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.

Analysis:

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.

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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

OFF-DUTY OFFICER ROBBED OF GUN, ASSAULTED. 

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 news4sanantonio.com:

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
door.

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.

Analysis:

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.

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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.

Click…

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.

(snip)

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, azgfd.net (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 BWCA.com 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.

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LA: Car Burglary Suspect Threaten Owner, 1 Shot and Killed

On Saturday, May 11, 2024 at 11:00pm the Shreveport Police Department was responding to a call for a vehicle burglary in the 8900 block of Hawthorn Drive when they were notified that the homeowner had shot an individual.
 
Upon arrival, SPD & SFD located a juvenile male suffering from a gunshot wound to the head. That juvenile male was pronounced deceased on scene. The Caddo Parish Coroner was dispatched to the scene. 
 
Shreveport Police Department tells Love Shreveport-Bossier that the homeowner stated he saw multiple suspects breaking into his vehicle on his home camera. The homeowner stated he went outside and one of the suspects flashed something at him, the homeowner then stated he fired his handgun at the suspects striking one of the suspects in the head. 
 
The other suspects fled on foot in an unknown direction.
At this time no arrest have been made. 
 
This story is still developing and we will update as more information comes available.

Link Here

TX: Houston Man steals Phone, Refuses to Return it, is Shot in Confrontation

HOUSTON, Texas (KTRK) -- Investigators are working to find out if charges will be filed against a man accused of shooting two customers over a waitress' stolen phone on Saturday.

The Houston Police Department said the incident unfolded at a sports bar along Lyons Avenue and Boyles in the Denver Harbor area.

Just before 2 a.m., a waitress reportedly noticed her phone had been stolen from behind the bar where two men were drinking together.

Police said a manager looked at surveillance video showing one of the two customers at the bar had taken the phone.

That's when the woman decided to call her boyfriend and confront the customer.


More Here

Monday, May 13, 2024

Update: Bear Defense with Handguns, Third Update. 20 more cases, total of 190 , 98% Effective


Grizzly bear shot in self defense at 10 feet by Jimmy Cox with a 10mm, Sept. 18, 2018, AK

 

The use of handguns as a defense against bears has been shown to be effective 98% of the time. In this study, all cases which can be documented, where a handgun was fired in defense against a bear, are included. This is done by design to guard against selection bias.  All cases cite the source for the case information. Unlike other attempts to put a number on how effective handguns, long guns, or bear spray is in defending against bears, every case is described to readers so they can come to their own conclusions.  Readers may disregard any incidents at their discretion. They may evaluate the cases themselves. One of the keys to a convincing inquiry is the availability of the data used. If a researcher will not show you the data, it is a matter for concern. Research cannot be duplicated unless the base data is understood.

Cases where a handgun was not fired are not included. Access problems for defensive weapons, such as handguns, long guns, bear spray, and edged weapons are very similar.  If the handgun or bear spray is left in a pack, it is much less likely to be used. If the victim is unwilling to practice with their defensive tool so they are reasonably proficient, the result is the same. Extreme accuracy and speed with handguns are seldom necessary. Spray which is not sprayed, or firearms which are not fired, do not reflect on the ability of the device to stop bears.

As the number of documented incidents where pistols were fired as a defense against bears has increased, the entire list became awkward.  This is a link to the last full list of 104 incidents, published on June 21, 2021. One case of the 104 was found to be duplicative and was removed. Included are additional 9 cases where handguns and other lethal instruments were used. They are not included in the handgun statistics. One indeterminate case is recorded in this report, it is a case where both bear spray was sprayed and a handgun fired. It could not be determined if the handgun had an effect.

Here is the link to the first update. The update increased the number of incidents to 123, published on April 11, 2022. 

Here is the link to eleven additional combination cases, bringing the total of handguns and combinations with handguns to 144.

Here is the link to the second update published on November 21, 2023. This update brings to total documented incidents to 145 handgun only incidents, of which three are indeterminate. There are four more combination cases, where handguns and rifles or shotguns are used. The total number of documented bear defense incidents where a handgun was fired increased to 170. 

In this third update in 2024, 19 more handgun only cases are added. One of them is a handgun failure case. The other three handgun failure cases are at this link. The total number of handgun only cases where success or failure is determined, is 162 cases, of which four are failures, for a 98% rate of success. A combination case is included for completeness. The total number of cases is now 190. 

Here are the 20 additional cases in this update, in chronological order.

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..).  

 2  Spring of 1977, Byers Lake Campground milepost 147 of Parks Highway, Alaska, grizzly bear, .357 magnum.  Alaskan Bear Tales, Larry Kanuit, p. 156. 

