Wednesday, July 31, 2024

Gun Free School Zone case in Texas Appealed to Fifth Circuit


A "Gun Free School Zone" case has been appealed to the United States Court of Appeals for the Fifth Circuit. The appeal attacks the Gun Free School Zone Act (GFSZA) as being an unconstitutional infringement of rights protected by the Second Amendment.   An amicus brief has been filed by the California Rifle and Pistol Association (CRPA), the Second Amendment Law Center, and the Second Amendment Foundation (SAF).

From January 5  to 29, 2023, Ahmed Allam spent several hours in the afternoon and evening parked across the street from a parochial school, St. Anthony Cathedral Basilica School in Beaumont, Texas. Police were called nine times. On January 25, police warned Mr. Allam the plastic frame around his license plate was obscuring the state of registration, a violation.  On Sunday evening, January 29, 2023 Mr. Allam was parked across from the school from 4:00 P.M. to about 9:05 P.M., when he started to drive away from the school. An police officer followed him and pulled him over for failing to signal a turn. He refused to talk to police and was arrested for the license plate violation.

The car was searched. An AR-15 rifle, two 50 round boxes of ammunition, and a 30 round magazine were found.

A grand jury charged Mr. Allam with a single count of violating the Gun Free School Zone Act. Mr. Allam challenged the law on an "as applied" basis, claiming the GFSZA violated the Second Amendment. The district court judge, Marcia A. Crone, found the Gun Free School Zone Act was Constitutional. Mr. Allam plead guilty without a plea deal and was sentenced to 5 years in prison on January 30, 2024. Mr. Allam submitted a timely appeal to the United States Court of appeals for the Fifth Circuit on February 1, 2024.

On July 19, 2024, the amicus curae (friend of the court) brief was file for the CRPA, the Second Amendment Law Center, and the SAF.

In the Allam case, the Judge Crone relied on similar arguments put forward in the Montana GFSZA case in Billings. She made the claim buffer zones around polling places on election day were close enough to permanent 1,000 foot zones around schools as a reasonable analogy. As the defense and the Amicus brief explain, this analogy does not work to overcome the restraints of the Second Amendment. From the amicus brief:

Third, even if the exceedingly few 19th-century polling place buffer zone laws the district court cited were deemed sufficient in number to be valid historical analogues, they are not relevantly similar to the school zone restriction of §922(q)(2)(A) in terms of the burden they impose. The polling place buffer zones would only apply on election days, totaling no more than two-to-three days in a given year depending on how many federal, state, local, and primary elections occurred. By contrast, the school zone laws apply all day long, every day of the year, regardless of the presence of children or staff, including when school is not in session and the school year is over.

Analysis: The Montana Gun Free School Zone Act case has a sentencing hearing scheduled for August 2, 2024. The Montana case started on August 23, 2023, about seven months after Mr. Allam was arrested in Beaumont, Texas. A plea deal was agreed to. An appeal will not be filed until after the sentencing hearing. The Fifth Circuit, which serves Texas, is considered to be much more considerate of rights protected by the Second Amendment than is the Ninth Circuit, which has jurisdiction in the Billings, Montana case.  It is likely one or both of the appeals will find the GFSZA to be unconstitutional. Circuit Court appeals tend to take time. Book long briefs are filed in constitutional cases. Decisions and dissents are often over 100 pages long. It is likely the results of the appeal in the Texas case and the likely appeal in the Montana case will not be known before the end of 2024.

 

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

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Fl: Tampa Laundromat Altercation leads to Self Defense Shooting

TAMPA, Fla. (WFLA) — One person is hospitalized after police said an older man shot the victim in self-defense at Ybor Coin Laundromat early Friday morning.

Just before 2 a.m. Tampa police responded to the 1800 block of North 34th Street after someone had been shot.

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AR: 4-Year-Old Wounded in Hand, 21-Year-Old man Arrested

Officers spoke to the parents of the girl, who stated they had dropped off their children with their primary babysitter and her boyfriend, identified as Barron, at the Ridgeway Street residence. When they arrived to pick up the children, Barron told the parents an accident had occurred.

Then they discovered their child had the gunshot wound and transported her to the hospital. They noted that their babysitter was not at the residence when they got there.

Detectives responded to the Ridgeway Street residence and the homeowner consented to a search of the house. Detectives allegedly found a wooden stock, .22-caliber Ruger 22 Charger pistol that was determined to have been reported stolen in Jonesboro in 2017.

Detectives spoke with Barron, who stated that his daughter and the victim were playing near the sofa inside the residence. His girlfriend had left the residence, leaving him alone with the children. He said he went to the bathroom and while in there he "heard a pop."

When he came out, he found the victim with her right hand on the end of the barrel of the gun and it appeared she had shot herself in the hand. The affidavit notes Barron was the only adult left in charge of the children in the residence at the time of the incident.


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AR: Domestic Defense, Charges Dropped Against Woman who shot Man

TUPELO, Miss. (WCBI) – Charges were dropped against a woman in Tupelo after a domestic shooting.

Tupelo police said the shooting happened Wednesday afternoon at Hillsdale Apartments.

Officers found a man with a gunshot wound to the arm. He was treated and released from the hospital.

 

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Monday, July 29, 2024

Wisconsin DNR agrees to Repeal Unconstitutional Gun Ban near Water


The Wisconsin Institute for Law & Liberty has secured repeal of the unconstitutional law banning possession of firearms near almost all waters in Wisconsin.

In 1999, the Wisconsin Department of Natural Resources (DNR) created a rule banning the possession of firearms near the "waters, banks or shores that might be used for the purpose of fishing." The regulation was created with virtually no oversight, shortly after Wisconsin passed Section 25, Wisconsin's constitutional protection for the right to keep and bear arms. The regulation was seldom, if ever, enforced.

Because of a quirk in Wisconsin statutes, no one had to be arrested to challenge the regulation. Wisconsin statutes require a legal challenge to a regulation's legitimacy be filed before a person is arrested under the challenged rule. This seems an inversion of ordinary procedure for "standing" under the law. However, the Wisconsin statutory procedure is clear. In this case it facilitated the challenge to the unconstitutional regulation.

On June 6, 2024, the Wisconsin Institute for Law & Liberty, (WILL) filed a lawsuit demanding the Court permanently enjoin enforcement of the the offending code, § NR 20.05(2). The Acting Secretary of the Wisconsin Department of Natural Resources had 45 days to respond to the summons created as part of the legal challenge. By this correspondent's count, the deadline was July 22, 2024.

On July 22, 2024, Acting Secretary Steven Little of the Wisconsin DNR agreed to repeal the regulation as soon as possible. Obviously, negotiations between the Department of Natural Resources and the Wisconsin Institute for Law and Liberty had been ongoing behind the scenes.  From the stipulation and joint motion:

     IT IS HEREBY AGREED AND STIPULATED, by and between the parties, through their undersigned counsel, that:

    1. Acting Secretary Steven Little has notified the Plaintiff that he intends to repeal Wis. Admin. Code § NR 20.05(2)as soon as practicable and without delay.He hopes to successfully effect the repeal through the expedited repeal process. However, should that process fail for any reason, he commits to pursuing the repeal through the full, formal repeal process.

2. In exchange, Travis Kobs agrees to dismiss his complaint upon the completion of the repeal process set forth in paragraph 1. Mr. Kobs will notify this Court within two business days of the repeal and file a voluntary dismissal within five business days of the repeal.

