People labor under the illusion that a two year old can’t pull a trigger. What a toddler does is put the gun on the floor, where the kid spends most of its time. Eventually, the gun ends up with the butt down, the muzzle up, both of the kid’s thumbs on the trigger, with the kid pushing down on the trigger as hard as it can. Any toddler weighs more than the trigger pull so it has the mechanical advantage to press the trigger all the way through, even on a double action revolver.
A head shot is almost the inevitable result. That’s why so many of these are fatalities and not just wounded casualties.
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.
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.
I was recently interviewed on Civilian Carry Radio. It was an interesting discussion.
Muzzle direction is the primary safety. Always has been and always will be.
What’s so sad is how many different recent incidents the search string ‘son accidentally shoots father‘ brings up. Both fathers and sons are on the receiving end.
Firearms are relentlessly unforgiving of the slightest lapse in attention or knowledge of their manuals of arms. The details of this incident aren’t stated but they’re almost irrelevant. Does anyone think that poor boy will ever have a well adjusted life? I doubt it. Who’s fault is that? Certainly not the boy’s.
Just because a person “has been around guns all my life” doesn’t mean they know anything about them. All that frequently parrotted phrase means is that the person has beaten the odds so far. Don’t be ‘that guy.’ It’s not a hair dryer; learn about your firearm(s) and any of the sets of basic safety rules. The number of people who can’t recite, from memory, at least one set of firearms safety rules is astonishing.
There are several sets of safety rules. The NRA Rules are a good start.
ALWAYS Keep The Gun Pointed In A Safe Direction
This is the primary rule of gun safety. Common sense dictates the safest direction, depending on different circumstances.
ALWAYS Keep Your Finger Off The Trigger Until Ready To Shoot
When holding a gun, rest your finger alongside the frame and outside the trigger guard. Until you are actually ready to fire, do not touch the trigger.
ALWAYS Keep The Gun Unloaded Until Ready To Use
If you do not know how to open the action or inspect the chamber(s), leave the gun alone and get help from someone who does.
Let’s be careful out there.
Police responded to the scene and determined that a person who had a valid concealed firearms carry permit was seated in the theater and had accidentally dropped his firearm to the floor and retrieved and re-holstered it.
I have no idea what kind of holster this man had. What is clear is that the holster didn’t perform a primary function, to wit: keeping the gun in place. Who knows, it might even have been the crappy holster that inspired my Scam artists in the firearms community post.
Keep in mind that when carrying a gun in public, eventually you will probably sit down. Make sure your holster doesn’t rely solely on gravity to retain the gun. When you sit or slouch, that’s going to stop working. Either a retention system or being fitted to the specific handgun is important.
When carrying a pistol, the gun and holster form a system. That system has to work in a lot of conditions other than what you will encounter at a gun shop or shooting facility. Have that fundamental reality as part of your purchase decision.
Safariland, Galco, and even Blackhawk make decent holsters. Well, some Blackhawks, anyway; my distaste for the Slurpa is well known. But I’ve never heard of a Slurpa letting the gun fall on the ground in a movie theater, so there’s that. There are numerous smaller manufacturers who make high quality gear, as well. One clue is that if it’s made from nylon fabric, you should probably choose something else.
Having to interact with Law Enforcement because your gun fell on the ground is a Serious Mistake. Don’t scrimp for a few dollars and put yourself in that position.
Please don’t do this. There are a lot of newcomers to the world of weapons carry and there are no shortage of hucksters who are doing their best to take advantage of the newbies.
I’m not going to dignify the ad by posting the link. It’s for a $25 holster that has no value whatsoever, despite being advertised as a $99 value. If you see this foolishness, you know that ad in particular and the company in general are just scams. Don’t patronize them.
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.
Similarly, 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.
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.
In the firearms training industry, butthurt is a common condition. There’s quite a bit of it going around right now. The current crop of butthurt, as usual, revolves around equipment, technique, class organization, and philosophy.
Yesterday, I was able to take Training Day 2 of the Rangemaster Advanced Combative Pistol course. Both Mindset and physical skills are part of the course. This is the third training class I’ve taken in the past two months, in addition to attending the Rangemaster 2017 Tactical Conference. The others were Law of Self Defense and NRA Personal Protection Outside The Home.
One of the things I get the most out of when I attend training classes is the side discussions I have with my colleagues teaching their classes. We’re all willful individuals with strong opinions based on our own experiences. More often than not now, I listen to the other trainer’s opinion without expressing much of my own. This allows me to think about not only how we might differ but also how we might agree.
Upon returning home last night, I reflected about common standards within the firearms training industry. Even those trainers who say they don’t espouse Standards actually do, without realizing it. Standards aren’t necessarily numbers on a piece of paper, they can also be messages that we send to our clients. Sometimes, those messages are even more important than the numbers. One of my Father’s maxims to me when I was a boy was:
Try to get along with everyone, Son, but don’t let anyone hurt you.