Lori Meade was camping with her parents. She and her sister were in a tent and her parents were in a camper. Here father's .357 revolver was in the cab of the pickup. A grizzly bear came into camp, knocked over trash cans and swatted the cooler with about 80 lbs of meat in it. The cooler landed a few feet from the tent. Her father tried to scare the bear off, but it calmly continued to eat from the cooler. Her father then accessed his .357 magnum. From Lori: 

"Dad then got his .357 and fired three rounds into the air. The bear dropped the package of sausage and looked at Dad. He shot another round, and the bear reared."

Dad then started shouting: "Don't say anything! Go out the back of the tent, fast! We have a bear!  

"Being awakened at 5:30 a.m. anytime is a shocker, but with gunfire and a bear in camp!"  

"Well, Lynn couldn't get out of her sleeping bag, so she took it with her - hippity hop, hippity hop. Instead of going out the back of the tent, which Lynn had to crawl under, I went out the front. Off to my right, about three feet, was the bear. Boy, did I ever boogie to the pickup!"

"The bear stood their looking at Dad straight in the eyes, not moving. So Dad had one heck of a decision - He knew he only had one round left.  He was close enough he could kill the bear if he got the bear either between the eyes or in the throat. He wasn't that sure of himself so he started walking toward the bear and shot his last shot in the air. Finally the bear lumbered for the trees. He picked up a steak on his way out!"

 Lori's father only had five rounds in his .357 revolver. 

 

3.  October 19-26, 1986 Churchill, Canada .44 Magnum. From PBHIMS incident 41.  Handgun failure.

 Oct 19-26, 1986, PII,t Churchill. Tourists In temporary camp were observed hand feeding bears for several weeks. Sardines and lard had been put in the willows surrounding camp. During the 6 days researchers were in the camp, 9 bears approached. At the sound of movement within the camp, one bear repeatedly charged the structures and pounded the walls. In the 6 days, 7 charges were initiated by 2 bears. The charges appeared to be directed at the people in the camp. One bear almost entered the stationary vehicles. It was deterred with a broom and bear spray in the face. Fours days later and 4 km SW, a bear with a red stain on its forehead, which may have been the bear spray, charged a group of 12 people. The bear ignored both "cracker shells" and shots from a .44 calibre handgun. The people involved were forced to climb a nearby tower or enter an adjacent building. This is probably the first account of bear spray being non-experimentally used under field conditions on a polar bear.

4.  September 6, 1990, .44 magnum, Desert Eagle, 250 gr. Sierra full profile jacketed silhoette bullets; Wrangle-St. Elias National Park and Preserve, Chitina River, Grizzly bear.

Bruce Brown had successfully harvested a brown bear with a bow. Another bear attacked him, his companion fired a shot from a shotgun, but missed. As the bear mauled him, he was able to draw the his Desert Eagle. From Some Bears Kill p. 145.

In that brief moment, Bruce freed his .44 Magnum pistol from its holster. He clicked off the safety and fired when the bear was at arm's reach, hitting the bear in the front leg. He instantly fired a second shot, hitting the bear in the neck and breaking it. As the animal collapsed to the ground, mortally wounded, Bruce shot it once more for good measure, striking the animal in the shoulder area. The entire attack took less than fifteen seconds.  

5.  1993 August 17, Polar Bear Defense in Canada Coberg Island unknown Caliber 

On August 17, 1993, Stephen Smith had crawled into his sleeping bag a little before midnight, exhausted from a long day of research hanging in a harness, high above ground, banding sea birds. Only 15 minutes later, a polar bear emerged from the sea and was attempting to enter the tent. From Up Here magazine Jan/Feb 2013:

Things were shaking, rumbling, vibrating – a space encapsulated, tumbling uncontrollably, like a car rolling off a highway. A roar beyond the edges closing in; unrelenting confusion; craziness. And then the instant where my stifled scream broke free and the dream was gone. Sitting bolt upright in my sleeping bag, gun in my hand, my world was defined by a domed envelope of yellow nylon.

“BEAR!” I bellowed, grabbing the zipper on the doorway. The stillness of that moment was broken by the ripping of the zipper teeth. The tent door fell away, revealing a very black and moist nose, straddled by two wide and startled eyes. In the space of three pulls on the trigger, two things became certain: A bear had died in the High Arctic, and I was fully awake, bent forward in my sleeping bag.

6. 11 September, 1999, Chichagof Island, Ern Hegglun, Keith Coulter, unknown Pistol, Grizzly Bear p. 177-178, Bear Attacks II Myth & Reality

As close as I can recall, it was about 8:40 a.m. when we went through the trees. Keith shouted, "There's a bear," and he was right. She, (big, tawny, beautiful, and really upset with me) was at the full gallop about 35 meters away, with two cubs close behind. I was in front and knew I was going to wear her, so the only option was to choose the place. That was behind a small tree, on a hummock of moss, with my legs presented to the bear. She took the bait, letting Keith get his handgun out. All I can remember is being bit and being lifted/shook twice on the left leg, the bear going away, coming back, Keith shouting and shooting, and then the bear leaving.