From the Wisconsin Institute for Law & Liberty (WILL):

WILL Associate Counsel, Skylar Croy, stated, “This action by the DNR properly restores the liberties provided by our Constitution to our client and thousands of Wisconsin fisherman. Mr. Kobs and the many law-abiding gun owners can once again exercise their constitutional right without fearing unlawful enforcement.”

WILL client, Travis Kobs, expressed, “Because of this effort, I can now lawfully protect myself by carrying a firearm while out on the water, fishing, boating, and camping. I am grateful for the work done by WILL and their team to bring this issue to the forefront.

Analysis:

Acting Director Steven Little could read the writing on the wall. The regulation was blatantly unconstitutional on its face. Almost certainly with the advice of counsel, he did the correct thing and agreed to repeal the regulation without engaging in a prolonged legal battle. It is unlikely the State of Wisconsin would have prevailed. The regulation had almost no political support.

This correspondent is surprised the far left administration of Wisconsin Governor Evers was able to overcome its institutional bias in favor of all restrictions on firearms and firearm ownership. It is likely law enforcement officials pointed out the offending regulation had no exemption for law enforcement to carry firearms near Wisconsin waters.

This sort of bloodless win does not go unnoticed by government officials. It serves as an example of how to avoid pointless and unnecessary legal battles. In the process, the restoration of rights protected by the Second Amendment becomes more and more mainstream.

 

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

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AR: Camden Officers Investigating Possible Self Defense Incident

Officers arrived to find a 25-year-old man walking toward them with his hands in the air. He told officers that a firearm was located on the trunk of his vehicle.

They found a 36-year-old man on the ground, who was unresponsive. He was taken to Ouachita County Medical Center, where he was pronounced deceased.

The 25-year-old man claimed self-defense in the shooting. He told officers that the man who was shot had approached him aggressively with a hammer and a prybar.

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TX: Marble Falls Armed Customers Subdue Man who Threatened Staff with a Knife

Marble Falls Police Capt. James Cole told The Highlanderthat a man remains in jail after threatening staff and then succumbing to armed customers at a cell phone retail store in Marble Falls.The incident unfolded on July 23 at 1:53 p.m. at the Verizon Store, 2600 U.S. 281 North.According to Marble Falls police, Charlie Porter Jones, Jr. 80, of Kingsland, entered the store and allegedly started…

 

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WA: Lincoln Park Armed Samaritan Shoots Man who was Assaulting Woman

Police tell us at the scene this may be a case of self-defense. Preliminary information indicates that a bystander happened onto a man assaulting a woman, told him to stop, and then was assaulted, and that’s when the bystander, who was armed, fired a shot. The bystander is the person they’re questioning; they’re not looking for anyone else. The assault suspect is the man who was shot – according to a radio transmission, he will be arrested for investigation of domestic-violence assault.

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Saturday, July 27, 2024

CA: Covelo Gunfight. Residents Subdue 2 Suspects

A short time later, the caller to Mendocino County Sheriff’s Office Dispatch provided updated information that a U-Haul box truck had returned to the property on Shady Lane and the residents confronted two of the suspects in their driveway. Sheriff’s Office Dispatchers then heard what they believed to be firearms being discharged over the phone line and the resident reported there was an exchange of gunfire between the residents and the suspects. The residents physically subdued two of the suspects until law enforcement arrived, while several other suspects fled the area.

Law Enforcement personnel arrived and detained 34-year-old Gary Casdell Fite from San Francisco, CA and 28-year-old Marcel Jamarie Earl Patterson from Richmond, CA. Fite and Patterson both had significant injuries to their faces, heads, and extremities which were reportedly caused by the residents prior to law enforcement arrival at the scene.

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OK: Tulsa Homeowner Shoots Burglar

The homeowner said he and his wife woke up to noises coming from their back door. When he went to investigate, he was surprised to come across a burglar in his kitchen. The homeowner didn’t recognize the intruder and he did not have permission to be in the residence.
 
The homeowner fired his gun at the suspect who fled with stolen items from the home. The suspect ran into the backyard, but collapsed from injuries sustained when he was shot. The homeowners called 911 and waited for police to arrive.

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IL: Domestic Defense, Man Shoots, Kills Jimmie Jackson, who had Order of Protection

Arlington Heights police said Jimmie Jackson, 33, went into the home of a woman who had an order of protection against him—and once inside, he attacked a man. That man had a gun, and he shot and killed Jackson, police said.

The man who fired the shots and the woman were taken into custody for questioning after the shooting.

But the Cook County State's Attorney's office reviewed the case, and decide not to charge the gunman or anyone else.

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Friday, July 26, 2024

No Gun Problems at the RNC Convention in Milwaukee, 2024

 

At the Republican National Convention (RNC) in Milwaukee, former President Trump has been nominated to be elected president again. Senator J.D. Vance has been selected as the Vice President candidate. No one was shot or injured at the convention. There was heightened security because of the recent assassination attempt on former President Trump.

Far left Democrats, such as Milwaukee Alderman Bauman, wanted someone, anyone, to ban the possession of firearms near the convention, but ouside the security perimeter. The City of Milwaukee did not have the power to do it. The Secret Service did not have the power to do it. They could not revoke everyones rights, protected by the Second Amendment, because of the Second Amendment, Wisconsin's similar protection, Section 25, and Wisconsin state law, which prohibits local governments from infringing on the right to be armed. From abcnews.go:

Due to Wisconsin state law, people will be allowed to openly carry guns and can conceal-carry with a permit inside the so-called "soft perimeter," which surrounds the Secret Service patrolled inner "hard perimeter." City officials tell ABC News they are frustrated following Saturday's developments but don't expect a change.

 Wisconsin Governor Tony Evers (D), tried to convince the Secret Service to infringe on Second Amendment rights outside the security perimiter. He failed. From jslonline.com:

 Wisconsin Gov. Tony Evers has requested that the decision to allow firearms within the soft perimeter of the Republican National Convention in Milwaukee be reconsidered "immediately" following the attempted assassination of former President Donald Trump, a source with knowledge of the discussion shared with the Milwaukee Journal Sentinel.

Such is the nature of a constitutional republic. What the government is allowed to do is limited by the Constitution and law.

The RNC Convention in Milwaukee has ended. There was a minor incident, handled by police. A young black man, Donnell Tinsely, according to foxnews.com, was interviewed by police in the security zone outside the security perimeter. He was wearing a ski mask. In July. In Wisconsin. He was carrying a "tactical backpack". He is reported as giving permission by the police to search his person and backpack. The police found an AK47 style pistol and a loaded magazine. They arrested Tinsely on possession of a concealed weapon without a permit, as Tinsely did not have a Wisconsin permit or a permit from any other state.

If Tinsely had been openly carrying the AK47 style pistol, he could not have been charged with carrying a concealed weapon without a permit. Tinsely's motives are not clear. He appears to have been eligible for a Wisconsin concealed carry permit, but had not obtained one.

This is a misdemeanor charge in Wisconsin.  Tinsely was last reported as being held in the Milwaukee County Jail on a $500 bond.

Analysis:

In spite of the fearmongering by Alderman Bauman, Governor Evers, and others who continually look for excuses to infringe on rights protected by the Second Amendment, there were no political attacks with guns at the RNC.

Most of the problems predicted by those who want the American public disarmed are illusory, created as excuses to push a political agenda.

