly about the Second Amendment.

Supreme Court terms begin with the first week in October. Court sessions usually end by the last week of June, occasionally extending into the first week of July.  Cases decided by the court are published during the term, before the Court recesses near the end of June. During the recess from the end of June to October, the court is busy studying cases which have been argued and in working on their opinions.  We should see the opinions by the Supreme Court in the Rahimi, Cargill, and Vullo cases before the end of the first week in July.

The Rahimi case is conceptually relatively simple: Can a judge, without significant due process, remove the ability of an individual to exercise the fundamental rights protected by the Second Amendment, through the mechanism of a mere restraining order?

There is nothing in the legal history of the United States to justify such an action. However, the media framed the case completely differently. According to the media/deep state complex, the case is about whether the government has the power to protect women by preventing domestic abusers from being armed with firearms. Media headlines have repeatedly mislead the public about the issues in the Rahimi case. The Biden administration rushed the Rahimi case to the head of the line at the Supreme court, because Rahimi is not a sympathetic defendant.

Oral arguments on Rahimi were heard on  November 7, 2023. Important points about the case are: Rahimi has never been convicted of domestic violence. The Lautenberg amendment did not reduce domestic violence homicides. The Rahimi case was summed up in an Ammoland article showing the Biden administration arguments.  Commentators are unsure how Rahimi may be decided.

The second case with strong Second Amendment connections is the Garland v Cargill case, formerly Cargill v Garland. The title was reversed when the Biden administration appealed the case, decided in the Fifth circuit. In 2022, AmmoLand published an article about the Cargill case. In 2023, the Fifth Circuit, in an en banc ruling, struck down the ATF new rule on bump stocks as an improper expansion of executive branch power.  Oral arguments in Cargill were heard on  February 28, 2024. Judges seemed somewhat sympathetic to the argument that the Biden administration, through the ATF, overstepped its authority by reversing decisions it had made, over a decade, concluding "bumpstocks" were legal, and not machine guns under the law.  The Supreme Court, as influenced by the originalist and textualist appointments made by President Trump, has shown a willingness to roll back the power of the administrative state.

The third case is a First Amendment case with strong implications for the Second Amendment. The case is a lawsuit against the government of New York using its regulatory power to strong arm corporations to cease doing business with the National Rifle Association. The paper trail is clear. The governor of New York, Andrew Cuomo, spoke on the record:

“The NRA is an extremist organization,” Cuomo wrote on Twitter the following day. “I urge companies in New York State to revisit any ties they have to the NRA and consider their reputations, and responsibility to the public.”

A summation of the NRA v Vullo was published on AmmoLand in 2018. Oral arguments in NRA v Vullo were heard on March 18, 2024. Vullo is likely to be decided in the favor of the NRA. Commentators have gone so far as to expect a unanimous decision by the Supreme Court. How far the Court may go in protecting First Amendment rights remains to be seen.

The decisions on all three cases are expected to be published by the end of June, or at latest, the first week in July.

 ©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TN: Nashville Gunfight; Victim Surrendered to Police, Claims Self Defense

According to police, 23-year-old Edrick Doak told detectives he shot 29-year-old Bryan T. Lewis because he believed Lewis was about to shoot him. Lewis died after being taken to a nearby hospital.

Police said the investigation shows that Doak was carrying a box of canned goods to an apartment from his car. Then Lewis rode up on a scooter and accused Doak of shooting him on a previous date, according to police.

Doak denied it, according to police. Then Lewis got off his scooter and appeared to pull a gun from his waistband, police said. Doak dropped the box of canned goods and pulled his own gun and shot Lewis, police said.

Doak ran away and later surrendered at Metro Police headquarters.

During an interview with a detective, Doak said he received word from others that Lewis was going to kill him.

More Here

PA: Armed Samaritan assists Farrell Police During Gunfight

Acker said the 49-year-old did not cooperate with police and refused to disarm. Instead, the man began shooting and the police officer returned fire along with the bystander.

After the man was wounded, he still refused to surrender the weapon. Acker said the police officer also fired bean-bag rounds during the incident, and police used an armored personnel carrier provided by Mercer County Critical Incident Response Team to disarm the man.

Acker said the three men fired more than 40 bullets and the police officer fired about 12 or 13 bean-bag rounds.

“When you have somebody with a gun, who has demonstrated that he’s willing to use it, you have to exercise great caution, which is what they did,” Acker said.

The man was taken to UPMC Horizon hospital in Farrell then flown by medical helicopter to St. Elizabeth.

More Here

Thursday, May 30, 2024

TX: Domestic Defense, Houston Woman Shoots Ex-Husband

HPD patrol officers responded to a shooting in an apartment complex’s garage parking lot and located the suspect (Shah) suffering from a gunshot wound. Paramedics transported him to an area hospital in stable condition.

The female shooter told officers the suspect is her ex-husband. She stated she was visiting a friend at the complex when she received a text message with a photo of her vehicle from an unknown number she believed to be her ex-husband. She stated Shah also vandalized her vehicle.

The female stated when she went to the garage to examine her vehicle, Shah struck her, and in fear of for her life, she shot him. She was not seriously injured.

More Here

Wednesday, May 29, 2024

Bear Defense with a Handgun: Not Documented in Wisconsin (.22 Magnum)

Image of Ruger Single Six, 1960, .22 Magnum, courtesy Rock Island Auction


Over a year ago, this correspondent started tracking down a story about a bear killed in self self defense, in Wisconsin, in a chicken coop with a .22 Magnum revolver. With considerable effort, the source of the story was contacted.

About 1964-65, a boy was accompanying his father on the Menomonee Reservation in east-central Wisconsin. A well known logger was visited. Upon entering the log house, made of logs cut and fitted by the logger, with a fine living room paneled in knotty pine, the boy noticed a bear skin rug with a Ruger Single Six revolver prominently displayed above the mantle of a massive field-stone fireplace.

Fred Simons Jr. was the boy. Fred has shared the story which accompanied the bear rug and the revolver. As a curious young boy, Fred asked the man of the house about the revolver and the bear skin rug.

The Logger was highly skilled, and well known on the Reservation. He excelled at difficult jobs involving old growth timber. While felling a large tree, the top, which was dead, came off and struck the logger, doing him serious injury. We called those situations "widowmakers". He was required to wear a bodycast for a period of time. Logging is a dangerous occupation. The year was in the neighborhood of 1960-63. The Logger had obtained one of the recently introduced Ruger Single Six revolvers either chambered in .22 Magnum (introduced in the Single Six in 1959) or the interchangeable cylinder version, introduced in 1961. In 1960, the .22 Magnum version was advertised at $64.25. This correspondent purchased a mildly used Colt Woodsman for $60 in 1968 (before the GCA 1968 law went into effect).

We do not have a positive name for the logger.

While recovering at his home, in a fairly wild part of the reservation, the Logger was having problems with raccoons raiding his chicken coop. He kept the Ruger loaded with .22 Magnum cartridges to deal with the problem. A .22 Magnum out of a 5 1/2 to 6 1/2 inch barreled revolver will produce ballistics very close to a high-velocity .22 LR out of a rifle (40 grain bullet at about 1250 fps).

One night, a commotion in the chicken coop had him hobbling toward it, in the body cast, flashlight in one hand, Ruger revolver loaded with .22 Magnum cartridges in the other.  He got the door open and stepped inside. The door slammed shut behind him.