Ern spent a few days in the hospital but recovered from the damage to his left leg. The account implies the sow was not hit, but it is not certain. Ern comments include "a shotgun in a pack is no use at all".  The account was written within nine days of the attack.

 

7. 20 September, 2005 Washington State Bear Attack .45 Long Cold Revolver (black bear)

In 2005, Travis Newman was archery hunting in Washington state. He had drawn an archery elk tag for the Blue Mountains near Walla Walla. Late in the evening of the 20th of September, he was on a familiar elk trail. As he approached a corner, he thought: “I don’t remember seeing that stump before.”  The “stump” was close, about 10 yards.  The “stump” transformed itself into a big bear coming at him full bore, furiously chomping its jaws. Travis thought the bear would bluff, took a step back, and speed drew his Taurus Tracker .45 Colt from a cross-body holster made by Uncle Mike. The revolver was loaded with Remington 250-grain jacketed hollow points.

8. September 28 Greater Yellowstone Ecosystem (GYE) Rose Cr, GNF  Table 11 IGBST grizzly bear mortalities 2005.

Human-caused, hunting related, self defense. Bow hunter shot at charging female with pistol. Small amount of blood found. Female was accompanied by 1 yearling.

Human injuries are generally listed in these tables.  

From previous paragraph: 

In addition, we documented 2 possible mortalities during 2005 (Table 11). Both of these instances were hunting related. One involved a conflict at a hunter-killed deer that was left unattended over night. Human injuries were incurred and shots were fired at the bear, but no evidence of wounding of the bear was found. The second possible mortality involved a female with a yearling that was shot at when she charged a bow hunter. This females (sic) was wounded, but evidence at the site indicted the wound was minor. She was observed moving away from the encounter with her yearling.

9.   September 19, 2008  Castle Creek SNF  GYE p. 24 Table 13 Continued IGBST Grizzly mortality table.

This is an incident similar to the one in 2005, which occurred three years later, at a different location, with a different number of bears involved.  Two bears were shot at with a pistol, as described below, in the same incident.

Human-caused, hunting related, female with 2-3 yearlings charged archery hunters calling elk, 1 pistol shot at female at close range, small blood trail for short distance, no carcass found.

Human-caused, hunting related, yearling with mother and 1–2 siblings charged archery hunters calling elk, 2 shots at yearling at close range, small blood trail for short distance, no carcass found. 

10.  March 24, 2013, Svalbard Spitsbergen,hytte at Hornsund, Polar bear

Lyssand said the man and woman in their 40s were staying at the hytte at Hornsund on Svalbard’s island of Spitsbergen when the bear tried to break in through a window. Like most people on Svalbard, they were armed, and the couple told officials that the bear was halfway through the window when one of them inside finally felt compelled to grab their revolver and fire one shot into the eye of the bear, killing it.

Polar bears are a strictly protected species and this one was the first to be shot on Svalbard in nearly two years. Shooting is only allowed in self-defense and the drama on Sunday will be investigated, but Lars Erik Alfheim of the local sheriff’s office told website Aftenposten.no that there were no signs to suggest Sunday’s incident was not a case of self-defense. 

This case was not included in Norway data in the PBHIMS database.

11. September 20, 2020, Wrangell-St. Elias National Park & Preserve, AK,  Pistol defense. 

 Park spokesperson Janice Maslan says the hunters had killed a moose Saturday, and were butchering and packing the meat out to camp Sunday, when they split up.

“The partner returned to camp with a load while Pfeiffer prepared the next load, and when Pfeiffer’s partner returned to within about 50 yards of the harvest site, he was charged by a bear. And in self-defense, he did shoot in the direction of the bear several times with his sidearm, and when the bear came within about 20 feet of him, it did flinch as if shot and it then veered and ran off,” said Maslan.

Maslan says the partner went to the moose kill site and found Pfeiffer dead from what appeared to have been a surprise attack.

“There was no evidence that he was carrying a firearm or deterrence with him at the time, so he was unable to defend himself,” she said.

12. 2022 September 27 Bell Flats Alaska .45 Colt from Taurus Judge three hits, killed by neighbor with shotgun

On Sept. 27, 2022, a massive Kodiak bear made a bad decision to break into Aaron Olsen’s house; he lives just five doors down from Heilman in the small Bells Flats community.

 (snip)

Despite Olsen’s immediate decisiveness, he knew he had to take his shot carefully. He had to shoot around the corner of a bedroom where his two youngest children were sleeping. 

As he pulled the trigger to send a .45 Colt round through the bear’s shoulder, his inner voice reminded him, “Don’t hit the kids.” 