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

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WA: Omak Homeowner Assaulted, Shoots, Kills Intruder

The suspect had been seen tampering with the homeowner's vehicle and prowling on property.

The armed homeowner confronted the suspect, but the suspect attacked and knocked the man to the ground. 

After witnessing the assault, the homeowner's significant other approached the assault and fired a warning shot into the ground in an attempt to deter the incident.

The suspect continued with the assault prompting the significant other to make attempts at physically removing them from the fight. 

After a momentary pause in the fight due to the efforts of the witness the suspects reengaged in the assault. 

The homeowner then shot the suspect prompting him to leave and collapse in the street nearby.

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CO: Resident of Apt Returns at 1 a.m., Shoots, Kills Intruder

DENVER — Police said an intruder was shot and killed at an apartment near the University of Denver campus early Sunday morning.

Denver Police said the resident of the apartment inside One Observatory Park, a man, came home just before 1 a.m. and was startled by the intruder.

The resident shot the intruder, who died at the scene.

 

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Thursday, July 25, 2024

Trump and Bump Stocks: Shrewd Stratedy or Fortuitous Improvisation?


On October 1, 2017, a mass murderer killed 58 people by firing at them from an elevated position in Las Vegas. Over 800 were injured. Stephen Paddock was found, an apparent suicide on the 32nd floor of the Mandalay Bay hotel. He had a reported 23 firearms, of which 12 had bump stocks installed. In the audio recordings of the event, the firing sound much like automatic weapons fire.

President Trump had been in office less than ten months. The calls for immediate legislation to ban bump stocks, the details of which included bans on virtually all semi-automatic firearms, were loud. Congressional resistance to the media onslaught existed, but were in the minority.  The NRA called for the ATF to study the situation, and remedy it with regulation if necessary. President Trump said he would consider regulation. From factcheck.org:

Several days after the shooting, Trump was asked if bump stocks should be banned, and he vowed his administration would “be looking into that over the next short period of time.”

The NRA seemed supportive of the idea. NRA Executive Vice President Wayne LaPierre and NRA political strategist Chris Cox issued a statement  saying, “The NRA believes that devices designed to allow semiautomatic rifles to function like fully-automatic rifles should be subject to additional regulations.”

The New York Times, a reliably far left promoter of ever more restrictions on the right to keep and bear arms, published this on November 8, 2017:

But the proposed ban on bump stocks, once hailed as a modest step toward bipartisan compromise on gun safety, may be turning into a cautionary tale of how energetic intentions in the wake of mass shootings can dissipate quickly. As attentions moved elsewhere, the N.R.A. turned against action, and Republican lawmakers decided the devices would be someone else’s problem: the Bureau of Alcohol, Tobacco, Firearms and Explosives, or A.T.F.

“Right now everyone’s in a holding pattern, because some people around here have hope that A.T.F. will bail us out,” said Representative Carlos Curbelo, Republican of Florida, who has co-sponsored a bipartisan measure to ban bump stocks.

Less than six weeks after the massacre, the wind was gone from the push for a comprehensive ban. 

About five months later, on February 18, 2018, a deranged former student from a Parkland, Florida High School, mass murdered 11 people and injured 13 more. He was able to do so because of numerous botched responses to his actions before and during the commission of the crimes.  More calls for gun bans were immediate in the media.

On February 20, 2018, President Trump ordered the bump stock ban via regulation.

Effectively, President Trump nullified two major pushes for laws restricting rights protected by the Second Amendment, with one call for regulatory change. 

The bump stock change was predicted to be immediately challenged in the courts.

On December 18, 2018, the ATF finalized the bump stock rule.

On December 19, 2018, Senator Dianne Feinstein complained:

But let’s not celebrate too quickly. Presidents can rescind regulations just as easily as they create them, and in this case, the bump stock ban will likely be tied up in court for years. Only hours after the Trump administration released its final regulation, Gun Owners of America announced it would file a lawsuit.

On April 22, 2019, this correspondent noted that challenging a regulation had a much greater chance of success than challenging legislation.

On Friday, June 14, 2024, the Supreme Court struck down the ATF Final Rule on bump stocks, ruling the ATF exceeded the authority given it by Congress.

Whether by design or fortuitous improvisation, the Trump administration delivered a defeat to two major attempts to pass restrictions on rights protected by the Second Amendment. Mark Smith, Constitutional attorney and contributor at AmmoLand believes it was by design. Mark Smith is joined by nbcnews.com:

Former President Donald Trump didn't really want to ban bump stocks. When he did, he knew the Supreme Court was likely to overturn his action.

In a 6-3 decision Friday, that's exactly what the justices did.

From further on in the nbcnews.com article:

Trump found a third option that lowered the temperature on the gun-control debate in the short term — robbing momentum from congressional efforts to ban bump stocks — and kicked the issue to a conservative-leaning Supreme Court.

The originalist and textualist Supreme Court did not exist when President Trump made the executive decision on bump stocks. Over the next several years, the political and judicial landscape changed significantly in favor of rights protected by the Second Amendment.

Justice Kavanaugh was appointed to the Supreme Court in 2018.

Justice Barrett was appointed by President Trump in 2020.

The Supreme Court was changed from a mixed "progressive" court in 2017 to an originalist/textualist court in 2020.

The seminal Supreme Court case of Bruen was decided in June of 2022, and the move to restore the separation of powers in the three branches of government, by reining in the administrative bureaucracies, was started in 2020 by curtailing the power of the EPA in West Virginia v EPA.

From 2017 to 2024, the private stock of firearms in the USA was increased from 418 to 508 million.

The NSSF says over 22 million people became new gun owners during that period.

Was the decision to use the ATF to ban bump stocks a strategic choice by the NRA and President Trump? Was it simply a fortuitous improvisation?

It is highly likely the bump stock final rule had significant, positive results in the restoration of rights protected by the Second Amendment.

Sometimes a strategic retreat is required to win the battle or win the war.

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

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KY: Cadiz Homeowner Shoots, Kills, Armed Intruder

KSP stated they learned of a deadly shooting on July 20, just after the midnight hour, at a home in Trigg County.

State police said a man went into a home on Linda Lane and was armed with a weapon. He was then suspected of forcing himself into a room before being shot by the homeowner.


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OK: McAlester , Native American man Shot in Probably Self Defense

Randy Sachs, a spokesperson for the Choctaw Nation, said the initial information and investigation shows a man was shot and killed outside the McAlester residence following a case of “probable self-defense.”

Sachs confirmed a man, who has been identified as Scotty Thurman, brandished a firearm during an altercation outside of the residence and was shot and killed by another man, who has not been identified by authorities.


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MO: St. Louis Robbery Suspect Shot by Victim

ST. LOUIS, Mo. (First Alert 4) - Police say a 16-year-old was shot in the chest as he and three other suspects attempted an armed robbery early Saturday in Soulard.

Following the incident, the male juvenile was dropped off at an area hospital where he is listed in critical condition, according to St. Louis Metropolitan Police.


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Wednesday, July 24, 2024

Romania Minister after Another Tourist Killed: Relocation of Bears Does not Work


Mircea Fechet, Romanian Minister of The Environment, Water, and Forests, from Romanian Government press briefing, official release
 

On July 10, 2024, a 19 year old tourist woman and her boyfriend hiking in Romania, were attacked by a European brown bear. The couple was on the emergency phone line with authorities as the woman and man followed directions on how to handle a bear. The woman was attacked, dragged off, killed and, apparently, partially eaten. The bear attacked authorities attempting to recover the body, and was shot and killed.