That’s a very concise Standard in the form of a message. I’ve followed it ever since.
So, what Standards, in the form of messages, do almost all firearms trainers have in common? The following list occurred to me. There are probably even more. It applies from the most newly Certified NRA Pistol Instructor to those of us who have been teaching for decades.
- Think ahead
- Acknowledge your own value
- Know what you’re doing
- Be a Success
- Avoid Negative Outcomes
- Criminal events start with the intended victim behind the power curve
- Stress inoculation
1) Implicit in the very concept of training is the goal to think ahead. Whether we’re talking about the physical skill of operating a firearm or tactics to avoid becoming a casualty, we want you to think ahead. Trying to learn a skill or tactic in the moment can be a very disconcerting experience. Having operable equipment is also part of thinking ahead. I have twice encountered situations where ladies owned a gun, in one case for years, without having any ammunition. That’s not what I would call thinking ahead.
2) “I could never shoot someone to protect myself.” Every trainer has heard that at some point in their career. The person saying it has not yet “Proclaimed their own Magnificence” as John Farnam puts it. Contrary to the current Politically Correct thinking, everyone does NOT have the same value to society. A Violent Criminal Actor who would callously murder a six year old child strapped in a car seat has no redeeming value to society and never will, period. Nor does someone who would rape two young girls and murder them by burning them alive, after having raped and murdered their mother and beaten their father to a pulp with a baseball bat.
The many many many good people of our society should have no compunction whatsoever about protecting themselves by shooting loathsome criminals of such ilk. We as trainers want our clients to understand that they have a lot of value as human beings and deserve to continue living their lives without being victims of such vicious attacks. Someone once told me I give my clients ‘permission to be rude.’ That’s true of the entire industry.
3) Although we may interpret it in different ways, we all want you to know what you’re doing. Firearms are complex mechanical devices. Some aspects of their operation are either not instinctively obvious or are even designed in a way that requires an explanation or procedure to operate safely. For instance, all firearms are designed so that you can instinctively place your finger on the trigger. Consequently, that’s what people do if they are not trained otherwise.
4) We want you to Succeed. Although our methods may differ radically, I cannot think of a single trainer in the industry who sets out to make sure their students fail. Success breeds confidence. Confidence leads to Proclaiming Your Magnificence. We’re all trying to move our students in that direction.
5) Avoiding Negative Outcomes is a goal of all training. Although I may have coined that particular phrase, it has been the goal of the training industry from the beginning. Trainers don’t want you to shoot yourself, your family members, people around you, and we don’t want you to have to interact with the legal system because you made a mistake. Knowing what you’re doing and knowing the rules goes a very long way to avoiding Negative Outcomes.
And Negative Outcomes don’t just occur in the moment either. Survivor’s guilt can be a terrible thing.
6) Unless you’re an Assassin, all criminal events start with the protagonist behind the power curve. Whether it’s beginning from ‘the Startle Response,’ being on the bottom of ‘Initiative Deficit,’ or simply using a timer or whistle, we want you to understand you’re not going to be the one who starts the action. The criminal is going to do that.
To paraphrase Tom Givens ‘You don’t get to choose when you’re going to have to defend yourself, the criminal does. And they are only going to notify you at the last possible moment.’ A fallacy that many firearms owners fall into is thinking that the sequence of a violent criminal attack is going to parallel the order of shooting at a range where the shooter decides when to pick up the gun and shoot. That’s the opposite of the way it really works.
7) Being victimized may well be the most stressful event of a person’s life. The first time we encounter a stressful situation is always the hardest. Trainers are all trying to provide you with a low level stress vaccine so that you can more easily cope with a real situation if it ever occurs. That’s not to say dealing with it is going to be easy, but it will probably be easier the second time. That’s the best we can do.
We trainers all have Standards, too. They may just look a little different from behind the firing line.
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.
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.
- What Every Gun Owner Needs to Know About Self-Defense Law (free download)
- Deadly Force: Understanding Your Right to Self Defense
- The Law of Self Defense: The Indispensable Guide to the Armed Citizen
- Law Of Self Defense online course
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.
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.
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.
I won’t be wronged, I won’t be insulted, I won’t be laid a hand on. I don’t do these things to other people and I require the same from them.
When discussing Standards, we should keep in mind that Standards come from several sources.
- Ourselves (personal standards)
- Private Sector (social values and employment criteria)
- Public Sector (legal requirements)
Of those, the standards we set for ourselves are the most important. For instance, I don’t drink if I’m driving. I enjoy having a cocktail but I either have one at home or in the company of a designated driver. That’s my personal standard. In most cases, I could probably ‘get away with’ driving home after I’ve had a drink. However, even if I wasn’t close to the legal limit of intoxication, alcohol consumption reduces the margin of safety I consider acceptable for operating a two ton potential manslaughter machine. Not only is my personal safety at stake but the safety of others. It’s the same reason we accept not handling firearms after consuming alcohol as personal and community standards; to maintain an acceptable margin of safety.