“When I pulled the trigger, I couldn’t see its head. I hope the first shot hit him in the shoulder,” Olsen said. 

Whether from pain or fear, the bear managed to turn its mammoth body around inside the confines of the home’s tiny hallway, likely in an attempt to get back out the way he’d come in. Olsen followed the bear through his house. 

“I was pulling the trigger while shouting ‘Get out of my house!’ along with a lot of logger and fisherman words that I’ve learned over the years,” he said. “There was not an ounce of fear in me in that moment. It was all business. It was just rage, the maddest I have ever been. I could not believe this thing was in my house. I was furious.”

 

13. 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.

 From kktv.com:

“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.

14. August 4, 2023 Luther Montana Handgun   (GYE)

When Bolkcom, a commercial painter and elk hunter, went to investigate and tried to coax the Labrador-pit bull mix downstairs, he found a "black bear standing in the living room five feet away," Oblander said.

 Wearing just a T-shirt and underwear, Bolkcom ran back downstairs, got a handgun and returned to the living room where he shot the bear. It ran into the couple's sunroom, so he shot the bear several more times.

(snip)

Montana Fish, Wildlife and Parks spokesperson Chrissy Webb said that the warden determined the shooting was justified in self-defense. The large beast had snuck through the couple's screened window and made himself comfortable, the warden concluded.

15.  21 August, 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.

 

16. 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. .

 

17. September 6, 2023 Idaho Archery Hunters Grizzly, handguns(GYE)

A large grizzly bear charged at two hunters in thick brush and was shot dead, officials in Idaho said. 

The two were hunting for elk on Sept. 1 when a male grizzly appeared from a close distance and charged at them near Island Park Reservoir, Idaho Fish and Game said. 

They both shot the animal with their handguns, killing it before it injured them, officials said in the Sept. 5 news release

18. Grizzly, Montana, September 8, 2023, pistol fired. Official Montana FWP report (GYE):

BIG SKY – Bear specialists with Montana Fish, Wildlife & Parks have concluded a field investigation into a grizzly bear encounter that injured a man south of Big Sky last week.

The attack happened Friday, Sept. 8, in the Yellow Mule area of the Madison Range. During the encounter, one of the victim’s companions fired a pistol at the bear before the bear left. The victim suffered serious injuries from the bear and was flown to a hospital.

FWP staff flew over the area Saturday to look for a bear that may have been wounded. No bears were found during the aerial search, and no collared bears were nearby.

 

19. Black Bear AK, Blake Getty's hunting camp, 17 September, 2023, personal interview, Combination.

 On September 17, 2023, Blake Gettys had been successful in harvesting a moose for meat. This is a common method of getting a supply of meat for the winter in Alaska. The moose meat had been hung on a meat pole at their hunting camp.  The camp is far from other human habitation. To prevent the meat from being stolen, they had hung bells on it. In the middle of the night, Blake and his hunting partner heard the bells. They stepped outside of the cabin. Black had a S&W Airweight .44 Magnum revolver. His partner had a Remington rifle in .338 Magnum.. A black bear was attempting to steal the meat. This is uncommon, but in this part of Alaska, the bear may not have encountered humans before. It was an average black bear, for the area, about 250 lbs. The bear was facing them. Blake fired a warning shot close to the bears front paws. Instead of running off, the bear took a step forward. Blake signaled his partner who shot and killed the bear with his rifle. This was not the first time they had seen this bear in the area. This incident is not counted in the statistics as the use of a handgun in defense against bears because both a handgun and a rifle were used. Black says he could have killed the bear with his .44 Magnum, but chose not to do so when his partner with the rifle was at hand and ready.

 

20. September 30,  2023 Grizzly Bear, handgun North of Henry's Lake, Idaho (GYE)

On the evening of Sept. 30, a hunter shot and killed a large adult female grizzly bear in self-defense after it charged the man while hunting for elk, northwest of Henrys Lake. 

The hunter was moving through heavy timber when the large grizzly came out of the brush a short distance away from him. After yelling to warn his hunting partner of the bear’s presence, the bear charged directly towards him. The hunter was able to draw his sidearm and fire several times, killing the bear only a short distance away, before it was able to make contact. No human injuries have been reported. 

The hunter immediately called the Citizens Against Poaching hotline to report the incident. Idaho Department of Fish and Game responded to the call and conducted a thorough investigation. It was determined that the hunter acted in self-defense during a surprise encounter with the bear from a very close distance. 

This update brings the total to 161 handgun only incidents not counting the three indeterminate cases. There are over a dozen incidents under investigation.  Four failures out of the 161 incidents calculates to a 98% rate of success.  Total cases where a handgun was fired in defense against a bear or bears is 190. Combinations of lethal instruments are not included in the handgun statistics, because it is impossible separate out the effects.