The European brown bear in Romania is a sub-species to the worldwide population of brown bears. The species includes the North American Grizzly, the Japanese Ussuri brown bear, the Kodiak bear and the European brown bear in Russia. All are part of the same species, with the primary variation caused by the availability of food. Where food is plentiful, such as along salmon streams, the bears become very large. In mountainous regions, the bears tend to be smaller, with average mature boars at about 400-500 lbs.

In eastern Europe, there is a large population of grizzly/European/brown bears. Romanian has over 8,000 heavily protected bears. They have been increasing and causing increasing problems. The Romanian population is four times larger than the population of Grizzly bears in the lower 48 states. The population in the lower 48 is concentrated around the Greater Yellowstone Ecosystem and Glacier National Park. From/aussiedlerbote.de:

Approximately 8000 brown bears live in the Carpathians of Romania - and they continue to attack hikers. In one of these attacks, a 19-year-old woman has died. The young tourist was dragged away by the wild animal in the south of Brasov, in the Bucegi-Massif, according to an eyewitness who placed a call after the incident. This was reported by the Romanian news agency Mediafax.

Less than an hour later on Tuesday evening, mountain rescuers and police recovered the woman's body. They reportedly shot and killed the bear, as it had allegedly attempted to attack the rescuers.

The Romanian government took quick action. From  ziarelive.ro:

The plenary session of the Chamber of Deputies, convened in an extraordinary session, approved on Monday the draft law aimed at measures to manage the bear population.The bill was approved with 214 votes "in favour", seven votes "against", 23 abstentions.

Mircea Fechet, the Romanian Minister of the Environment, Water, and Forests, was able to pass a measure to cull 500 bears. This was the number Fechet had called for previously. The number had been negotiated down to 220 bears. He observed mere relocation of bears simply moves the problem bears to other jurisdictions. From romaniajournal.ro:

Mircea Fechet claims that relocating bears does not produce results. Managed means either shot or euthanized. Because we found that the method of relocation that we keep applying does not give any kind of results. And I say this because, today, I talked to the manager of the hunting fund within whose radius this tragedy happened, who told me that in recent years he relocated to other counties, to other hunting funds, to other areas over 100 of bears, only from the respective hunting fund. This means that relocation does not work. Relocation only means that you move the problem from one county to another county, from one city to another city or to the hunting fund,” the Minister of the Environment said.

 From aljazeera.com:

Romania’s government has more than doubled the number of bears that park rangers can legally kill, approving the culling of almost 500 bears this year following a deadly attack on a hiker that caused a nationwide outcry.

The law adopted on Monday in an emergency meeting of parliament authorises the culling of 481 bears in a bid to control “overpopulation” in the protected species, a figure that is more than twice last year’s total of 220 bears culled.

Romania has adopted a practical approach to the culling of bears. If a bear needs to be harvested, hunting guides in the area are allowed to contract with a licensed private  hunter to hunt for the bear. Bear hunts cost as much as $15,000. The state is spared the expense of paying state employees to remove the bear. The local economy is enhanced, with guides being paid by hunters for the privilege of hunting the great bears, made more difficult by the necessity of taking a specific animal. Instead of costing the state resources, resources flow into the local area, giving incentives for locals to preserve bears as possible income instead of viewing them merely as destructive pests.

Romanians, as with most Europeans, are not allowed to carry handguns for protection. The Czech Republic and Estonia are exceptions, where the carry of handguns is allowed after considerable training and regulation.

 

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

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FL: Domestic Defense:? Homeowner Shoots, Kills Husband of Female Friend

TAYLOR COUNTY, Fla. (WCTV) - One man is dead after breaking into a home on Osteen Road in Perry, according to the Taylor County Sheriff’s Office.

Officials said the homeowner woke up to the sound of glass breaking, as someone was forcing their way through the front door.

TCSO reported when the intruder came into the bedroom - where the homeowner and a female-friend were located - the homeowner grabbed his legally-owned gun and shot him.

That man was, later, identified as the female-friend’s husband, according to deputies. He was pronounced dead at the scene.


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MS: New Africa Road Homeowner and Auto Burglary Suspect Exchange Fire

On July 20, 2024 at about 3:00 a.m., deputies responded to the 6900 block of New Africa Road to take a report of an auto burglary. Upon the Deputy's arrival, it was revealed the homeowner and suspect had exchanged gunfire. No injuries were reported.

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WA: Business Owner Shoots Intruder who Broke into Business at 2 a.m.

Police began investigating one incident around 2:05 a.m. Friday, responding to a reported burglary at a commercial building in the 4200 block of Rainier Avenue South. A 42-year-old man was shot after he broke into the business and was confronted by the armed 71-year-old owner, who allegedly shot the intruder in self-defense, the Seattle Police Department said in a blog post.

The man was shot in the hand and was found by police a few blocks away from the business. He was taken to Harborview Medical Center in serious condition and was placed under arrest for investigation of burglary.

The business owner told detectives that the alleged burglar was armed with a blade. The gun used in the shooting was seized for evidence, as were the shears that the police believe were wielded by the 42-year-old suspect.


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Monday, July 22, 2024

TX: Domestic Defense in Lillian, Son Shoots Mother's Husband

Officials say a woman called 9-1-1 to report her son had shot her husband.

“During the initial investigation, detectives interviewed family members, witnesses and the juvenile suspect. It is believed the juvenile was protecting his mother from being further assaulted,” said the Johnson County Sheriff’s Office.

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GA: Armed Citizen holds Escaped Convict for Police

A few hours later, Steven Kirby, who lives in the same area as the 911 caller, when his Labradoodle named Odie began barking at someone outside the house.

Kirby got a gun and went outside where he saw Partin and ordered him to the ground. He held Partin at gunpoint while his wife called 911.

Deputies came and took Partin back into custody.


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IN: Indianapolis Homeowner Shoots Burglary Suspect

According to investigators, the injured man and another man were attempting to burglarize a residence in the 8700 block of West 21st Street. While attempting to burglarize the residence, the homeowner shot one of the suspects. The other suspect involved in the attempted burglary was taken into custody by police. The homeowner and a witness are cooperating with investigators.


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Sunday, July 21, 2024

MI: Domestic Defense: Oakland County, "Red Flag" law fails, Armed Defense Worked

A 67-year-old suspect was fatally shot after breaking into a residence to attack his ex-girlfriend in Orion Township Wednesday morning.

The suspect was fatally wounded by the ex-girlfriend's stepson inside the house, on Elkhorn Lake Road around 10 a.m. Oakland County Sheriff Michael Bouchard said.

(skip)

Bouchard said that it appears Gavitt got his ex-wife's weapon and took that to the Orion Township house to shoot his former live-in girlfriend. Gavitt's own two firearms had already been confiscated from the state's so-called Red Flag law by police in Tuscola County.

 

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Saturday, July 20, 2024

OR: Domestic Defense? Portland Brother Shoots Brother in Self Defense

Portland police say an investigation showed that two brothers got into an argument when one of them shot the other in self-defense and will not be arrested.

 

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Friday, July 19, 2024

NE: Omaha Homeowner Shoots Man in Self Defense

The homeowner told KETV NewsWatch 7 Gomez was acting crazy. The homeowner said he was afraid and protected himself.

The Douglas County Attorney's Office said the investigation is ongoing but based on the current evidence, the homeowner will not be charged. The shooting is being classified as self-defense at this point in the investigation.