In the beam of his flashlight the expected raccoon transformed into a full-sized black bear.  He had limited mobility and limited space. The logger was completely justified in shooting the black bear. Not only was the bear killing his chickens, it was a serious threat in the limited circumstances in which it was discovered. Fred does not remember if the number of shots fired was mentioned. He recalls the Logger felt in extreme danger, and probably fired all the shots in the cylinder, even if he killed the bear with the first shot.

At the time, killing a chicken coop raiding black bear was considered a virtuous but not particularly newsworthy event. The body cast, the Ruger revolver in .22 Magnum, and the slamming chicken coop door make a great story.

There is not enough detail to consider it documented. We do not have a name for the Logger. We do not have a good date. We do not have any substantiating documentation, such as a diary, newspaper report, or even property records from the Reservation.  Fred was a young boy who was visiting. It isn't as if he heard the story repeated over decades.

This correspondent believes it probably happened, close to what was related. However, it is not enough to consider it documented. It will not be included it in the data base.  The story is recounted here for readers' edification and enjoyment.


©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



KY: Fight ends with Assailant being Shot, the Stealing Car

An Elizabethtown man was shot during what police say was his attempt at a carjacking on the Outer Loop in Louisville.

Jason Calhoun, 45, of Elizabethtown is facing multiple charges that include attempted murder and strangulation after Louisville Metro Police officers responded to a crash around 7:30 a.m. Friday.

Officers believe Calhoun had been involved in a fight with another person near Fern Valley Road along Interstate 65 and are under the impression the two incidents are related.

The victim of the carjacking told officers his vehicle broke down at the Outer Loop exit off I-65 North. He left the scene later returning in his wife’s vehicle and pulled in behind the disabled vehicle. According to a police report, the victim noticed the suspect, Calhoun, walking up on him from behind while he sat inside his wife’s vehicle.

More Here

Tuesday, May 28, 2024

Handguns in Defense Against Bears by Caliber - 9mm 11 incidents

Glock 17 9mm courtesy of Rock Island Auctions

Many readers are interested in how various handgun calibers have performed in defense against bears. This is a complicated subject. Sometimes, any caliber will do. Sometimes a level of power may be required. Sometimes, a level of accuracy or speed may be required. Many permutations exist.  The most important aspect, if a confrontation occurs, is to have a firearm available, easily and quickly accessible. The specific caliber is less important. These updates include all the incidents we have been able to document to the date of the update, after several years of intense searches. We have always asked for examples of failures. We appreciate readers who help us document more cases.

Here are all the cases which have been documented where 9mm handguns were fired in defense against bears. 9mm is expected to be the common 9x19mm cartridge. These cases do not include incidents where handguns were used with other lethal means, or a mix of handgun calibers were used. If more than one handgun of the same caliber was used, the incident is included.  There are  11 incidents with 9mm handguns were fired in defense against bears (six black, five brown). They were all successful. The incidents are listed chronologically.

We found 11 cases where 9 mm pistols were used to defend against bears. All were successful.

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.

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.

26 August 2005 Selkirk Manitoba, RCMP handgun, (9 mm) Black Bear

After a black bear attacked and killed Harvey Robinson, 68, his family and RCMP officers were searching for Robinson. They found his body. The bear came running at the officer.

Later in the afternoon, RCMP searched the area with family members and found Robinson’s body.

While the searchers were talking at the scene, a bear suddenly came running out of the bush and an RCMP officer fired two shots at it with is 9-mm handgun, Colwell said.

From another source:

RCMP Sergeant Steve Colwell tells us it happened just after 3:30 P.M. Selkirk RCMP went to the scene and an officer found the man. The bear then came at the officer, who fired two shots with his revolver and turned the bear away.

After a search of the area, using a helicopter, the dead bear was found about 45 yards from where it had been shot. While the second source says “revolver” the RCMP had been issued 9 mm handguns for 50 years at the time of this bear attack.

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.”

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.

October 6, 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.

September 16, 2019, Gravelly Mountains, Montana, Grizzly Bear 9mm pistols.

The second attack happened about 6:30 p.m. as two archery hunters from Washington were walking north toward Cottonwood Creek. They said they heard a noise and saw a bear charging at them. The bear struck one of the men, who initially fell face-down. During the mauling, the man ended up laying on his back with the bear on top of him. The man’s hunting partner shot at the bear with a pistol, and the bear stepped away but did not leave initially.

The bear charged two more times but did not make contact with the hunters again as both hunters fired shots at it until it departed. It’s unclear how many shots were fired or whether any of them hit the bear.

Link to Ammoland article on this case

May 31, 2020, 9mm, black bear  Sevierville, TN

Witnesses said the bear swatted the dog out of the way and continued to approach the woman. A man who lived in the home came out on the porch and fired several rounds from a handgun towards the bear to stop it. He said he was aiming at the ground in front of the bear and didn’t realize he had hit it until the bear was found dead behind the home the the next day.

More information confirming 9mm as the caliber of the pistol


2022 October 4, New Castle Colorado  9mm pistol Black Bear

A New Castle resident survived an early Sunday morning bear attack in his backyard, and Colorado Parks and Wildlife officials are searching for the bear, who escaped after the resident shot at it.

The resident heard noises outside around 1 a.m. Sunday and went outside to investigate, and the bear knocked him to the ground, according to a news release from Colorado Parks and Wildlife. As the bear attacked the resident, the man pulled a gun and fired three shots, making the bear run away. The resident was unable to identify whether or not he hit the bear.


“While outside, the victim startled a bear in his backyard, immediately knocking him down to the ground,” part of a news Release from CPW reads. “During the attack, the victim used one arm to protect his face while grabbing his gun with the other free hand, firing three shots and scaring the bear away. The victim was taken to the hospital by a family member with minor injuries to his hand, arm, and chest.”  

Confirmed: a 9mm handgun was used.

August 21, 2023 Florida Sanford,  Seminole County Unknown firearm or circumstance black bear   Black bear shot, killed in Sanford, Florida with pistol to protect man and dog. 9mm handgun Glock 43x

The FWC concluded that the man shot the bear to protect his family and his dog. Therefore, no charges or violations were found. Because of that, FOX 35 has decided not to name the man involved.

What happened?

According to the report, the man told FWC detectives that was sitting on his porch with his dog drinking coffee when his bear alarm when off and began flashing. He told detectives he had a pistol with him "due to recent crime in the area," specifically break-ins. 

He got up and looked around the corner to see a bear within 8-10 feet of him, the report said. He yelled at the bear to try and scare it off, and his dog started barking, the report said.

The bear then charged toward him and his dog. "To protect himself and his dog, he fired his pistol at the bear and unloaded a magazine," the report said.

Contact with the Seminole County Sheriff's department revealed the pistol used was a Glock 43X 9mm.

May 5, 2024, Colorado Border South of Dixon, Wyoming, Black Bear 9mm  Ruger Security 9 with 115 gr FMJ ammunition

On Sunday, May 5th, 2024 Ethan was near the northern border of Colorado. He  had left camp about 7 a.m. hunting shed antlers. A little after 11 a.m. he found himself about seven miles from camp, near the border of Wyoming, South of Dixon, Wyoming. He saw something he thought might be a shed antler across a creek, in a flat patch of sagebrush. He crossed the creek and climbed the far bank. The sagebrush was tall, over his head. He heard a bleat/bawl, which he thought might be an antelope fawn. Antelope were common in the area. Then he heard a grunt. He drew his pistol, and clicked off the safety, just in time to see a charging black bear emerging from the sagebrush 10 feet away. He was able to get his first shot off at five feet, aiming down on the charging bear. He is sure he made a solid hit. He fired a second shot as he dodged away from the bear. He is not so certain about the second shot. Then he was diving off the bank, jumping across the creek and back to where he had started the misadventure.