Calibers used vary from .22 LR to .500 S&W Magnum. The most common caliber used has been the .44 Magnum with 46 incidents. One incident with a .44 Magnum is defined as a failure, although no one was injured and the bear does not appear to have been wounded.  The rate of success for the .44 magnum is 98%.  Caliber specific articles are expected to be published in the future.

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

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TX: Attack Suspect Claims Victim Status, Police Investigate

According to the San Antonio Police Department (SAPD), upon arrival, they were directed to a 55-year-old man who was initially believed to be the victim. He reported that he was approached by a 26-year-old man and another individual, who fired multiple gunshots at him. The 55-year-old man sustained no apparent injuries.

Officers say they located evidence of a crime scene at the location, including spent shell casings. The 26-year-old man and the other individual were arrested a short distance away after being identified by the 55-year-old man.

According to police during the investigation, new evidence came in. It was determined that the 55-year-old man had actually attacked the 26-year-old and another person with a crowbar before the shooting occurred. As a result, the shooting is believed to have been self-defense.

This conclusion was reached after the 55-year-old was initially released under the belief that he was the victim. The firearm used in the incident has been collected as evidence, and both men have been released.

The SAPD is continuing its investigation into this developing case.

More Here

TX: Houston Man Shoots 31-Year-Old who Threatened Him with a Knife

May 10, 2024 - The fatal shooting of a man at 12023 Bissonnet Street about 4:25 a.m. today (May 10) will be referred to a Harris County grand jury.

The identity of the deceased male, 31, is pending verification by the Harris County Institute of Forensic Sciences.  

The male shooter, 67, was not injured in the incident.  

HPD Homicide Division Detectives M. Castillo and K. Hale reported:

HPD patrol officers responded to a shooting call at an apartment complex at the above address and found the male suffering from a gunshot wound. Paramedics pronounced him deceased at the scene.

The first male told investigators the second male was threatening him with a knife and accusing him of stealing from him. Fearing for his life, he shot the second male. The first male attempted to render aid, then called 911 and remained on scene until officers arrived.

The Harris County District Attorney's Office was contacted and it was determined the case would be presented to a Harris County grand jury for review.  

Link Here

Sunday, May 12, 2024

OR: Aggressive Man Shot by Victim

Two private security officers tried convince the man to leave when they say he charged at another man passing by. Authorities say the passerby tried to get away, but the man kept charging at him.

This prompted the passerby to shoot the man, according to police. The security officers then seized the gun and held it for police until they responded to the scene. 

The man who fired the gun was not immediately charged as the firearm was found to be legally possessed and concealed. Authorities say he also remained at the scene and cooperated with officials.


More Here

TX: Houston - Trespass - Confrontation - Shooting; Resident Shoots Intruder

The fatal shooting of a male at 1415 West Gulf Bank Road about 12:30 a.m. today (May 9) will be referred to a Harris County grand jury.  

The identity of the deceased male is pending verification by the Harris County Institute of Forensic Sciences.

The male shooter, 53, was not injured in the incident.

HPD Homicide Division Detectives M. Perez and S. Overstreet reported:

HPD patrol officers responded to a shooting at an apartment complex at the above address and were directed to an unresponsive male near a dumpster across the parking lot from one of the apartment buildings.  Houston Fire Department paramedics responded to the scene and pronounced the male deceased from a gunshot wound(s).

Further investigation determined the tenant was inside his apartment when an unknown male opened the closed apartment door and entered without permission.  The tenant confronted the male, who did not say anything.  When the tenant asked who he was and what he was doing in his apartment, the male walked toward him.  The tenant then physically pushed the male out of his apartment.

Once outside the apartment, the male became physically aggressive and tried to re-enter the apartment a second time.  The tenant, still inside his apartment, feared for his safety, pulled a pistol from his waistband and shot the male at least once.  The male then ran across the parking lot and collapsed in the grass.

The Harris County District Attorney’s Office was contacted and it was determined the case would be presented to a Harris County grand jury for review.


Link Here

Saturday, May 11, 2024

Canada Government Aims to Destroy Browning HiPower pistols


Image courtesey of Rock Island Auction

 

David Pugiliese, reporter on Canadian Forces and military issues, has been following the saga of replacing and destroying the Browning Hi-Power pistols, which have been used by the Canadian military since WWII. Most of the pistols were part of a production run done at the end of the war.  The Canadian military has been working on the project for many years. From David Pugiliese, Ottowa Citizen October 13, 2022:

At this time the Canadian Forces has 11,896 Browning handguns in its inventory, National Defence spokesman Dan Le Bouthillier told this newspaper. Of those, 1,323 are non-functioning.

