Category Archives: deadly force

The Woman’s Gun Pamphlet

The Woman’s Gun Pamphlet came up in conversation during The Mingle yesterday. Since the original source is no more, I’m republishing this post for interested parties.

tacticalprofessor

Through an oblique reference, I recently found a link to The Woman’s Gun Pamphlet.Edit: The link and the server appear to be gone. A PDF of the Pamphlet is available at the edit of this post.

WGP picture

It’s a very interesting publication that was written and published by a colloquium of radical feminists in 1975. The intent was to provide information about both guns themselves and about personal protection attitudes to women of that era who knew nothing about guns or personal protection. As such, I consider it an historically significant document. There’s quite a bit of political rhetoric in it but also a goodly amount of information. Even dry practice is touched on. Some morsels of dry wit are quite entertaining.

toc edit

Especially interesting to me is that it was written from the perspective of self-taught women of the time with some input from men and by doing primary…

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The OODA Loop and Negative Outcomes – Part I

Proverbs 26:17 English Standard Version (ESV)

Whoever meddles in a quarrel not his own is like one who takes a passing dog by the ears.

In rejecting the Lansdale man’s appeal, a judge wrote Storms thinks he is ‘some type of hero that injects himself into certain situations.’

Our Decisions usually determine our Outcomes as I’ve mentioned in a previous post. Many, if not most, of our decisions are made ahead of time. When we make the same decision repeatedly over time, that is obviously the case. If we have made bad decisions ahead of time, the likelihood we WON’T select that decision from our list of options is minuscule.

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The Medina, North Dakota Shootout

Thirty-five years ago today, on February 13, 1983, a violent gunbattle took place in Medina, North Dakota. Although less well known than the Miami Massacre in 1986, it was every bit as bloody and violent. Something it had in common with the Miami Massacre was preparation for conflict and the decisiveness of long guns at pistol ranges.

On one side was a task force of US Marshals and local law enforcement officers. On the other side were members of a local Posse Comitatus group. Casualties were high on both sides. Four months later, a second related encounter, hundreds of miles away, brought more loss of life.

The Prelude

Gordon Kahl was a Midwestern farmer and Federal tax resister. He was a member of a loosely knit organization called the Posse Comitatus. The Posse recognizes no authority above the county level and held many hateful beliefs. He had been imprisoned for Federal tax evasion but had been released on probation. However, he failed to report to his Probation Officer and a Federal warrant for his arrest was issued.

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Lessons from an Armed Robbery

Barry Fixler, former Marine and Viet Nam veteran, owns a jewelry store in New York State. On Valentine’s Day 2005, a couple of criminals decided to relieve him of his merchandise. It didn’t turn out the way they planned. We are fortunate that much of the incident was captured on video. There are numerous lessons we can draw from the incident. Let me preface all my commentary by saying that I greatly admire Mr. Fixler’s courage and how he handled the situation.

Bottom Line Up Front: Good Guy 1, Bad Guys 0; that’s clearly a commendable victory.

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Why think ahead and why practice?

Today’s news contains an article with several lessons in it for the Armed Private Citizen.

Police: Man outside Walmart shot [his gun] in self-defense

The lessons cut across an array of topics relevant to Personal Protection. Let’s use the CAN/MAY/SHOULD/MUST paradigm as a basis for the discussion.

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Scientific Theory v. Legal Theory

The formal scientific definition of theory is quite different from the everyday meaning of the word. [Scientific theory] refers to a comprehensive explanation of some aspect of nature that is supported by a vast body of evidence.

For example, the theory of plate tectonics is a scientific theory. There is ample evidence, which is indisputable, that the surface of the Earth is divided into solid plates that have moved over geological timescales.

Scientific theory is much different than legal theory but those who casually study personal protection often confuse the two. “Legal theory refers to the principle under which a litigant proceeds, or on which a litigant bases its claims or defenses in a case.” Legal theory is much closer to being a hypothesis, in the scientific sense. In some ways, legal theories are not even hypotheses but are, in fact, merely speculation by an attorney.