©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

NC: Forsyth County Gunfight Suspect Injured

Arriving deputies learned 21-year-old Preston Wilson Fansler had been shot. He was taken to the hospital with non-life-threatening injuries.

Investigators say Fansler and another male got into a fight, and Fansler fired several shots at the male victim.

The male victim was not injured and shot Fansler. 


More Here

FL: Deland Home Invasion, 2 of 4 Suspects Wounded

Four men have been criminally charged for their alleged role in a home invasion in DeLand on Wednesday afternoon, which left two of the four injured with gunshot wounds. According to a report from the Volusia Sheriff’s Office, the target of the robbery fired 17 shots at the group’s vehicle.

The incident began sometime shortly before 5:45 pm on Wednesday, when the VSO dispatch received a call about gunshots in an attempted robbery. Detectives say the suspects knew their target from having engaged in drug deals with them. The four are said to have broken in to rob him, before their target drew a gun and began firing.

More Here

Monday, May 27, 2024

Chilling Effect of Biden Final Rule; Texas Court Issues Temporary Restraining Order


On May 19, 2024, United States District Judge Matthew J. Kacsmaryk  issued a temporary restraining order against the Biden administration, forbidding them from enforcing the parts of the ATF "final rule" having to do with a re-definition of "engaged in the business" as part of federal firearms law. From the order:


Defendants are TEMPORARILY RESTRAINED from enforcing the regulations — “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” — published at 89 Fed. Reg. 28968 (April 19, 2024) (to be codified at 27 C.F.R. pt. 478) against Plaintiffs Texas, Jeffery Tormey, the Gun Owners of America, Inc., the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League, through June 2, 2024. Plaintiffs Louisiana, Mississippi, and Utah are excluded from the relief granted herein.

It is unclear what will happen after the temporary restraining order expires in two weeks.  The chilling effect on the exercise of Second and First Amendment rights has already been felt in Montana. Gary Marbut, the foremost authority on all legal issues involving gun law in Montana, has issued a press release substantiating the chilling effects on a Montana gun show. From the press release:

MISSOULA, Mont. - A gun show scheduled in Hamilton, Montana for the weekend of May 17th, 18th and 19th has been cancelled because of the new regulation by the Biden administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) redefining what "engaged in business" is for selling one or more firearms.

Typically, some vendors at gun shows have federal firearms licenses to be in the business of selling firearms and require all buyers to complete a federal background check before completing a transaction. Other venders are private sellers, not in active business, but who may be selling firearms from a personal collection or trading firearms as a hobby. Such private sales have always been legal and allowed until the new Biden/BATFE regulation about who is seen to be "engaged in the business" of selling firearms. With a change in administrative rules and definition, the new regulation could make it a federal crime for private sellers to sell even one firearm.

The proprietor for the Hamilton gun show reports that because of the uncertainties and possible criminal liabilities created by the new regulation, he is unable to attract enough vendors to cover the costs associated with putting on his annual gun show. Private sellers of firearms at gun shows are unwilling to risk prison time to pursue their hobby or sell firearms from personal collections. Therefore, this historic and regular gun show has been cancelled.

Many people have expressed concern about the effect this new federal regulatory change will have on gun shows nationwide. There are concerns that the uncertainties of this new regulation will dissuade typical vendors from having tables at gun shows. This fear appears to be proven correct by the cancellation of the Hamilton gun show. This problem will likely repeat for the thousands of gun shows held across the U.S. each year, which are typically attended by millions of people. This, in turn, will interrupt a major marketplace and recreational activity in the U.S.

It remains to be seen if the Hamilton gun show cancellation is a dead canary in the coal mine. It is likely a warning about the future of gun shows. Gary Marbut, President of the Montana Shooting Sports Association commented, "A wave of such cancellations is probably the intended outcome for the new Biden/BATFE rule."

At least three lawsuits have been filed in federal courts challenging the new Biden/BATFE rule. One lawsuit is by Texas, another by Florida, and the third is by the Attorneys General of multiple states, including Montana. All lawsuits ask for emergency orders restraining the BATFE from enforcing this new rule. As a result, the rule could be suspended by judicial order while the merits of the lawsuits are sorted out in court.

The Texas temporary restraining order applies to organizations with a national membership, such as Gun Owners of America. It appears the order will have national implications.

This correspondent expects the Biden administration to appeal the case to the Court of Appeals for the Fifth Circuit. The Fifth Circuit has not been favorable for the Biden Administrations attempt to expand restrictions on the ownership and sale of firearms by administrative fiat. Gun shows have been a target of those who wish for a disarmed population for decades. Gun shows are a locus of political power and exchange of information for Second Amendment supporters. Several of the most effective state organizations were organized thought membership drives at gun shows.  There is a clear First Amendment nexus to the viability of gun shows and Second Amendment political organization.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


KS: Gunfight at Massage Parlor, Suspect Killed, Employee Wounded

WICHITA, Kan. (KAKE) - Wichita police say a 71-year-old massage parlor employee shot and killed a man who attempted to rob the business Wednesday afternoon. 

The shooting happened at around 3:30 p.m. at Beijing Massage at 2723 Boulevard Plaza, near Lincoln and George Washington Blvd.

Capt. Aaron Moses said officers arrived to find a 44-year-old Robexy Figueroa, who was from Wyoming, in the business with multiple gunshot wounds. He died at the scene. A 71-year-old man had also been shot multiple times. He underwent surgery and is expected to survive.

More Here

FL: Kissimmee Woman Shoots Burglary Suspect

They asked Martinez-Estrada to leave the house, but he allegedly "failed to comply and continued to go further into the residence," the sheriff's office said in a press release. 

Moments later, deputies said they heard shots fired and Martinez-Estrada left the house saying he'd just been shot. 

Law enforcement rendered aid to him before he was transported to a local hospital. The extent of his injuries is unknown at this time, but he's currently in custody at the Osceola County Jail. 

The resident of the home said she "acted in self-defense of her and her family when the suspect forced his way into the bedroom the victim and her family were in," according to the sheriff's office.

More Here

Sunday, May 26, 2024

LA: Domestic Defense, Woman Attacked, Man Wounded, Attacker Shot, Killed

VPSO said that Tommy Tullis, 47, of Boyce, entered the home through a window during the night, then physically assaulted the woman in front of her children.

Two other adults were present at the home, when the male homeowner tried to intervene in the assault. Tullis then inflicted a life-threatening wound to the homeowner.

The homeowner retreated to another room to arm himself. Tullis attempted to enter the room by force, and was shot upon entry.

The male victim was transported to a medical facility in Lake Charles, but his condition is unknown at this time. The woman was treated at a local medical facility and released. The investigation is ongoing.

More Here

Saturday, May 25, 2024

May 5, 2024 Colorado near Border with Wyoming, South of Dixon Black Bear, 9mm

 On Saturday, May 4th, 2024, in an oak brush patch near his house, Ethan Daubs surprised a large boar black bear. Ethan is 23 years old. The boar climbed a tree as Daubs drew his Ruger Security 9 from his military style holster. The bear was about seven yards away. Ethan yelled at the bruin and it took off across country at speed. Ethan considered the speed of the respectful bear as it retreated through the woods. He made a policy decision. In the future, if he heard strange noises in the brush, he would draw first, evaluating as events unfolded. As Ethan tells it:

"You are far more safer to just have to put the pistol away when it was nothing, compared to having trying to get it out in a matter of life and death."