As the Browning 9mm pistol is currently in use, the details of a disposal plan still have to be worked out, Le Bouthillier explained. “However at this time it is anticipated that given the age and wear of the pistol fleet as well as the fact that the Browning is a restricted firearm and the magazine is a prohibited device, disposal will be through destruction by smelting,” he added.

The magazines of a typical Browning Hi-Power, put into production in 1935, typically hold 13 rounds. They are forbidden in Canada. The highly restrictive Firearms Act of 1995 was passed into law an extreme mass murder in Montreal. A semi-automatic rifle was used to commit the murders. The murder was committed by Gamil Rodrigue Garbi, who changed his name to Marc Lépine because he hated his father.  His father had repeatedly beaten the boy before the family broke up when Gamil was 7. Gamil changed his name to Marc Lépine when he was 13.

Handguns with barrels of less than 105 mm (4 1/8 inches) were banned, as were magazines which held more than 10 rounds. No handgun was used in the mass murder. The barrel length was specifically crafted in the law to ban most handguns. Browning Hi-Powers have a barrel of 4.7 inches, or 119 mm.

On April 24, 2024, David Pugiliese,  Ottowa Citizen, received an email confirming the long held plans:

The Canadian military plans to destroy 11,000 of its Second World War-era pistols by the end of this year.

The move comes as the Canadian Forces confirmed it has received the final deliveries of a new 9-mm pistol as part of a $19.4-million project.

Article content

The military purchased the Sig Sauer P320, which is being distributed to units. It replaces the Browning Hi-Power pistol that has been used by the Canadian Forces for decades.

The Canadian Forces Browning Hi-Power pistols are described, on the net, by Canadian Military veterans as "worn out" "antiquated", heavy, and lacking spare parts. This may be so. But pistols are one of the least fired firearms in any military, given their specialized role. The service life of a Hi-Power should be 30,000 - 50,000 rounds. As these pistols are nearly seventy years old, they would have to have been shot about 500 rounds per year to be worn out.  This is not an unreasonable figure, if ten people were qualified on each pistol each year.  Several veterans said most of the problems they experienced with the pistols were cured when a new magazine was substituted for the old magazine.

There is a market for these historical guns, especially in the United States. It would ordinarily not be too hard for the Canadian government to sell them to an American distributor. However, with the hard commitment of both the Trudeau administration in Canada, and the Biden administration in the United States, to proclaim the ownership of pistols or "weapons of war" by anyone except a government, to be an intrinsic evil, such an eventuality is extremely remote.

The historic pistols will be melted down as a sacrifice to the gods of governmental power.

 

 

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

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TX: Burton Gunfight, Homeowner Wounded, Suspects Sought

Deputies arrived at the home responding to a call of a burglary of a vehicle and were met by the homeowner who had been wounded in his lower body. The homeowner told deputies he was alerted to activity in his driveway. When he exited his home, the suspect started shooting at him, hitting him in his lower body.

The homeowner returned fire and the suspect fled to an awaiting pickup truck parked on Rehburg Road.

More Here

PA: Jewelry Store Owner Shoots 1 of several Suspects

The jewelry store owner interrupted the heist as the suspects were already in the store, police said.

The thieves, smashed through several walls and a bathroom on their way to the jewelry store.

Power was cut to at least one business and that may have triggered a response from the store owner, sources said. The jewelry store owner found the suspects at work and struggle ensued during which the shooting took place.

 

More Here

CA: Nguyen v Bonta Stay issued at Ninth Circuit April 24, 2024


On March 11, 2024, Judge William Q. Hayes of the United States District Court, Southern District of California, granted a summary judgement in the case of Nguyen V. Bonta. The case is a challenge to California's one gun a month law. Judge Hayes ruled the law violated the text of the Second Amendment and there were no reasonable analogies in the relevant legal history of the United States.

Judge Hayes granted one month for an appeal to be filed to the Court of Appeals for the Ninth Circuit. The case was sent to a three judge panel of the Ninth Circuit. The administrative panel consists of judges Bennett, R. Nelson, and Miller. All three judges were appointed by President Trump.

On April 24, 2024, the panel granted a stay of Judge Hayes summary judgement to the state of California. Judge Nelson dissented.  Here is Judge Nelson's dissent.  From Nguyen v Bonta Courtlister:

I agree to expedite this appeal. I would deny the stay pending appeal because Defendants are not likely to prevail on the merits. “[W]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 579 U.S. 1, 17(2022). As the district court properly concluded, the right to buy a firearm is covered by the plain text of the Second Amendment. Moreover, under Bruen, no historical analogue permits California’s regulation. California points mainly to historical regulations of the sale, storage and transport of gun powder—the same analogues California cites to support almost all of its onerous gun restrictions. As the district court properly found, these are not sufficiently close analogues under Bruen. And the district court did not abuse its discretion in finding that the equitable factors do not warrant an injunction where Plaintiffs’ Second Amendment rights are violated. I respectfully dissent.