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MS: Tupelo Homeowner Drives off Home Invaders with Gunfire

The victim said he heard a loud sound from the back of the home and went to get his gun.

He saw a masked person in the house and fired his weapon.

He says 3 people ran from the rear of the home.

The masked suspect was wearing all black and appeared to have a gun. The second suspect was wearing a black shirt and black pants. The third suspect had on black pants and a grey shirt.

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Thursday, July 18, 2024

NICS for June of 2024, Sixth Highest year for Gun Sales and NICS Checks


National Instant background Check System (NICS) numbers show firearm sales for June of 2024 were down five percent from 2023. They are still over 1 million for the month. According to the National Shooting Sports Foundation, this is the 59th month of over one million sales a month. If July sales are over a million, it will be five complete years of over a million firearm sales a month. May, June, and July are traditionally the lowest months for firearms sales during the year, although the pattern is not absolute. Specific events can increase firearms sales. This correspondent predicts the assassination attempt, which came so close to ending former president, and likely future president, Donald Trump's life, is such an event.

There may well likely be a bump up in firearm sales for July of 2024. To facilitate the bump, firearm prices are at historical lows, when corrected with constant dollars. AmmoLand recently published a special on Plumbcrazy complete lower receivers for the popular AR15 type firearms, at only $65.99 each. Add a Bear Creek Arsenal complete upper, chambered for .223, on sale for only $215.60, and you have an fully capable AR15 style rifle, sans sights or magazines, for under $300, including shipping, but not transfer fees or sales tax. A capable rifle for nearly all uses from hunting to home defense or militia duty, all for about a weeks pay at minimum wage. Perfectly serviceable personal defensive pistols are showing similar deals. Several 9mm models are available under $300. Solid .22 rifles can be had for $100 on sale, with .22 revolvers at about the same, and .22 semi-auto pistols at $200 - $300, on sale.

With low entry prices, and the political insecurity shown by the nearly successful political assassination attempt on presidential candidate Donald Trump, new entrants to the firearms market are expected. Calls for more restrictions on firearms sales and use are likely to push up sales.

Pistols continue to be the majority of fireams sales, with long guns (rifles and shotguns) about 57% the numbers of handguns sold. Multiple sales and sales of receivers which can be made into either handguns or long guns round out the sales numbers. Of the total sales, handguns are about 57%,  long guns are about  33%, multiple sales are estimated at 5%, and other at slightly less with about 4.5% of the total firearm sales. The half percent difference from 100% is due to rounding.


The slide in firearms sales has occurred from the historical records set in the presidential election year of 2020. As seen in the NSSF chart, while sales have fallen since 2020, they remain at highs previously only seen in the record breaking year of President Trump's election in 2016. There is probably some reluctance to purchase because of market saturation and because of limited disposable income created by the Biden administration induced monetary inflation.


If presidential candidate Donald Trump survives and is elected in 2024, it will take some time for stability to be re-established. The current ruling class sees their power as threatened. The far-Left/Woke forces will see their chance at a complete destruction of Western civilization at risk of failure.

In the event of a second Donald Trump presidency, this correspond expects riots in major centers of Democratic party power. Those riots may be far greater than were observed in 2020, when the left went all out with BLM legitimization of anti-white and anti-police rioting.

 

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

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CO: Security Guards Shoots Suspect who Broke into Businesses, Attacked another Guard with a Hammer

Security at one of the locations tried to stop him, but the suspect was armed with a hammer.

The suspect attacked and injured the security guard with the hammer before being confronted by another security guard.

The armed suspect continued to advance towards the second security guard when the guard fired his gun, striking the suspect.

More Here

NC: Wilmington Homeowner Defends Self, Wife. Critically Wounded, Kills Attacker.

Around 3 a.m., 74-year-old David Rose rang the doorbell and beat the front door of 62-year-old Rodney Jester's home, according to the release. Jester and his wife were asleep. When Jester got up and opened the door, Rose shot him.

Jester's wife attempted to shut the door and Rose tried to forcibly enter, according to the release. Jester grabbed his gun and shot once through the door, striking Rose in the head.

Jester was rushed to Novant Health New Hanover Regional Medical Center and is currently in critical condition. Rose died on scene as a result of his injuries.

 

More Here

Lucky Gunner Video on Bear Attack Data from the AmmoLand articles

Graphic from video created at Luckygunner

Chris Baker at Luckygunner has produced a very good video summation of the use of handguns to defend against bears published on AmmoLand. The graphics in the video are well done. In a five days, there were over 95 thousand views, with 748 comments. The vast majority of comments were favorable. If you prefer to obtain your information via video instead of print, this is a well made video worth watching. The video is 11:48 minutes long.  Chris has obviously studied the data collected and analyzed it from the long running series at AmmoLand. He has created a good narrative and visual summary of the findings from that data.



Chris correctly identifies the incidents collected and documented in the AmmoLand articles come from a variety of sources:

  • Newspaper and magazine articles
  • Books
  • Freedom of Information Act requests (FOIA)
  • Interviews with participants in the events

Chris faithfully notes these are all the incidents which have been found, with diligent searching, since 2018. This is prevent or at least minimize selection bias. In the video there is limited time, so Chris does not mention the range of years covered. The incidents range from 1890 to 2024. Chris shows bear attacks in the United States primarily occur in three states: Alaska, Montana, and Wyoming. Chris has created some decent graphics which show the number of incidents by caliber.

Chris does a good job of showing the advantages of warning shots in defense against bears, with a good explanation of things to keep in mind when considering a warning shot.

While Chris states there are only 4 failures in the data, he makes a small error when he says there is no indication any of the bears in the four failures were actually hit. There is documentation the polar bear in Svalbard was hit with three bullets from the .22 pistol, but none of the bullets reached the brain.

Chris and this correspondent disagree on whether bear spray is easier to use than a handgun. Chris thinks bear spray is easier to use. Bear spray has its own problems, such as poor holsters, a safety which is not ergonomic, and the need to point it in the right direction, while considering the wind direction.  This correspondent believes bear spray is not as easy to use as a handgun, because cartridge handguns and holsters have about 150 years of experience and refinement of their ergonomics. Nearly all firearm safeties are far superior to the safeties found on bear spray.  Of course, bear spray can be legally carried in more places than firearms are allowed. If a person has a phobia about firearms, or is unwilling to learn about them, bear spray offers an alternative.

This correspondent appreciates the study and effort put into the analysis by Chris Baker. The video at Luckygunner is of high quality. The attention to detail and accuracy are well done. Luckygunner tactfully but factually replies to several of the hundreds of comments.

Overall, Chris Baker at Luckygunner did a great job with his analysis and video presentation on how effective handguns are in defending against bears. He accurately represents the results of the research published on AmmoLand, and reaches tens of thousands of interested parties with his excellent presentation.

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

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https://www.youtube.com/watch?v=o0VnGuW1JVA

FL: Warrington Robbery Suspect Shot, considered to be Self Defense

A man was shot and killed during an alleged robbery at the Forest Creek Apartments in Warrington on Friday evening, according to the Escambia County Sheriff's Office.

ECSO spokesperson Morgan Lewis told the News Journal that they are investigating the shooting as self defense.

"We don't anticipate any charges at this time," she told the News Journal.