On Sunday, May 5th, 2024 Ethan was near the northern border of Colorado. He  had left camp about 7 a.m. hunting shed antlers. A little after 11 a.m. he found himself about seven miles from camp, near the border of Wyoming, south of Dixon, Wyoming. He saw something he thought might be a shed antler across a creek, in a flat patch of sagebrush. He crossed the creek and climbed the far bank. The sagebrush was tall, over his head. He heard a bleat/bawl, which he thought might be an antelope fawn. Antelope were common in the area. Then he heard a grunt. He drew his pistol, and clicked off the safety, just in time to see a charging black bear emerging from the sagebrush 10 feet away. He was able to get his first shot off at five feet, aiming down on the charging bear. He is sure he made a solid hit. He fired a second shot as he dodged away from the bear. He is not so certain about the second shot. Then he was diving off the bank, jumping across the creek and back to where he had started the misadventure.

He called his parents. They were in church. As he talked to his father, the bear reappeared with two cubs of the year, about 60 yards away.  The sow wasn't happy. Ethan fired another round into the dirt near him. The sow shook her head and took a step toward him. He yelled at the bear.  His father, on the phone, said if she comes closer, just drop her. Then the sow backed off, became respectful, and retreated. On the way back to camp, Ethan saw her one more time, much further, moving away. She was moving her head in an odd manner, and favoring one leg.

When the Colorado Wildlife and Parks warden investigated, he found large quantities of bear scat a little further than Ethan had proceeded. He said it looked like a denning area.

Ethan's holster had a push-button type thumb break military style release. His Ruger Security 9 contained a 15 round magazine loaded with Magtech 115 grain full metal jacket (ball) cartridges.

Ethan's experience is considerably different from people in similar circumstances who say they did not have time to use a pistol.  In most of the cases this correspondent has studied, there is some sort of warning before the bear is extremely close. Consider U.S. Fish and Game worker Jess Coltharp's description of what happened just before he was mauled:

“I remember looking over my shoulder, and I was saying something to them when I kind of heard the bushes crashing, and that’s when I looked up and looked over toward [where] the sound was coming from,” he said. “I couldn’t even really see it all at first because the brush was pretty thick, but about 20 feet away … this bear comes charging out of the brush at full speed.”

Coltharp was unable to unsling his shotgun and chamber a round before the bear made contact. Coltharp appears to have had more warning than Ethan Daubs. Fortunately,  Coltharp's colleague was able to shoot the bear off of him.

Ethan was by himself, far from any other human. There is little excuse to avoid drawing a pistol when an attack seems possible under such circumstances.  A second or two of preparation may make all the difference in whether a person is able to successfully defend themselves.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TN: Antioch Man Uses AR15 to Confront Car Burglary Suspects

Officials said the incident unfolded after a man said he observed two individuals looking into vehicles in the parking lot.

The man allegedly went outside to confront them and then began shooting at them with an AR-15.

Authorities reported one person was shot in the leg and taken to a local hospital. At least four vehicles, including the shooter’s, were damaged by the gunfire.

Police told News 2 that the man’s AR-15 was taken as evidence. It remains unclear if the man is facing any charges.


More Here

Friday, May 24, 2024

TX: Governor Abbott Pardons Sgt. Daniel Perry

On May 16, 2024 Governor Greg Abbott pardoned Sgt. Daniel Perry. Perry was convicted of murder on April 7, 2023, in what many believe was a politically motivated case in Austin, Texas. During the prosecution, a police detective complained about the prosecution's bias against Daniel Perry.

On July 25, 2020, BLM protestors blocked Perry's car and beat on it. Then one of the protestors, Garrett Foster, approached Perry's car with an AK47 style rifle, and motioned for Perry to roll down his window. After he rolled down the window, Perry said he saw Foster start to raise his rifle toward Perry from a low ready position. He shot Foster, the crowd around the vehicle dispersed, allowing him to drive off a short ways, where he immediately contacted the police, less than a minute after the Shooting. As he was driving away, another protester fired shots.

The Austin Police Department and the County Prosecutor refused to bring charges against Perry. A few months later, a Soros backed Prosecutor, Garza, was elected. He convened a Grand Jury and brought Perry to trial for murder.

On the conviction of Daniel Perry, Governor Greg Abbott asked the Texas Board of Pardons to give him a recommendation.  Governor Abbott is limited by Texas law, and can only pardon a person if given a recommendation to do so by the Board of Pardons.

Over a year later, on May 16, 2024, the Texas Board of Pardons unanimously recommended U.S. Army Sergeant Daniel Perry be pardoned. From the board:

The members of the Board of Pardons and Paroles delved into the intricacies of Perry’s case. The investgative efforts encompassed a meticulous review of pertinent documents, from police reports to court records, witness statements, and interviews with individuals linked to the case.After a thorough examination of the amassed information, the parole board reached a decision on May 16, 2024. The Board voted unanimously to recommend a full pardon and restoration of firearm rights. The recommendation of the Board was conveyed to the Governor on this same date.

Governor Greg Abbott acted promptly. At 1:25 p.m., Governor Abbott signed the pardon for Sgt. Daniel Perry, restoring all civil rights. From the proclamation:



Perry had been imprisoned for over a year, and had been discharged from the Army because of the conviction in Texas. From

"Daniel Perry was imprisoned for 372 days and lost the military career that he loved," Doug O'Connell, an attorney who represents Perry, said in a statement. "The action by Governor Abbott and the Pardon Board corrects the courtroom travesty which occurred over a year ago and represents justice in this case.

Sgt. Daniel Perry has been reported as being out of prison within two hours of the Governor's pardon.

Attorney General Ken Paxton is very familiar with lawfare conducted by leftist prosecutors in Texas far left jurisdictions.  From Texas Attorney General Ken Paxton:

“Americans across the country have been watching this case in Texas and praying for justice after BLM riots terrorized the nation in 2020,” Paxton wrote. “Our right to self-defense is enshrined in the Constitution. Soros-backed prosecutors like Jose Garza do not get to pick and choose the rights we have as Americans, and I am relieved that justice has prevailed.”


The shooting on July, 25, 2020 in Austin Texas was a tragic situation. In Texas, the protestors were allowed to be in the street as long as the authorities had not ordered them out of the street. The civil authorities had not ordered them off the street. Daniel Perry fully believed himself to be where he was entitled to be, and the BLM protestors blocked his way and beat on his car.  This correspondent believes the organizers of the BLM protests deliberately taught protestors to provoke drivers, attempting to obtain a violent response which could be used in the Media. By using the "oppressors" vs "oppressed" language, BLM characterized every one who was not in the protest as an evil oppressor.

Some states, such as Florida have changed their laws. In Florida, if "protestors" block roadways and public right-of-ways without permit, drivers who are threatened are allowed to use deadly force to escape the threat.

In general, Americans perceive those who block roadways to be on the wrong side of the law. Governor Abbotts pardon of Sgt. Daniel Perry is popular in Texas.

 ©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch




GA: Stone Mountain Confrontation between Neighbors leads to Self Defense Shooting

When officers arrived at the scene, they found a man with a gunshot wound. Police said the victim was in his 40s. According to police, the incident was determined as self-defense. 