A different three judge panel will hear the merits of the case. It is not known who will be on the three judge merits panel. The merits panel may or may not extend the stay placed on the case by the administrative panel. The Ninth Circuit has not been friendly to Second Amendment cases. Rulings by three judge panels on the Ninth Circuit, favorable to the Second Amendment as a fundamental right, have all been taken up en banc by the entire court and reversed. As President Trump was able to appoint several judges to the Ninth Circuit, the circuit is not as far left as it used to be. Judge Bumatay went so far as to point out the extreme bias in 2023. From a previous AmmoLand article, Judge Bumatay, dissenting:

 

If the protection of the people’s fundamental rights wasn’t such a serious matter, our court’s attitude toward the Second Amendment would be laughably absurd. For years, this court has shot down every Second Amendment challenge to a state regulation of firearms—effectively granting a blank check for governments to restrict firearms in any way they pleased. We got here by concocting a two-part tiers-of-scrutiny test, which permitted judges to interest-balance away the Second Amendment guarantee. But this approach was “nothing more than a judicial sleight-of-hand, . . .feign[ing] respect to the right to keep and bear arms” but never enforcing its protection. 1087, 1147 (9th Cir. 2021) (en banc) (Bumatay, J., dissenting).

Judge Bumatay's dissent runs for thirty pages. It shows the blatant disregard of a Ninth Circuit majority of judges who wish to impost their policy on the Supreme Court.

Analysis:

This case should be a slam dunk, but at the Ninth Circuit, the Second Amendment is not given as much attention as a bastard child, let alone a fundamental member of the Bill of Rights. The circuits who are defying the Supreme Court are playing a dangerous waiting game. If they can just wait until a conservative justice dies, or a leftist congress packs the court, or President Biden declares martial law.... or something, anything, to remove the possibility of the Second Amendment being given the respect it so legally deserves. Many of the judges on the Ninth Circuit hold the ability to disarm people they disagree with close to their hearts. They are dictators in black robes.


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

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TX: Tenant Shoots Suspect who Pulled Gun

The investigation revealed that the deceased had knocked on the door of an apartment and, after several minutes, the tenant opened the door. The tenant informed the man that he was at the wrong apartment, at which point the man pulled out a gun. Fearing for his own safety and that of a witness, the tenant, who was also armed, fired his weapon multiple times at the man.

More Here

Il: Chicago Woman Shoots Teen Suspect who was Breaking into her Car

CHICAGO (CBS) -- Two teens are facing felony charges after police said a woman shot one of them while they were trying to steal her car Tuesday morning in the South Chicago neighborhood.

Police said around 7:50 a.m. Tuesday, a woman saw a 13-year-old girl and a 14-year-old boy trying to steal her Kia SUV in the 8200 block of South Commercial Avenue.

The woman shot the girl in the right shoulder, and the girl was taken to Comer Children's Hospital, where her condition was stabilized.

 

More Here

Thursday, May 09, 2024

Hans Teeuwen "pistol" was an air gun, as expected by AmmoLand





Link to video of arrival of the police and the original comedy skit.

On March 12, 2024, Dutch absurdist comedian Hans Teeuwen posted a video mocking the mayor of Amsterdam, Femke Halsema.  As part of the video, a vaguely pistol looking object was on a table, at the edge of the screen, next to him.

Three hours later, the police were at his door. The came in and confiscated the object, which was still on the table. AmmoLand covered the story. In the AmmoLand article, this correspondent noted the object was most likely a Webley air pistol.

Image of a Webley air pistol from the author's collection. Notice the rear sight on the object close to Teeuwen. The rear sight is distinctive.

Coverage of the incident continues in the Netherlands. Nos.nl confirms the object was an air pistol. From nos.nl as translated by deepl.com:

Amsterdam police stopped by the home of comedian Hans Teeuwen to take an air pistol. Teeuwen had used the weapon for a persiflage (bantering) film of Amsterdam mayor Femke Halsema. The air pistol, which bears resemblance to a real gun, appears to be a reference to the firearms affair involving her ex-husband Robert Oey and their son.

Air pistols are legal and for sale in the Netherlands.It appears a person has to be 18 years old to purchase one. Replicas of real firearms are much more highly regulated. Some of the air pistols for sale in shops in the Netherlands appear to look more like an actual firearm than the old Webley design.  It may take a court case to determine if the old Webley design too closely resembles an actual firearm to be legal in the Netherlands. Hans Teeuwen indicated he did not expect the case to drag out over a long period. From nos.nl:

According to him, it was an old gun, which he says he doesn't even remember how it works. "So this was a parody of the case about banned gun ownership that was going on around the mayor, and two hours later the police are on the sidewalk. That's incredibly stupid. Especially after Sunday," said Teeuwen, referring to the opening of the Holocaust Museum in Amsterdam, which was partially disrupted by shouting and yelling protesters. Halsema received both criticism and acclaim after that demonstration.