We ignore this distinction at our peril. A recent court decision in Pennsylvania provides good examples of why. Among those with a casual knowledge of personal protection concepts, the phrase ‘disparity of force’ is parroted as an almost ironclad defense if a much larger person has been shot. However, ‘disparity of force’ is merely a legal theory that one’s defense attorney can raise at trial. While the defense might be bolstered in this effort by expert witnesses, the shooter cannot take it for granted this theory will have any effect on the outcome.

australianparrots-cropSimilarly, the concept of ‘shoot him to the ground’ is often blathered on about. This idea is rooted in the notion that ‘if the first shot was justified, the rest won’t matter.’ As can be seen in the Pennsylvania case, courts may find this idea unconvincing.

The Kimball case in Maine gives another example of how these two often regurgitated legal theories failed to sway either the jury or the court. “Kimball’s attorneys argue Cole made a mistake by not instructing the jury that it could find that Kimball had been adequately provoked by Kelley, who was 6-foot-4 and 285 pounds, after being repeatedly struck as he retreated away from Kelley.” The Maine Supreme Judicial Court found this argument unconvincing and rejected it. Merrill Kimball, 74 years old, will spend the rest of his life in prison, an unpleasant prospect. The fact he fired three shots rather than just one was raised at trial by the judge.

There are other legal theories I periodically hear that, while they sound good, similarly cannot be counted on to prevail in a courtroom. We need to be cautious about using potential legal theories an attorney could raise in our defense when formulating the doctrine we will use for our decision-making.

The law is not logical and does not necessarily ‘make sense’ to the uneducated. We are best served by being knowledgeable, rather than speculating, about what it is or assuming what we think it should be. The one assumption we can make is that nearly everything we read on the Internet about the law is wrong.

chinese whispers

For those who carry weapons of any kind, including personal weapons (hands, feet, etc. as the FBI defines them), obtaining some real legal training is well worthwhile. Law Of Self Defense, Massad Ayoob Group, the Armed Citizens’ Legal Defense Network, and other organizations provide information, not speculation, about what we can and cannot do in our defense and the defense of our loved ones. The cost is about equal to one hour of a criminal defense attorney’s time; that’s a good tradeoff.

Note: I am not a lawyer and by no means am I giving legal advice. I am merely pointing out fallacies in thinking that I often observe.

Fair disclaimer: I have taken training from Law Of Self Defense, Massad Ayoob Group, and am a local affiliate trainer for the Armed Citizen Legal Defense Network.

Spot shooting (Part II)

Yesterday, I was re-reading The Complete Book of Modern Handgunning published in 1961. It’s interesting to see how much has changed in the world of handgun shooting and how much has not.

The following gem is found in Chapter 11. How to Shoot

practical spot shooting from handgunning

It brought to mind an unintentional laboratory experiment that happened while I was teaching a snub revolver class. In 2012,  I taught a short block of instruction on snub nose revolvers at the Northeast Shooters Summit, just as I did in 2011. The same block of instruction was given both Saturday and Sunday to two different groups of shooters totaling about 40. Many of these shooters had almost no experience using any revolver, much less a snub. They fired approximately 40 rounds in two hours of training, followed by a 10 round qualification course at 5 and 10 yards. The way the training was structured was shooting on dot targets until the qualification course. I emphasized the concept of spot shooting that I discussed in my previous blog post.

The target used for the qual was the TQ-21TC(C) target photo target. The value of this particular target is that it has a visible aiming point at the base of the V formed by the open throat of the jacket collar.

TQ-21TC-C-Paper_Target

In both years the success rate on the qualification, using that target, was 100 percent. This mirrored my results when teaching other snub revolver classes. On Sunday of 2012, there was a target mixup and my targets were used for a class before mine. The target available for my class was the DST-1A, which has no visible aiming point on it. It is an almost solid black silhouette with a head.

dst-1a

The difference in the students’ success rate from previous classes was stark. Approximately 50 percent of the students failed the qualification course when it was fired on the DST-1A. Their shots were all over the targets with many complete misses. The change from defined point of aim to ‘center of mass’ aiming altered the outcome of the test radically. This occurred despite them being told to try to visualize a spot to shoot at.

As I mentioned in my previous post about Spot Shooting, using blank targets is a poor way to teach people how to shoot. Sadly, the blank target concept has become the norm. Conversely, it is interesting to note that since the Bianchi Cup (NRA Action Pistol)  switched to the AP-1 target, which has a defined aiming point, from the D-1, which doesn’t, records have been broken every year.