Police said the shooter stayed at the scene and cooperated with investigators. They said the shooter has been released and the person in the hospital has been charged with aggravated assault.

More Here

Thursday, May 23, 2024

NICS for April, 2024: Fifth Highest in Gun Sales and Background Checks



According to the FBI records the National Instant background Check System (NICS) for April, 2024, the month was the fifth highest April on record for gun sales and for background checks. The month follows a pattern which has developed over the last five years. A gradual drop of sales and background checks from the record level highs of 2020 and 2021 has become consistent. Even with the drop in sales the numbers are still at or above the "new normal" established during President Obama's second term. President Obama was given the honorary title of "The best gun salesman ever".  In the NSSF chart for gun sales by year,  you can easily compare adjusted annual sales from before 2008 and after 2008. With President Obama's election in 2008, annual gun sales bumped to record levels.


By 2012, gun sales were about 50% higher than sales pre-Obama. With the revolutionary election of President Trump, and his phenomenal success in the oval office, gun sales dropped, but never retreated to pre-Obama levels. The deeply flawed election of 2020 set off more records, with gun sales roughly three times higher than they were only 15 years earlier. In 2005, NSSF shows adjusted gun sales of 7.5 million for the year. In 2020, 21.1 million gun sales, or 2.8 times the sales of 2005. Population in the USA increased from 296 million to 331 million, about 12% in the same time period.  Gun sales increased from .025 per person in 2005 to .064 per person when comparing 2005 to 2020.  NSSF reports gun sales have remained over one million per month for the last 57 months.

With a sluggish economy and rampant inflation, the market for more firearms has slowed. It is likely 2024 will show gun sales similar to those in the second term of President Obama. Those levels, of about 14 million per year, appear to be the new normal. Because manufacturers have ramped up production to respond to record demand, prices have been falling for some of the most popular firearms, such as the ubiquitous and common AR15 style rifles. When accounting for inflation, the price of serviceable AR15 style semi-automatic rifles is the lowest ever seen.

As seen the the chart below, handguns are the most commonly sold firearms in today's market.


Handguns (in blue) account for 56% of the firearms sold, while long guns (green) account for 40%. Other and multiple sales account for the remaining 4% of sales.

In 1965, Colt advertised the AR15 semi-automatic rifle at $189.50, which would be  $1885.50 in today's dollars. Colt's patent ran out in 1977, and today dozens, if not hundreds of companies manufacture various versions of AR15 style rifles. A fully functional rifle can often be aquired, today, for about $400, or 21% of what a functionally similar rifle cost when Colt introduced them for sale to the civilian market in 1965.  Ammunition is readily available at this time. Prices for ammunition are reasonable, given inflation. Modern ammunition has a shelf life measured in several decades if stored and kept dry in temperatures common to most households.

Given the durability of firearms and ammunition, market saturation becomes possible.  Innovation, such as the recent offering of small, handy, accurate and reliable .22 semi-automatic handguns with magazine capacities from 15-20 rounds can overcome market saturation.  The demand for suppressors and suppressor ready firearms continues at a high level. The Biden administration is pushing for multiple restrictions on the firearms market, and is being stoutly opposed in the courts.  If another political revolution occurs in November, restrictions may be reduced, but return to a more rational political sphere may reduce demand.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


GA: Attempted Car Theft/Gunfight in Atlanta - 1 Dead 3 Wounded

According to investigators, a man came out of a soon-to-open Kings and Queens Lounge and noticed three men trying to get into his red Cadillac SUV, which was parked under the Downtown Connector overpass. 

"The owner of the vehicle confronted the males and an exchange of gunfire happened," Atlanta Police Department Homicide Commander Lt. Andrew Smith said.

Police say the owner of the vehicle and the three men were all shot in the gunfight.


More Here

OK: Oklahoma City Gunfight and Home Invasion - No One Injured

The home is near Northeast 23rd Street and Kelley. The homeowner woke up to his dog barking, police say, and found two people in his home.

The suspects, a man and a woman, had broken into the home. The homeowner confronted the suspects, and a suspect and the homeowner began shooting at each other, police say.

Police do not know who started firing first, and do not think anyone was injured at the scene.

More Here

Wednesday, May 22, 2024

TN: Gunfight near Church. Threatening Man driven off by Volunteer

The volunteers were assisting with traffic for an evening mass at the church when they saw a man walking his dog westbound on Sunrise Avenue toward Nolensville Pike. The volunteers said as he walked by, he began yelling obscenities at them.

 While still in the roadway, the man reportedly removed a holstered pistol. In response, one of the volunteers pulled his gun, according to police. The man in question then fired a shot into the ground, as did the volunteer. The volunteer’s shot caused the man to flee, according to police.


More Here

Tuesday, May 21, 2024

Philippines: Notorious Thief Shot Dead in Computer Shop

AN alleged notorious thief was shot dead inside a computer shop in Barangay 2, Bacolod City, on Sunday, March 24. (Photo courtesy of Police Station 2) 

Police Capt. Glenn Montaño, head of Police Station 2, said the victim was playing computer games in a computer shop when three unidentified persons arrived.

The suspects ordered customers to leave the computer shop and gunshots were heard.

Montaño said the victim who sustained bullet wounds in the head and back was taken to the Corazon Locsin Montelibano Memorial Regional Hospital (CLMMRH) here where he died.

Recovered from the crime scene were four fired .45 caliber bullets.

Montaño said the victim was arrested for theft, alarm and scandal, resistance, and disobedience to person in authority.

More Here

Monday, May 20, 2024

GA: Savannah Home Invasion ends with Juvenile Invader Shot, Killed

According to SPD, officers responded to the 1100 block of W 49th Street around 7:35 p.m. after a report of an armed person "forcefully entering" a home.

"Upon arrival police were told the resident had confronted the intruder and shots had been fired. After a protective sweep of residences in the immediate area was conducted, officers were able to find the male juvenile and discovered that he suffered injuries that included a gunshot wound. Life saving measures were performed by officers, but he succumbed to his injuries on the scene."

More Here

Sunday, May 19, 2024

TX: Domestic Defense, Disarm, Man and Wife both Shot during struggle to Control Gun

SAN ANTONIO — A fight between a husband and wife leave both in the hospital after they were fighting over a gun on the west side Thursday morning, according to San Antonio Police. 

The incident took place on the 300 block of Tesla around midnight Thursday. 

Police say there was some sort of disagreement before the man pulled a gun on his wife. She tried to fight back and tried to get away from him when at some point several shots were fired in their home, according to police. 


More Here

TX: Suspect Breaks into Dallas Home, is Shot, Wounded

Dallas police are investigating a report that a man who broke into a home was shot by someone who lives there.

The wounded suspect went back to a car and called 911 for help. He was taken to a hospital with serious injuries.

The shooting happened around 4:30 a.m. on Nutmeg Lane in southwest Dallas near Joe Pool Lake.


More Here

Saturday, May 18, 2024

LA: Gunfight, Joshua D. Robertson arrested

According to the police account, reports indicate that Robertson had approached the victim in the area of Fifth Street. After a verbal altercation, Robertson struck the victim when a struggle ensued.

Robertson then allegedly retreated to his vehicle and brandished a firearm. At the time, the victim was with a small child. The victim armed himself with a firearm and began to retreat into a residence when Robertson allegedly fired a shot.

It was determined that the victim returned gunfire and retreated into the residence. There was also another subject and a small child inside, police said.