What are some other personal standards that might apply to aspects of personal protection and shooting? A few come to mind immediately:
- Know the rules (law) of where we live and places we travel to.
- Shoot only at positively identified threats.
- Shoot only in a manner we can make 100 percent hits on a threat, thus not endangering innocents downrange. Factors affecting this include:
- Personal skill
- Cadence (rate) of fire
- Relationship of the weapon to the eye-target line
My presentation at the Rangemaster Tactical Conference last week was titled Strategies, Tactics, and Options for Personal Protection (STOPP). Since many of us were not from Arkansas, I asked the audience how many of them from out of state had researched the Arkansas statutes about the Use of Force and Deadly Force. Not everyone had. Researching this piece of information took me less than 30 seconds on my phone before I entered the State. Was it a prudent decision to do so? I think so.
Arkansas Code Title 5. Criminal Offenses § 5-2-607. Use of deadly physical force in defense of a person
I’ve harped quite a bit about Identifying Friend or Foe already so, for the moment, Point 2 requires no further elaboration . Please remember that the Flashlight Practice Session of Indoor Range Practice Sessions is available as a free download.
Let’s consider point 3. My colleague Darryl Bolke’s presentation at the Conference included an important tidbit about the rate of shooting. The LAPD SWAT Team, one of the most highly trained and experienced shooting units in the world, practices to shoot at .5 (½) seconds per shot, no faster. They do this regardless of whether they are on the square range, in the shoothouse, or in actual confrontations with criminals. Why? Because that’s the rate they can identify threats and make decisions about using or continuing to use (follow up shots) deadly force.
The Force Science Institute has found that it takes about .3 seconds or more for the ‘stop shooting’ decision. That’s considerably longer than the splits we consider important in the world of competition shooting. There is a tension inherent between those two situations.
We all like to consider ourselves to be responsible gunowners. Is it prudent for us to practice shooting faster than we can guarantee a hit and whether it’s necessary to shoot at all? That’s an open question in my mind. I shot the Match at the Conference very deliberately and relatively slowly. I’m okay with that. All my hits were exactly where I wanted them to be and nowhere else. In the measured environment, that’s now become my personal standard.
Claude, I’m haunted by that last shot because I don’t know where it went.
–A friend who is both an Expert competitive shooter and a practitioner of personal protection.
Going to public sector standards, a fear is periodically raised that the standard will be set too high for gunowners to meet. The State of Illinois was the last State in our Nation to allow concealed carry because its political elite has a pathological fear of firearms (hoplophobia) in the hands of private citizens. Consequently, that State makes an interesting case study regarding Standards for private citizens. Let’s compare the standards Ill-Annoy has established for police officers v. private citizens.
|Strings of fire||12||3|
|Furthest distance||15 yards||10 yards|
|Time Limits||6 – 10 seconds||None|
|Target||8.5″ x 14″ (119 sq. in.)||Entire B-27 (~700 sq. in.)|
|Hit Requirement||23/30 (77%)||21/30 (70%)|
Strings of fire is a useful criterion to include because less skilled shooters tend to ‘walk’ their rounds into the center of the target during a longer string. Having more strings reduces the effectiveness of this technique and makes a given course of fire more difficult for an equal number of rounds fired.
The qualification requirements of some States are so low that a reasonably skilled shooter can literally pass them blindfolded. For instance, the State of Michigan requirement is to hit an 11×25 inch target (three sheets of paper) at four yards with five rounds, two times out of three tries, starting from a ready position. It should be noted that although this seems like a large target, it has roughly the same area as the FBI ‘Q’ target; 281 square inches v. 275 square inches, respectively. The fear of established marksmanship criteria being excessively high seems unfounded in reality.
It should also be noted that reflexively firing a number of rounds can be a legal liability. In the Mike Kimball case in Maine, the first shot was deemed by the medical examiner to be deadly. The two additional rounds fired by Kimball were raised as an issue by the Judge in his trial. Kimball was ultimately convicted of murder and will most likely spend the rest of his life in prison. There were additional factors in his conviction, but the number of shots was definitely a question.
A lawyer friend pointed out recently an aspect of the California jury instructions regarding self-defense cases. The wording can be interpreted to mean that shots fired after the threat has ceased could be viewed as excessive force and no longer reasonable self-defense. Whether we like it or not, the rules are the rules. We need to be cautious about parroting and then internalizing memes such as ‘shoot him to the ground.’
When you start [and continue] shooting at someone, you have to assume you’re going to kill them. That’s why we call it ‘deadly force.’ Doing so needs to be a decision not a reflex.
–The Tactical Professor
Should we settle for having mediocre personal standards and being able to only do the bare minimum? It’s true that ‘getting better is not for everyone.’ Especially if that is the case, having an objective benchmark of how we can and cannot perform is worthwhile information. That’s the main reason there is a benchmark test included in Indoor Range Practice Sessions. link to purchase all 24 Sessions