The ubiquitous original B-27 target at least has an X to aim at, even if it is anatomically misplaced. Something to think about in training, practice, and actual incidents is to pick an aiming point or “Mark your targets before you fire.” as Colour Sergeant Bourne put it.

sccy lapd marked

Podcast about Standards

“If you don’t know where you’re starting from and you don’t know where you’re going then any route will get you there, but that doesn’t mean you’ll end up in the place you want to be.”

–The Tactical Professor

John Johnston and I discuss standards on his latest Ballistic Radio show and podcast.

Whose Standards? (Podcast – Season 5, Ballistic Radio Episode 207, May 7th, 2017)

  • what a standard is
  • the different kinds of standards we have in:
    • mindset,
    • gun handling and,
    • performance with firearms
  • the difference between training and education
  • the importance of the firearms community and its educational efforts
  • the difference between Personal Protection and Self Defense
  • where to start in your own progression of standards.

 

Revolvers will get you killed – Or will they?

Sheriff Jim Wilson posted an article on the NRA’s Shooting Illustrated website recently that has generated some controversy.

Pros and Cons of Concealed-Carry Revolvers

In particular, one of his statements wasn’t particularly palatable to many folks.

Frankly, while magazine capacity might be an issue for members of law enforcement, it is not much of one for the legally armed citizen. Research into actual gunfights involving the armed citizen seldom shows more ammunition is needed beyond what’s in their concealed-carry revolver.

Let’s look at some examples of how he might have arrived at this seemingly outlandish conclusion. At least one source that could be used would be The Armed Citizen (TAC) column of the NRA Journals. The May issue of The American Rifleman was just published.

TAC_ar_201705

One of the criticisms I often hear about The Armed Citizen column is that it may not reflect the reality of armed encounters. In other words, Citizens may get into troubling situations that reading The Armed Citizen doesn’t give a sense of. This is absolutely true but not in the sense that those who criticize it think. Years of research shows that those troubling situations, Negative Outcomes, actually involve shooting yourself, shooting someone you didn’t want to, either intentionally or unintentionally, or other problems that have nothing to do with either the capacity or caliber of the gun. In fact, such problems are usually the result of what Infantrymen jokingly refer to as ‘headspace and timing’ issues, not gun issues.

Here’s how TAC broke out for May. Before getting into issues such as capacity and caliber, it’s useful to see what tasks were involved.

The Armed Citizen task list May 2017 Skill uses
Number of incidents 7
Shoot with handgun 6 86%
Retrieve from Storage (handgun) 3 43%
Engage multiple adversaries 3 43%
Challenge (verbalize) from ready 3 43%
Move safely from place to place at ready 2 29%
Draw to Challenge (verbalize) 2 29%
Shoot with non-threats downrange 2 29%
Intervene in another’s situation 2 29%
Engage from ready (handgun) 2 29%
Draw to shoot (seated in auto) 2 29%
Shoot in midst of others 2 29%
Fire warning shot(s) 1 14%
Challenge (verbalize) with non-threats downrange 1 14%
Hold at gunpoint until police arrive 1 14%
Counter gun grab attempt 1 14%

Now that we have some idea of what we might need to do, let’s take a look at what we might need to carry out the tasks.

Number of Shots Fired
Average 1.43
Median 2.00
Mode 2.00
Max 2.00

Doesn’t look like a lot of ammo was required, does it? Looking at the circumstances of the individual incidents is also interesting.

The California arson attempt involved two warning shots. The homeowner chose not to shoot the would-be arsonist but rather to fire warning shots and hold him at gunpoint for the POlice. Holding someone at gunpoint is a skill not too many people practice.

Skills involved:

  • Retrieve from Storage (handgun)
  • Move safely from place to place at ready
  • Challenge (verbalize) from ready
  • Engage from ready (handgun)
  • Shoot with handgun
  • Fire warning shot(s)
  • Hold at gunpoint until police arrive

Adversaries: 1

Shots fired: 2

In the Indiana incident, a woman saw a sworn Conservation Officer struggling with an individual he was trying to take into custody. After retrieving her handgun, she came to assist. She then fired one shot, most likely at close range, at the man while the struggle was going on. He was hit in the torso, ceased struggling, and later expired.