Officers with the Morgan City Police Department responded to the area. A vehicle was observed fleeing the area. The officer attempted to initiate a stop when the vehicle continued to flee. 


More Here

SD: Domestic Defense, Chase Kinchen Shot, Killed in Domestic Violence Case

Police say Chase Kinchen fired his handgun at a guest inside the home Tuesday night. That guest then took out a handgun from a vehicle parked in the garage and returned fire, killing Kinchen.

Court papers show that Kinchen had a history of violence against the woman who lived in the home. She had taken out a protection order against him back in November after she said Kinchen grabbed her face, pulled her hair and threatened to strangle her. She said Kinchen also sent her threatening texts. Just four days later, Kinchen violated that protection order and received a 30-day suspended sentence.


More Here

Handguns in Defense Against Bears by Caliber - .380, 9.3x18, .38 revolvers 7 incidents

S & W Model 10 .38 Special Courtesy of Rock Island Auction

Many readers are interested in how various handgun calibers have performed in defense against bears. This is a complicated subject. Sometimes, any caliber will do. Sometimes a level of power may be required. Sometimes, a level of accuracy or speed may be required. Many permutations exist.  The most important aspect, if a confrontation occurs, is to have a firearm available, easily and quickly accessible. The specific caliber is less important. These updates include all the incidents we have been able to document to the date of the update, after several years of intense searches. We have always asked for examples of failures. We appreciate readers who help us document more cases.

Here are all the cases which have been documented where .380, 9.3x18 handguns and .38 caliber revolvers were fired in defense against bears. There exists a fairly wide variation from standard .380 (9mm corto or kurtz) loads and hot .38 Special loads. This grouping is a way to include calibers with only one incident while including enough incidents to be illuminating.  These cases do not include incidents where handguns were used with other lethal means, or a mix of handgun calibers were used. There is 1 incident with a .380 caliber handgun (black bear), 1 incident with a 9.3x18 Makarov (brown bear) and five incidents with .38 caliber revolvers (three black, two brown). There was one failure with a .38 caliber revolver which resulted in minor injuries. The incidents are listed by caliber, chronologically within caliber.


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

 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, at that time (2010) 9mm Makarov, it was almost certainly basic FMJ (Full metal jackets) They shot around 8-9 times, no one can tell how many actually hit the bear

We found five cases involving a .38 revolver, probably .38 S&W Special. Two were successful against brown bears. Two were successful against black bears. One was a failure, against a black bear.

 October 1947 Chickaloon River, Kenai Peninsula, Alaska,
grizzly bear .38 revolver, 158 gr bullet. Page 95-105, “Narrow Escapes”,
Ben East, first published by Outdoor Life, 1960.

After 35 days of backpacking in pursuit of moose photos, Cecil Rhodes was confronted a big grizzly at 11 feet. He shot the bear deliberately off center in the head with the .38, fearing the bullet would glance off the skull, and it “slumped”, but did not go down. The bear retreated, he heard cubs, and knew the bear was a sow.

The bear came back, and paused at 20 feet away. He shot her in the head again. She “slumped” again, then came slowly past him at about 15 feet. He had a clear shot at the side of her head, but decided not to fire. She acted as if she did not notice him. After she passed he heard the cubs again, and by squatting down was able to see there were three cubs.

He climbed a tree, and shot her a third time, between the shoulders at 25 yards. She rolled down hill. The next day, he trailed her in the snow for 2.5 miles, but did not find her.


September 13, 2011, .38 Special, Wyoming Grizzly Bear, AmmoLand article.  FOIA Page 1144

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

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


 May 2013, Missouri, Rodgersville, .38 revolver,, black bear (dead  link:, May, 2013)

“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.

 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.


 25 August, 2023 Massachusetts Black Bear attacked, Goat, threatened Goats owner, Shot at with .38 revolver  Revolver information from Kingston Police PIO via email.

A Massachusetts man shot a black bear after it attacked his goat and appeared like it was going to strike him as well Friday afternoon, according to authorities.

Police received a report of the bear attacking the resident’s livestock, the goat, on Hawthorne Road in Kingston around 3 p.m. Friday, the Kingston Police Department said in a Facebook post.

There are many anecdotal cases of handguns being used effectively to defend against bears.  The above are the cases we have been able to document. If you know of more cases, whether successes or failures, please send the information to AmmoLand. Here is a link to the latest update.


©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


MO: St. Louis County Homeowner Shoots Intruder

The incident took place around 4 a.m. Tuesday in the 2200 block of Empress Drive. According to St. Louis County police, a man forced entry into a home when the homeowner shot him. The suspect ran off on foot but was tracked down by a police K9. He was taken to hospital with life-threatening injuries following the shooting.

First Alert 4 spoke to the homeowner who didn’t want to go on camera but did send us surveillance videos showing what they say is the suspect trying to get inside two times earlier in the morning, before finally making his way in. The homeowner said they woke up to the suspect knocking things around inside but believe he was inside their house for about 40 minutes before that.

More Here

NC: Hope Mills Gunfight in Home

Deputies were dispatched to a shooting in the 600 block of Drypoint Lane in Hope Mills at approximately 3:17 a.m. According to the Cumberland County Sheriff’s Office, 22-year-old Anaya Stancil of Hope Mills and 38-year-old Anthony David of Fayetteville were inside a home when a man entered the residence and began firing his gun.

David returned fire and hit 30-year-old Fayetteville man Terrance Kerr several times. All three sustained gunshot wounds in the shootout and were taken to the hospital for treatment. 


More Here

Thursday, May 16, 2024

California: US v Duarte Non-Violent Felons and the Second Amendment

On May 9, 2024, a three judge panel of the United States Court of Appeals for the Ninth Circuit, published a split decision vacating the conviction of Steven Duarte for violating 18 U.S.C. § 922(g)(1). From U.S. v Duarte in the Ninth Circuit:

18 U.S.C. § 922(g)(1) makes it a crime for any person to possess a firearm if he has been convicted of an offense “punishable by imprisonment for a term exceeding one year.” Steven Duarte, who has five prior non-violent state criminal convictions—all punishable for more than a year—was charged and convicted under § 922(g)(1) after police saw him toss a handgun out of the window of a moving car. Duarte now challenges the constitutionality of his conviction. He argues that, under the Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), § 922(g)(1) violates the Second Amendment as applied to him, a non-violent offender who has served his time in prison and reentered society. We agree.

Judge Carlos T. Bea wrote the opinion. Judge Lawrence VanDyke concurred. Judge M. Smith, Jr. dissented.

Steve Duarte had been previously convicted of five non-violent crimes in California. Under California law, each of the offenses could result in a prison term of more than one year, which makes them felonies according to federal law. The five convictions were for the following:

1. Vandalism

2. Felon in possession of a firearm (The vandalism conviction is the precursor felony)

3. Possession of a Controlled Substance

4. Evading a Police Officer

5. Evading a Police Officer

Given the history of the Court of Appeals for the Ninth Circuit, it is almost certain the government of California will ask for an en banc review of this case. En banc is likely to be granted.  En banc may be put on hold pending the Supreme Court decision, due in June, of the Rahimi case.  The Rahimi case has some similarities to this case. The Supreme Court decision in Rahimi will be binding precedent. It makes sense to wait until the end of June to see what the Supreme Court will do with Rahimi.


The character of Steve Duarte is impossible to determine from what little we are told about his case. Duarte's character should have nothing to do with the determination of whether  18 U.S.C. § 922(g)(1) is unconstitutional. It is the nature of the system that multiple charges be dropped during plea bargaining in exchange for a guilty plea on one charge. At first glance, a recent State of California Supreme Court decision about evading a police officer seems relevant.