More Here

Tuesday, July 16, 2024

Hawaii Legislature Passes Bill to Ban Ammo Purchase or Possession Adults 18-20



The Hawaii legislature has passed a bill which forbids adults aged 18-20 from purchasing or possessing ammunition. It also forbids anyone from transferring ammunition to people under the are of 21. Violation of the Bill would be punishable as a misdemeanor.

On May 2, 2024, the Hawaii Legislature sent Bill SB2845 to Democratic Governor Josh Green for his signature. Governor Green (D). Governor Green has signed several state laws restricting firearms ownership and carry in Hawaii. Governor Green (D) is expected to sign SB2845 into law. Hawaii government is  effectively defying the Supreme Court ruling in Bruen. From captol.hawaii.gov:

SECTION 2. 
Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§134-    Sale of ammunition to a person under the
age of twenty-one; prohibition; penalty.
 
(a)  No person shall intentionally, knowingly, or recklessly sell, offer to sell, distribute, or otherwise transfer ammunition for any firearm to any person who is under the age of twenty-one; provided that it shall not be a violation of this section to sell, offer to sell, distribute, or otherwise transfer ammunition to a person who:

     (1)  Meets the criteria to possess a firearm under section 134-5; and

     (2)  Is actively engaged in hunting or target shooting or going to or from the place of hunting or target shooting.

Bill  SB2845 goes on to explain how people who sell or transfer ammunition will be required by law to check government issued identification to insure the person who is receiving the ammunition is 21 years old or older.

As shown above, people who are under the age of 21, but who have a hunting license, are allowed to have ammunition transferred to them while hunting or going to or from the actual place they will be hunting. Additionally, people under the age of 21 who are target shooting or going to or from target shooting are allowed to have ammunition transferred to them. In both cases, the people under the age of 21 are required to be accompanied by an adult, as shown in §134-5.  State officials and employees of the State or Federal governments are exempted if their duties require them to be armed. 

Persons under the age of 21 are forbidden from possessing or controlling any ammunition, with the above mentioned exemptions. 

This correspondent did not find any legal definition of "ammunition" in the Hawaii statutes. 

People who have attained the age of eighteen years are no longer "minors" under Hawaii law. Therefore, it appears anyone the age of 18 or greater satisfies the requirement that an "adult" be present while hunting or target shooting. 

Analysis: This poorly thought out law is almost certain to be challenged in federal court. There are already challenges to the ban on purchase of handguns by adults who are less than 21 years old. There are no historical laws which forbid purchase of firearms by persons who are 18 years old or older, while there have been historical federal laws requiring ownership of firearms by persons 18 years or older. 

Bans on the purchase, control, or possession of ammunition or arms by persons under the age of 21 are almost certain to be struck down by the Supreme Court as unconstitutional infringements on the rights protected by the Second Amendment.

 Update: Governor Green (D) signed the bill into law on July 10, 2024.

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

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GA: After Fight, Dekalb Suspect Attempted Entry into Adversary's Home, was Shot

An alleged home invader is recovering in the hospital after police say they were shot by a DeKalb County resident early Friday morning.

Officials say the shooting happened around 4 a.m. on the 3000 block of Bedevere Circle.

 

More Here

Monday, July 15, 2024

Ammunition Vending Machines: Good or Bad?


Image from American Rounds video of first ammunition vending machine installation

 

A technological development from an American company of a way to legally sell ammunition has been going viral. The use of vending machines to legally validate age and sell ammunition causes some people to ignore all facts and logic, and emote "guns are bad!"

Video link from company of first ammunition vending machine installation.

Video link about the ammunition vending machines from youtube.com.

The vending machines in question, from American Rounds, uses computer technology to validate  age with picture ID. If the person attempting to purchase ammunition is over 21 years old, they may purchase the ammunition using a picture ID which the machine validates using facial recognition software. Only credit or debit card purchases seem possible. There does not appear to be any way to pay with cash on the face of the machine. This means a double check of identification takes place, as the person whose identification is validated must also use a credit card which has to be separately validated.

The machines have been installed in six locations in two states according to the American Rounds web site. They are expected to be installed in other states shortly. The machines are considered more secure than traditional stores, where ammunition is available on the shelf,  subject to a greater chance of pilferage.

The emoting over the introduction of this technology is expected, ignoring facts and logic.  From abc3340.com:

During the meeting, Councilman Kip Tyner said; "I got some calls about ammunition being sold in grocery stores, vending machines, the vending machines. Is that? I mean, I thought it was a Lie. I thought it was a joke - but it's not."

The Daily Mail and the Telegraph, pushed hard on the "guns are bad!" theme by including misleading statistics on suicides and homicides committed with firearms, using the Orwellian term "gun violence".  The American Rounds website does not show any vending machines installed in Texas at this time. The Daily Mail article only shows vending machines installed in Oklahoma and Alabama, yet The Daily Mail makes this statement:

Meanwhile, Texas, where American Rounds have vending machines, has the highest number of gun related deaths in the US with an average of over 4,600.

There is no significant evidence of overall suicides or homicides being reduced when firearms are singled out for severe legal restrictions. Suicides or homicides with firearms may be reduced. Overall suicides are not reduced because of the easy substitution of other methods. Overall homicides are not reduced because of substitution of methods and the reduction of defensive options.  As the stated purpose of such laws is to reduce suicide rates and homicide rates, the laws do not work.  

The theory of suicide or homicide reduction by severe regulation of firearms does not hold true when subjected to real world trials.

The good: Common ammunition will be available at more locations, sometimes for 24 hours a day. If you are on a hunting trip, and forgot your ammunition, this would be useful. If you are far from a sporting goods store, a vending machine in a grocery store could save you time and money.

The bad: Ammunition sales are linked to an individual and the sales are digitally stored, possibly forever. This is another step toward firearms registration and confiscation. Ammunition was commonly available at many retail outlets, without age limits, before 1968. The federal government severely limited retail sales and required voluminous records from 1968 to 1986. The Firearms Owners Protection Act removed the record keeping requirement In 1986. Such records had no effect except to inconvenience purchasers and sellers, and to facilitate theft of firearms. Paper records were commonly kept with the ammunition and were easily available to most people, including thieves.

The real: The vending machines store extremely limited quantities and varieties of ammunition. If you need ammunition for a .17 HMR, or a .270 Weatherby Magnum, you are unlikely to find it in a vending machine. Records are being kept, but so are all records of credit card sales. Most states do not prohibit the private transfer of ammunition from one person to another of legal age. Criminals use very small amounts of ammunition. A couple of boxes can last for years. Such small amounts are easily available on the grey and black markets.

Overall, this is a positive development which helps to restore the normalization of firearms ownership and use in the United States of America.

 

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

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OH: Avondale Women with Rocks Attack another Woman, who Shoots them

CINCINNATI (WXIX) - Two women were hospitalized after a shooting occurred in Avondale early Friday morning.

Cincinnati police say a woman was in her vehicle in the 3500 block of Reading Road when two other women came up to her with rocks and began attacking her.

An officer at the scene said the female driver acted in self defense and shot the two women.

More Here

Sunday, July 14, 2024

Five Year Old Granddaughter's View of Defense Against Bears


Five year old Elizabeth's picture presented to her grandfather

While visiting my daughter, her husband, and their children, my five year old granddaughter, Elizabeth, presented Grandpa with the picture of defense against a bear. She had created it just for Grandpa on the morning of the day after I arrived. The picture is on ordinary 8 1/2 x 11 inch paper. The bear in the picture, with fearsome teeth and claws, appears to be about fourteen feet tall, as compared to the human figures in the lower right corner. The humans consist of one man and two women shooting handguns at the bear.

I was informed by Elizabeth, the woman on the far right has a handgun in her hand, but it is hidden by her long hair. Elizabeth said, after the people defend themselves from the bear, they will have bear steak.

My grandchildren have loved to have me tell them bear stories. Instead of the usual Goldilocks story, I have told them stories from the research on pistols used in defense against bears, or other stories about bears which I came across in my research. They love for Grandpa to play at being an attacking imaginary bear. When they shoot imaginary handguns at the imaginary bear, it falls down and stops attacking. The children have learned to shoot more than one imaginary shot. It is not surprising Elizabeth would chose the theme of people defending themselves with handguns against a bear in the woods.

Elizabeth knows meat comes from animals, and people eat bears. The grandchildren have asked if Grandpa ever ate bear meat, and Grandpa has truthfully told them he has done so. Grandpa has also pointed out that deer are good to eat, and beef comes from cows. While the children can sometimes be picky eaters, they are not vegetarians.

Grandpa has taken two of the older children to the North Woods where they meet cousins and other relatives. There they learn about growing crops and gardens and making maple syrup. They learn mink kill chickens for fun.  Deer and rabbits eat crops. They learn gardens must be weeded and protected from pests. They learn foxes will grab an easy meal of a free range chicken when they can.

Black bears have wandered through the yards of some of their cousins, and wolves menaced their Grandpa's brother. They see mounts of whitetail deer, skulls of bears, and pick wild berries. They run and play in the yards, fields, woods and rivers with few restraints except for some adult supervision when required. They are given basic lessons on firearms safety and allowed to shoot suppressed .22 firearms under very close supervision. They see people commonly carrying firearms during their everyday activities. They see people comfortable with firearms who own and use many of them. They learn of people who came before and the Old Copper Culture of the North Woods.

Elizabeth will get her turn, God willing. Cell phones, video games, computers, and television are not completely banned, but their use is severely limited. Those things, collectively becoming known as "screens", are easily available in the city. Fields, forests, streams and relatives are not, making time in the North Woods rare and valuable. Grandpa and his relatives have experiences and skills few in the city have. Some of the children may find some of those skills worth having.

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

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LA: Domestic Defense? Man and Woman Struggle over Weapons Disarm

SHREVEPORT, La. (KTAL/KMSS) – A woman was arrested for what police are calling a domestic shooting on Thursday evening.

According to police, they arrived in the 7800 block of Pines Road for a reported domestic incident involving a shooting and found a man and woman were involved in an altercation. 

The female, identified as 26-year-old Shacamrie Taylor, allegedly pulled a knife; the male responded by producing a firearm. Police said the two struggled for control of the firearm, ultimately discharging the gun.

 

More Here

MO: Reginald Thompson claims Self Defense in Grand Bay Shooting

UPDATE: MCSO identified the person involved in the standoff as Reginald Thompson.

Authorities said he claims he was acting in self defense when he shot the person who was injured.

Officials said his case will be presented to a grand jury.

The person who was shot is in critical condition, according to deputies.

More Here

Saturday, July 13, 2024

Handguns in Defense Against Bears by Caliber - 10mm, .41 magnum, and .45 Super (12 cases)

 


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. Only four failures have been documented. Link to three failures. Link to fourth failure. We appreciate readers who help us document cases.

Here are all the cases which have been documented where 10mm, .41 Magnum, .45 Super caliber handguns were fired in defense against bears. This grouping includes the three calibers to provide enough incidents to be illuminating.  These cases do not include incidents where handguns were use with other lethal means, or a mix of handgun calibers were used. There are 7 incidents with a 10mm caliber handgun (1 black bear, 6 brown), 4 incidents with .41 Magnum  revolvers (1 black, 3 brown), and 1 incident with a .45 super handgun (brown bear). All were successful. The incidents are listed by caliber, chronologically within caliber.


We have found seven cases where a 10 mm pistol was used to defend against bears. 1 black, 6 brown bears, All were successful.

 

August 18, 2002, Western Talkeetna Mountains, Alaska, 10mm grizzly bear. Personal interview with Jack Jefferson in 2021. Included in AmmoLand article on 10mm.

A problem bear was becoming much too familiar with people and property at the lodge on a lake. Several cabins had been broken into and ransacked for food on the other side of the lake. Professional guide Jake Jefferson had his 10mm built by his brother on a six inch longside 1911 frame, with an eight shot magazine.  
He attempted to haze the bear away from the lodge, and fired six shots near the bear, which indifferently moved a little way away. It came back quickly and tore up a bunch of empty coolers.  
Jake looked for another firearm, but did not find any close to hand.  
Jake heard “hey bear” from the other side of the lodge.
As he came around the corner, the grizzly was quartering toward him at 10-15 yards. He only had two shots left. He fired one into the back pair of ribs, which later showed to have missed the chest cavity, and traveled through the abdominal cavity to the hide on the other side.  
The bear immediately ran off. It was nearly 11 p.m. with a fair amount of light, but getting darker. Jake decided to wait for morning to track the bear.   
Next morning, Jake found a very sick bear on top of a beaver food pile, in the lake, with only its head above water.
Jake used a rifle to finish off the bear. The boar squared at 7 1/2 feet.  
Jake had a tag for the bear. It was listed as a hunting kill, not a defense of life and property.

 

May 16, 2016, 10mm  Black Mountain in Wyoming East Fork WHMA Grizzly. Included in an AmmoLand article. FOIA page 426.

On May 16, 2016, a man was looking for shed antlers on Black Mountain in the Wyoming East Fork Wildlife Habitat Management Area. A sow grizzly with two cubs of the year charged him. He fired several warning shots at the sows feet, but the bear kept coming. He shot seven or eight times, and emptied his pistol, as the bear rolled past him and hit a tree. He left the area. The grizzly bear was never found. Rain had washed away the evidence. No blood or hair was found.

July 29 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.

July 25, 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.

September 18, 2018 Alaska, 10mm Grizzly Bear Pictures Defense on Archery Moose Hunt, Anthony Reyna Relates story, “Jimmy” is the shooter.

At this point we haven’t spotted the moose yet but has seen the crows kick up, and less then a second after that you hear the roar, from our 12 o clock, and boom freaking 7 1/2 foot brown bear yards 10 yds away and full charge, my buddy Jimmy who was leading yells ever so calmly “Oh fuck bear” draws his Glock 20 and without hesitation drives two bullets into the charging bore at roughly 10 feet from him. One to the head, one to the chest “Perfect.” At this point, and it being so fast it’s hard to comprehend what had just happened.

Immediately afterward I call fish and game, and report that we had to drop a brownie by self defense and nobody is injured, while on the phone my friend Ron had located my moose. Completely buried, ear ripped off, stomach and genitals ripped open. But from what we could tell all meat looked salvageable.


September 23, 2021, Island Park Idaho, Grizzly Bear 10 mm from AmmoLand article on 10mm defenses

Then, on 23 September, a sow grizzly, reportedly with cubs in the area, was shot and killed when it attacked archery hunters near Island Park. The hunters deployed both bear spray and a pistol. The incident is still under investigation, but it appears the bear was shot at very close range. It is elk archery season in Idaho. A source inside the investigation informed this correspondent the pistol was a 10mm.  From idaho.gov:

On Thursday, Sept. 23, 2021, Idaho Fish and Game received a report of a sow grizzly bear that charged two elk hunters in the Stamp Meadows area near Island Park. As the bear charged, one of the hunters deployed bear spray while the other discharged a firearm at close range, mortally wounding the bear. Neither hunter appeared to be injured during the encounter.

October 21, 2022 – 10mm, Grizzly bear Wyoming

On October 21, 2022, Wyoming dentist, Dr. Lee Francis, 65 years old, was hunting elk with his 40-year-old son, in the area near Rock Creek, in the Sawtooth Mountains, east of Bondurant, Wyoming.

In this video from KSAL-TV, he gives an interview and explains what happened. Dr. Francis is an avid hunter and outdoorsman. He successfully collected a large grizzly bear with a bow and arrow in 2013. Several attempts to contact Dr. Francis have been unsuccessful.

Dr. Francis had separated from his son when he unintentionally stepped in front of the entrance to a bear den. He saw the fresh dirt, had drawn his Glock 10mm, chambered a round, and was backing away when the bear charged at him out of the den from 10 feet away.

The best interview about the encounter appears to have been in an article at cowboystatedaily.com.  The article says Dr. Francis used 130-grain hardcast bullets in his 10mm Glock.

“He came right at me, and he came on full blast,” the elder Francis said. 

Counting the cartridge already in the chamber, he had 14 rounds loaded with 130 grain hard cast bullets in his Glock. 

“I just remember shooting three or for times, right before he hit me,” he said. “Then I went down on my back.”…

Hard cast bullets will punch through a bruin’s body, instead of rapidly expanding and expending their energy in massive, shallow wounds the way that hollow point bullets do, he said. 

“Hollow points are meant for stopping people, not bears,” he said, adding that it was also fortunate for him that his weapon was loaded with hard cast bullets. 

“A hit from a hollow point would have probably just exploded my whole foot,” he said. 

He also said he favors the high-capacity, semi-automatic Glock over magnum revolvers.

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

July 16, 1981, Circle Lake, Alaska, black bear, .41 magnum single-action revolver.

Wade Nolan was with his wife, Hazel and Randy Poteet on a wilderness arctic trip, using Klepper Kayaks, 400 yards from Circle lake. The float plane had dropped them off, and left. They set up camp, and a brazen black bear came into camp and started stealing gear.

The big black bear kept coming at Wade. He shot it at eight yards, in the chest. It ran a short distance and died. They cut short their trip as a result. Another bear stalked them on the way down the Alatna river.

Death Dance, Wade Nolan, page 134 – 140. Bob Marshall mapped Alatna in July, 1931. Nolen says the event happened 50 years later, in 1981.

Last week of June 2003, Montana: Grizzly Bear attacked, man mauled, used .41 Mag to stop the 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.

July 19, 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.

August 8, 2009, Ishawooa Mesa, Wyoming, Grizzly, .41 Magnum.

He fired a warning shot over the sow’s head. It made no impression.

He fired again. A miss. The bears and dog were close, now. The sights lined up. A pause, perfect sight picture… click and misfire! He fired again. Another miss, but now the bears and dog ran off, out of sight.

One round was left in the Blackhawk. Tanner had six rounds in his gun belt loops. He reloaded. He decided to leave the area, in case the bear came back.

50 yards away, a narrow chute gave a less than vertical way done the mesa. He started into it. He had only descended 20 feet when he heard and saw the sow again. It had circled around the bottom of the mesa and was now coming up the chute, directly at him! He reversed course, climbed up, and scrambled onto a rocky outcrop. Sow, dog, and cubs all moved as fast as they could up the steep slope of the chute.

Tanner cocked the pistol and held it steady. As the sow’s head came to within two feet of his position, he fired directly into her forehead. Instant death. The sow tumbled backward and rolled over and over down the chute, with Ovada in pursuit. She came to rest 150 feet away.

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

October 6 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.

 

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

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KS: Suspect threatens Topeka Business Staff, is Shot

Topeka police officers were told a person entered a business in the area that was closed. When the suspect was told it was closed, they allegedly pulled out a weapon and began to threaten the staff, but the staff ended up shooting the suspect.

The suspect ran and TPD later found him at a nearby hospital where he is now in stable condition.

More Here

Friday, July 12, 2024

Colorado Homicide with Firearms: one of four are justifiable self defense.

 

 

Chart from Colorado Department of Public Health and Environment

The number of times firearms are used in self defense is difficult to quantify. In a rare analysis of data concerning deaths related to firearms, the Colorado Center for Health & Environmental data has produced figures which indicate firearms are commonly used for self defense.

The Colorado Department of Public Health and Environment analyzed 5,287  firearm related deaths in Colorado, from 2016 to 2020. Of those deaths, the vast majority, 73.6%, were suicides. 24.9% were homicides/assaults (about 1316). Of the homicides, 24.7% were justifiable self defense (about 325).

Firearms availability has minimal, if any, effect on overall suicide rates. Firearms availability may increase or decrease overall homicide rates. This correspondent has read most of the studies on the subject. The preponderance of the evidence is the availability of firearms has either no effect or a slightly reduces overall homicide rates. Increasing legal firearms carry appears to have a small but measurable effect in decreasing overall homicide rates.

This correspondent was unable to access the raw data to check the Colorado Department of Public Health and Environment fact sheet. The 24.7% of firearms homicides is plausible, however the number of justifiable homicides is seldom compiled and recorded in official statistics. The FBI records some justifiable homicide data, but the FBI definition of what is recorded as a justifiable homicide is extremely limited. Studies of overall homicide data compared to what is reported and recorded by the FBI indicate actual numbers of justifiable homicide are about five times those recorded in the FBI Uniform Crime Reports (UCR). The UCR was changed to an event based system, so UCR data is only available through 2019.

Compiling the UCR data from the four years which overlap the Colorado statistics, (2016, 2017, 2018, and 2019, show 2790 justifiable homicides (police and other citizens) and 42,115 non-justifiable homicides with firearms. Those numbers translate as 6.2% of firearms homicides were recorded as justifiable under the extremely limited FBI definition. Given the studies to indicate only 1 in 5 justifiable homicides are recorded in the UCR, the national figure would be 31% of firearms homicides are justifiable for the four overlap years. This is reasonably close to the 24.7% in the Colorado fact sheet, considering there are significant differences between states.

There is significant bias in these numbers. Most people committing murder intend to kill their victims. Most people defending themselves kill their assailant as a last resort.  The number of deaths, by intent, tends to be larger for illicit killing than for justifiable killing. Firearms are much more commonly used to defensively prevent an attack than to kill an attacker. In cities such as Chicago, the number of people wounded and requiring hospitalization is about five times the number killed with firearms. Similarly, the number fired at without effect appears to be several times the number wounded. Finally, the number of people deterred from an attack by the presence of a firearm is likely several times the number of incidents where the firearm had to be fired.

Surveys of defensive uses of firearms indicate indicate the total number of defensive uses are roughly 1-3 million per year.  Successful defenses are unlikely to be reported or recorded if no shots were fired or no one was injured.

As a rough check on possibilities, if there are 13,000 homicides committed with firearms in a year, 30% of those would be 3,900 justifiable homicides. Six times that number to include wounded as well as killed, would be  23,400. Four times that number where shots are fired, but no one hit, would be 93,600. Ten time that number, to include times when no shots are fired, would be 936,000, or nearly a million defensive uses. All of the above numbers, while plausible, are not easily determined because of lack of official reporting and recording.

 

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

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