Skills involved:

  • Decide to Intervene in another’s situation
  • Retrieve from Storage (handgun)
  • Move safely from place to place at ready
  • Shoot with handgun
  • Shoot with non-threats downrange

Adversaries: 1

Shots fired: 1

The Ill-Annoy incident has several interesting aspects to it. The Armed Citizen was seated in his car with a friend. When they were accosted by two criminals, he drew his handgun and shot one in the face, killing him. This caused the second criminal to become alarmed because he realized he was late for another appointment. As he turned to leave, he ran into the second bullet fired by the Citizen. This caused him to forget about the other appointment. He was transported to the hospital and was subsequently charged with Felony Murder because of his friend got shot in the face while committing a crime.

Skills involved:

  • Draw to shoot (seated in auto)
  • Shoot in midst of others
  • Shoot (someone in the face) with handgun
  • Engage multiple adversaries

Adversaries: 2

Shots fired: 2

Fortunately, the State’s Attorney for the County chose not to charge the Citizen with violating Ill-Annoy’s law about Concealed Carry. There is no reciprocity with other States and the Citizen’s permit is from Missouri.

Intervention was the cause of the Michigan happening. A woman was being beaten in a store by a former domestic partner of hers. Another customer intervened in the situation, first by challenging the maniac and then shooting him twice when the maniac tried to grab the Citizen’s gun. The maniac got the message and was subsequently hospitalized in critical condition.

Skills involved:

  • Decide to Intervene in another’s situation
  • Draw to Challenge (verbalize)
  • Challenge (verbalize) from ready
  • Challenge (verbalize) with non-threats downrange
  • Counter gun grab attempt
  • Engage from ready (handgun)
  • Shoot with handgun
  • Shoot with non-threats downrange
  • Shoot in midst of others

Adversaries: 1

Shots fired: 2

A revolver was used in the Georgia episode. A store manager was attacked by two criminals in the parking lot of his store after closing. Although the criminals got one gun from his car, he had another stashed and managed to shoot one of them once. The shooting jogged both criminals’ memories about other engagements they were late for. The County Sheriff’s Deputies subsequently assisted the men with an appointment to remain in the jail. Because the manager’s pistols were being held as evidence, a local gun shop gave him a new S&W .38 Special as a replacement.

Skills involved:

  • Draw to shoot (seated in auto)
  • Shoot with handgun
  • Engage multiple adversaries (sort of, since one was already running away)

Adversaries:  2

Shots fired:  1

No shots were fired in the New York incident. A woman pulled an ice pick on a taxi driver in lieu of paying her fare. The taxi driver drew his pistol and warned her not to approach him. She decided that was a good idea and was subsequently taken into custody by the POlice.

Skills involved:

  • Draw to Challenge (verbalize)
  • Challenge (verbalize) from ready

Adversaries:  1

Shots fired:  0

A storekeeper in Washington became alarmed when he saw two men enter his store with bandanas over their faces and pistols in hand. He declined to make a cash donation to their cause and pulled out a .40 S&W instead. Two shots were sent in their direction, which caused them to remember being late for another appointment.

Skills involved:

  • Retrieve from Storage (handgun)
  • Shoot with handgun
  • Engage multiple adversaries (or fire in their general direction, anyway)

Adversaries:  2

Shots fired:  2

Notice how many non-shooting tasks were involved in relation to the shooting tasks.

  • Decide to Intervene in another’s situation
  • Retrieve from Storage (handgun)
  • Move safely from place to place at ready
  • Challenge (verbalize) from ready
  • Draw to Challenge (verbalize)
  • Challenge (verbalize) with non-threats downrange
  • Counter gun grab attempt
  • Hold at gunpoint until police arrive

From the technical standpoint, the marksmanship tasks were both simple and low round count. It would seem that all of these incidents were much more intensive on incident management skills and much less intensive on capacity issues.

So maybe carrying a revolver won’t get you killed on the streetz, at least if your headspace and timing are set correctly.

Standards (Part V – Know the Rules)

Deputies: Homeowner arrested after fatally shooting intruder in shower

The man went inside and confronted another man he found in his shower, deputies said. The homeowner left after the two exchanged words.

‘He returned home, retrieved a firearm, came back over to the residence and fired multiple rounds into the shower … killing the intruder,’ said Mason County Sheriff’s Lt. Travis Adams.

The homeowner called 911 and told dispatchers that he had just shot and killed an intruder, Adams said.

It’s not clear how long [the intruder] had been inside the home, but detectives don’t believe the homeowner gave him any warnings before he fired his gun, they said.

Deputies later arrested the homeowner for second-degree murder. They believe he had ample time to call for help when he went back home.

The odds are that the shooter will spend a significant portion of the rest of his life in prison. This is a Negative Outcome. It’s a clear example of how foolish the “I’ll shoot anyone I find in my house” ideology is.

I’ll shoot anyone I find in my house.

Bad idea

When I posted the link to the story on my Facebook page, one person replied that he SHOULD have been allowed to kill the intruder. My response was: “No, adjusting our response to the context of the situation is what keeps us from being savages.” Usually, it makes me cringe when news stories refer to someone being ‘gunned down’ but in this case, I think it would be appropriate. What the shooter did was a savage act of unnecessary lethal violence. It wasn’t motivated by fear for his safety or the safety of his loved ones; rather, it was a senseless expression of emotional outrage. We shoot people only when we have to not because we want to.

Another person commented that it was his property and the intruder had committed the offense of breaking and entering. The question was why wasn’t this a Castle Doctrine case. The Castle Doctrine is not an absolute defense. Reasonableness of your response will almost always be applied as a test of the response’s legality. Gunning someone down while they’re taking a shower isn’t likely to be viewed as ‘reasonable.’ As Massad Ayoob put it in the linked article:

Yes, your home is that castle. However, that doesn’t mean you’re allowed to install an execution chamber.

The number of people who own firearms or other deadly weapons and yet haven’t the slightest clue about the legal ramifications of their use is astounding. Know the Rules needs to be a standard of our conduct just as much as the physical ability to use the weapon. What you might think the rules are or should be is irrelevant. The actual rules are all that are important.

It used to be that reliable information about the legalities of personal protection was hard to come by. Not anymore. There are numerous readily available sources of information about the law. Without leaving the comfort of your home, several good sources are available.

For the lack of reading and understanding a book, the Washington shooter will pay dearly. His legal fees for the trial will most likely cost him everything he owns and he’ll still probably go to prison.

I recently attended the Law Of Self Defense Level I and II classes. They were an excellent legal education resource, tailored specifically to the State I live in, Georgia. The law does not necessarily make sense nor does it have anything to do with what you think it should be. The cost of such training is minor compared to the cost of a trial or even just being arrested on a charge that is later dropped. The optional simulator exercise at the end of the day was also a sobering demonstration of how poorly unpracticed people tend to shoot under stress. LOSD classes are available all over the country and are specifically tailored to the laws of the State they are given in.

LOSD certificates

A benefit of membership in the Armed Citizens’ Legal Defense Network is the training DVDs provided with membership. Once again, you can learn a great deal about the appropriate and inappropriate uses of forces without having to leave your living room.

Don’t guess, don’t listen to the foolishness you read on Internet Forums, and don’t make decisions based on what you think the rules SHOULD be. Invest at least a little of your resources and find out what the rules really are. It’s true that most situations are fairly cut and dried and work out legally for the defender. The issue is that when things go bad, they tend to go really badly. The rest of your life can easily be at stake. Very few of us would look forward to spending decades in the can (prison) without a Man Lock by McGard.

McGard Manhole ad crop

Perhaps the most unintentionally funny advertisement ever.

Also, if you’ve taken a State CCW class, the one hour briefing when your eyes glazed over doesn’t count as any kind of meaningful legal education. Don’t confuse that with education that actually teaches you how to apply the law to your personal situation.

Fair disclaimer: I was a guest of LOSD for the classes and didn’t have to pay for them. However, no promotional consideration for my recommendation was offered nor accepted by me.

Endnote: The intruder in Washington was probably a confused drunk. That’s not going to go over well for the shooter, either.