On May 2nd, the Supreme Court of the State of California issued an opinion striking down some instances of "Evading a Police Officer" as probable cause for detaining an individual.

Duarte's charges are quite different. 

The felony convictions of evading a police officer on Steve Duarte's record are almost certainly for evading a police officer while in a vehicle. In essence, this means fleeing police pursuit in a vehicle.  Those convictions are probably California Vehicle Code 2800.2, felony reckless evading. The charge is a "wobbler" meaning it can be charged as a misdemeanor or a felony.

The California Supreme Court decision on evading a police officer does not effect charges of fleeing from a police officer in a vehicle, and is irrelevant to the Duarte case.

We know Steve Duarte has had several unwelcome contacts with law enforcement in Southern California.  His case has become a test case for restoring Second Amendment Rights.


©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch





VT: St. Johnsbury Intruder Shot, Killed

Vermont State Police said a masked man was shot to death as he tried to force his way into a St. Johnsbury apartment late Monday.

Detectives said the investigation has determined that the shooting was drug-related and the apartment on Summer Street was targeted. Police said the masked man forced his way into an upstairs apartment before neighbors heard multiple gunshots.

Officers from the St. Johnsbury Police Department found the masked man, who was later identified as 47-year-old Matthew Lomasney, from St. Johnsbury, dead at the bottom of an interior staircase at about 11:15 p.m. 


More Here

PA: Philadelphia Off-Duty Officer, Disarm, Defense


The Philadelphia Police Department is seeking the public’s assistance in locating the male depicted in the attached photos.  

“At approximately 7:12 AM on Sunday, an off-duty officer from the 22nd District of the was assaulted and robbed of his personal firearm at 2100 West Oxford Street. During the incident, the officer managed to disarm his offender and fire the attacker's weapon in self-defense. The offender then fled the scene in a black BMW sedan, which was lost in the vicinity of 9th and Cumberland Streets. Notably, the vehicle struck the officer as it fled. 

 **Suspect Description:** 

The suspect is described as a Black male, aged approximately 25 to 30 years, with braids and a medium build. He was last seen wearing a white tank top, tan pants, and white New Balance sneakers. The suspect, who may be known by the nickname "Duke," should be considered armed and dangerous, as he is in possession of the officer's firearm. 

 **Vehicle Description:** 

The vehicle involved is a newer model black BMW sedan with tinted windows. It is important to note that the front rim on the driver's side is different from the rear rim on the same side. The Philadelphia Police Department urges anyone with information regarding this incident or the suspect's whereabouts to come forward. Your help is vital in ensuring the safety of our community and bringing the assailant to justice.”

Link at X

Wednesday, May 15, 2024

FL: Okaloosa County Shooting of Airman Roger Fortson: Body Cam Video

Link to YouTube video

At about 4:28 p.m., on May 3rd, 2024, in Okaloosa County, Florida, a Okaloosa Deputy Sheriff responded to a domestic violence call from an apartment complex. A few minutes later, the Deputy shot and killed Senior Airman Roger Fortson after Fortson opened his apartment door in response to the Deputy's demands.

The incident has gone viral. Fortson's family has hired controversial shock lawyer Ben Crump. Crump has made statements the shooting was at the wrong apartment, and Fortson was shot as he walked away from the door, and deputies burst into the apartment. From

Crump wrote that Fortson grabbed his "legally-owned" gun and was shot as
he was walking back to the living room, as deputies burst through the

The body camera video has been released by the Okaloosa County Sheriff at a press conference. Here is a synopsis of what this correspondent saw in the video.

A woman at the complex directed the Deputy Sheriff to apartment 1401, based on information she had received from another woman.  The Deputy called for backup and told the woman to direct the backup to him when they arrived. The Deputy proceeded to the apartment.  At the apartment, he listened for several seconds, then knocked on the door. Then he moved out of the vulnerable area in front of the door, and out of the view of the peep hole. Then he knocked again, while out of view of the peep hole.  From inside the apartment, a garbled phrase can be heard, of a few words. The only distinguishable word was "police".

The deputy moves in front of the door, knocks loudly and announces himself. He demands the door be opened. He knocks again, loudly announcing himself and demanding the door be opened. The door is opened, partially. The deputy commands: step back. As Roger Fortson complies and steps back, the video reveals he has a handgun in his hand, held down at his side. As Fortson is complying, the deputy fires five shots, rapid fire, and Fortson falls down, dropping the handgun. After Fortson is on the floor, the deputy commands: Drop the gun! Drop the gun!  The commands to drop the gun are given after Fortson is down on the floor,  having dropped the gun while he was being shot.


There are obvious contradictions between what attorney Crump wrote and what is shown in the body camera video. Those contradictions do not mean the deputy was justified in shooting Fortson.


Early indications are there was no one else in the apartment with Roger Fortson. He was on the phone with his girlfriend. Those facts will be verified in an investigation. The Sheriff's Department has not disputed them, although they pointed out claims made by attorney Crump which were contradicted by the video. The Sheriff is handling the situation correctly by calling in an outside agency to investigate the incident, and not making any claims as to whether the shooting was justified or not at this time.  

The body camera video does not look good for the deputy.

The actual phone conversation with the girlfriend will become part of the record. The 911 call to the dispatcher will be part of the investigation and will become publicly available.  The situation is reminiscent of the police shooting of Ryan Whitaker in Phoenix, by police, as he answered the door with a gun in his hand in May of 2020. Whitaker also appeared to be complying with police when he was shot and killed.

Public reaction varies between noting there is nothing illegal about answering the door with a gun in your hand, and the shooting was not justified, to those claiming opening the door to  police, with a gun in your hand, gives the police justification to shoot you.  One reaction is: with backup on the way, the officer should have waited a few minutes until backup was there.

Handguns are common in Florida and across the United States. Some departments have indoctrinated officers with a "see a gun, shoot" mentality. It is unclear what training the deputy had, or what might have made him so primed to shoot so rapidly at the mere sight of a gun, held at a person's side.

These incidents are very rare. When they happen they make a viral news story, which makes them appear to be more common than they are.  This is a tragic situation which will be carefully investigated by an outside agency.

 ©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Houston Pizza Driver Gunfight, 1 Suspect Dead

Police said the driver went to the address to deliver a pizza and was confronted by two men demanding money at gunpoint. According to HPD, he pulled out his own gun and shot, killing one of the men. The second man reportedly ran away.

More Here

MO: Lilbourn Homeowner Shoots, Kills Burglary Suspect

Deputies were called around 4 p.m. on Sunday, May 12 to a home on Highway 62 near Lilbourn by a homeowner stating he had shot someone burglarizing his home.

When they arrived, deputies found a woman dead at the scene with a single gunshot wound.

More Here

Tuesday, May 14, 2024

Handgun Defense Against Bears by Caliber .22 Rimfire 11 Incidents

Image courtesy of Rock Island Auctions

Many readers are interested in how various handgun calibers have performed in defense against bears. This is a complicated subject. Sometimes, any caliber will do. Sometimes a level of power may be required. Sometimes a level of accuracy, or speed may be required. Many permutations exist.  The most important aspect, if a confrontation occurs, is to have a firearm available, easily and quickly accessable. The specific caliber is less important. These updates include all the incidents we have been able to document to the date of the update, after several years of intense searches. We always appreciate readers who help us document more cases.