This correspondent is not certain the case will be handled quickly in favor of Teeuwen. Weapons bans tend to become stricter and stricter over time. It seems governments who ban the common ownership of weapons by their subjects often do not like for them to think positively about weapons ownership.  Consider the mindset of government officials who believe the mere ownership of something that looks like a gun should be forbidden, or at least, very highly regulated.

This is not about control of weapons. It is about control of thoughts. Good luck to Hans Teeuwen on his upcoming court case.  Perhaps the judge will throw it out, based on a simple reading of the law.

A message has been sent. Mock the Mayor, and police may show up on your doorstep in a few hours.

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

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MO: Gunfight, Teens and Security Guard

BERKELEY, Mo. – One teen is injured and in custody after a group fired at a QuikTrip security guard early Monday morning, according to police.

Around 5 a.m., a group of teens inside a vehicle shot at a security guard at the Berkeley QuikTrip in the 6800 block of N. Hanley Rd.

The guard was not hit and returned fire, wounding one of the teens in the hand. That teen is now in custody.

More Here

Review: A Device for Refilling Practice Bear Spray (How to)

Image of grizzly bear  by Troy Nemitz, used with permission.

In 2014, John Gookin, Tom Smith, and Alison Williams published a paper in Human-Wildlife Interactions titled:  A Device for Refilling Practice Bear Spray Canisters. The paper shows how to build and use the device.

This correspondent has long maintained bear spray has a valid place as a means of protection against bears. Bear spray does not appear to be as effective in stopping bear attacks as handguns. This does not mean it is not useful. Bear spray can work effectively as a device to haze bears which are merely curious. Bear spray is generally a better deterrent than shouting or arm waving. There are a significant number of places where bear spray can be carried and firearms are forbidden by restrictive government edicts, such as in Canadian national parks. Even in wilderness outside of Canadian national parks, a permit to carry a handgun for defense of self and others is extremely restricted and difficult to obtain. Obtaining permission to possess long guns is not as restricted, but still requires much more paperwork and effort than bear spray. A significant number of people are not comfortable with firearms and are not willing to expend the time and resources to become competent with them.

One of the major disadvantages of bear spray is the expense of practicing with the product.   A simple can of bear spray costs $40 to $60, as checked online.  Inert training cans run about $20. Practice with actual bear spray is not advisable, as inadvertent contact with the spray produces unpleasant results.

About a decade ago, John Gookin invented a device to refill practice cans so that practice could become cheap and easy. He coordinated with graduate student Alison Williams and bear biologist Tom Smith to publish a paper entitled: A Device for refilling practice bear spray. The paper is online. From the paper:

This device for refilling inert bear-spray canisters can be readily built for >$40 with materials from a local hardware store. It will allow users to refill practice canisters hundreds of times, thus, saving money that can be used for other wildlife management needs. Using materials listed here, the device can be constructed in <1 hour. Refilling a spent canister can be done in <1 minute.

It is as necessary to practice with bear spray as with any defensive system. Bear spray, for many reasons, is not as intuitive as using a handgun. With 150 years of cartridge handgun evolution, and literally life and death incentives for improvement, handgun safeties, holsters, grips and sighting systems have been optimized for fast, sure and accurate presentation and use from a holster.

This is not the case with bear spray. More training in accessing spray cannisters, releasing/removing the safety, and aiming the spray, is necessary. Failure to effectively draw, remove the safety, and deploy bear spray can have dire consequences. T.J. Langley was severely mauled in Yellowstone Park, in part because he could not get the safety off.

Caught in the vise of a female grizzly in Yellowstone National Park last month, Langley, of Seattle, assumed he was going to die.

His fingers had found the can of pepper spray held snug in his chest harness, but he couldn't get the safety off before the bear charged.

I congratulate John Gookin for inventing a system to allow economic practice in drawing, removing the safety, aiming, and activating bear spray canisters.  Tom Smith and Alison Williams deserve considerable credit for their part in writing and publishing the paper on how to make and use the device.

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

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Wednesday, May 08, 2024

OK: Man Shoots Burglary Suspect

TULSA, Okla. — Tulsa Police said a burglary suspect is in the hospital after being shot at an apartment complex on Monday.

Police said officers responded to a caller who said he’d shot someone he caught stealing at the apartment complex around 3:30 a.m. on Monday. The caller said he grabbed the suspect trying to break into his storage shed and chased him away and that he also saw him checking car door handles.

Police said there was a verbal altercation in the field next to the apartment complex before the caller shot the suspect in the left buttock.

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