Here are all the cases which have been documented where .22 rimfire caliber handguns were fired in defense against bears. The .22 Long Rifle caliber has dozens of loads. It has not been possible to know which particular load was used in each case. Some .22 Short loads are more powerful than some .22 Long Rifle loads. The same applies, to a lesser extent, with .22 Magnum rimfire loads. If instances of the use of .17 caliber or 5mm rimfire are found, they will be included with the .22 rimfire information.  The 11 incidents are listed in chronological order. Eight are .22 LR, three are .22 Magnum, there is one failure, against a polar bear (fatal), one success against a brown/grizzly bear, and eight successes against black bears.  Three people suffered relatively minor injuries.  Darcy Staver was killed after her husband drove the black bear away,with warning shots from the .22.  Then he left to get help. He took the .22 handgun with him. The black bear came back and killed, then started eating, Darcy.


1936 Alaska: .22 rimfire From More Alaskan Bear Tales Page 267  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.

The bear bit him at least twice before he killed it.  The pistol was a .22 semi-auto.

1960 .22 black bear, Lake north of Minto, Alaska

In 1960 Francis Cannon and her two friends flew into a lake a little north of Minto, Alaska.  They were on a fishing trip. After fishing, the setting down to lunch when they were attacked by a black bear, who rushed out of the brush and grabbed Francis. From Alaskan Bear Tales pages 107-108:

Johnson picked up a stick, and pummeled the brute, and the bear dropped the woman and charged him. It was waylaid by the lunch, which it began to devour.

In the meantime, Fletcher got a .22 pistol from the plane, walked to within a few feet of the animal, and killed it.

I suspect it was not a casual stroll to the plane, or a slow walk back to the bear.


1962 Summer .22 LR  Grizzly Bear Montana (near Glacier National Park)

The incident with the grizzly bear happened in the 1962 spring trapping season. Another worker was helping Chuck then. I met the guy once but have forgotten his name. A 500-pound male grizzly bear was caught in the steel jawed trap and took it and the tangled up drag about two miles where the bear hid in an aspen patch. Chuck and his helper tracked the grizzly on foot. The helper was armed with a 12 gauge shotgun and all Chuck had was his nine shot Harrington and Richardson Model 939, double action, .22 revolver in a holster on his belt.The grizzly charged and Chuck stood still waiting for his helper to shoot. He looked around and the helper was running off with the shotgun. Chuck turned to run and tripped over a tree root and fell to the ground. The 500-pound male grizzly ran up to Chuck and stood up on his hind legs over him with the trap on a front paw. Chuck pulled out his .22 revolver and fired all nine shots in it. Some missed, some glanced off the grizzly’s skull and one went into an eye socket, killing the bear.

Early 1960's, Montreal River, Keweenaw County Michigan, black bear, .22 magnum, spring.

This event happened to James Maierle, a well know educator, principle, and sportsman who lived in Calumet, Michigan. The Montreal river is fairly wild today, and was even more wild in the early 1960s. Keweenaw county is the largest county in Michigan, and it has the lowest population.  The drive from the Montreal River to Calumet would be about a hour more or less. From Jim Maierle, James Maierle's son:

 This was somewhere on the Montreal river up in Keweenaw county where he was stream fishing alone.  I believe it was in the spring.  He said he was walking along the river when he noticed a small cub.  He stopped and looked around and immediately realized he had inadvertently ended up between the cub and the sow.  He started backing away from both of them and the sow started advancing on him.  He put some distance from them but she wouldn’t stop despite him yelling and waving his arms to warn her off.  When he realized she wasn’t backing down he drew the Ruger and waited until it was quite close before he fired.  He was a very good shot so I have no doubt he wanted to make sure he could hit where he was aiming.  The bear went down as I described.  He then took the cub and wrapped it up in his jacket and put it in the trunk of his car.  Not sure what to do with it and not wanting to just leave it to die out there, he brought it to a local bar where some of his friends were to show them (it was the 60s..).


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.

July 8, 1992, Glennallen Alaska .22 black bear

Thirty-three-year-old Darcy Staver and her husband, Army Capt. Michael Staver, were vacationing at a cabin off the Glenn Highway about 160 miles northeast of Anchorage near the community of Glennallen when they were confronted by a black bear in 1992. It broke a window to get into the cabin where they were staying and drove them out.

The couple sought safety on the roof. Michael fired several shots at the bear with a .22-caliber handgun to try to scare it away. It left. When it did, he jumped down from the roof and took off to get help. He took the gun to defend himself, thinking his wife would be safe on the roof. She wasn’t. While he was gone, the bear climbed a spruce tree next to the cabin, got onto the roof and killed Darcy.

When Michael returned with help, she was on the ground dead with the bear trying to eat her. The animal was shot and killed.

Larry Kanuit reports that Michael was very careful *not* to hit the bear, for fear of enraging it. P. 251 “Some Bears Kill”

August 1995, Norway, Svalbard Archipelago, .22 rimfire, Failure, Polar Bear, From Spitsbergen: Svalbard, Franz Josef, Jan Mayen, 3rd Brant travel Guide, by Andres Umbreit

Update: Kiepertoyo Hinlopen Strait, August, 1995

Another five people of the crew set out separately with only a .22 pistol and a flare gun. After an hour’s march, the second party were met by a bear, 75m away and openly aggressive. The bear was distracted neither by warning shot nor flare and attacked one of the party. As he did so, he was shot, from a range of only 15m and turned against the man who had fired at him. This man tossed the gun to the first, who shot again. The process was repeated, with first one man being attacked and then the other. By the time the pistol was emptied and a knife drawn, one man was dead and another badly injured. The survivors retreated to the ship.


On examination, three shots to the head were discovered, none of them piercing the cranium.

The victim had three years experience with the Origo, with many bear observations, and there were sufficient weapons on board to equip everybody.

Older Reference, Polar Bears: Proceedings of the Twelfth Working Group, same incident.

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.

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.

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.

August 30, 2022 (two cases – two Black Bears) , MN .22 Mag Boundary Waters Canoe Area. James Little was interviewed.

On Tuesday, August 30, at about 6:50 p.m., James Little settled into campsite 674 in the Boundary Waters Canoe Area (BWCA). His youngest child was a few feet away.  His youngest cried out, and James grabbed the child and took a couple of steps, uncertain of what had happened.

Then his oldest yelled, “Bear!” and James turned around. The bear was about six feet from him. It had been within 3-4 feet of his back when the child was startled. This was the start of the remarkable incident. In James’ words:

Just finished a trip to Horseshoe that should have been three nights, but turn to one. (Campsite 674) Had a bear walk right into camp and within four feet of my youngest! Nothing would discourage him till I fired a couple of rounds.  We packed up and bolted to an open site (campsite 677) a half mile away on the other side of the lake. Weren’t there five minutes and was pulling up the food bag and my wife screamed. There was another bear fifteen feet away heading to our canoe with our kids in it. I had to fire another round before he would be deterred.  Left that site and unexpected member Ausable and his crew took my family and me in for the night. (Campsite 672) Early the next morning, we broke came and headed out. My family had had too much. Across from the portage from Caribou to Lizz, (campsite 645) the campers there had their breakfast intruded upon by a bear who would not be deterred till he had taken their food bag.

There are many anecdotal cases of .22 rimfire handguns being used effectively to protect against bears.  The above are the cases we have been able to document. If you know of more cases, whether successes or failures, please send the information to AmmoLand.

 ©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch