July 30, 2010

Hello, fellow USCCA Member!

My favorite aspect of Concealed Carry (aside from how many innocent lives it saves!) is the way that it instantly makes someone a responsible citizen.

The media always paints a picture
of how we’ll turn into ‘The Wild West’ the moment concealed carry becomes legal in a new state or city, but it never happens… and out of all the people who I’ve seen decide to begin carrying concealed, every single one of them goes about it in a responsible manner.

It’s like the trust they feel with that handgun on their belt compels them to do things to learn: like joining the USCCA and taking training courses. It’s very remarkable, and it makes me even more proud to be part of this group.

Okay… Let’s get started!

== Survival Update == Are you prepared for your armed neighbors trying to take YOUR food to feed their starving kids? Learn SpecOps secrets to prepare for civil chaos without putting a target on you or your family.

>>Click Here…Before It’s Too Late<<

Red-Dots? On A Carry Pistol? Some Questions and Some Answers.

...The following Q & A is a result of that inquiry and my own brief testing of a Trijicon RMR sight which was provided to me for temporary use by the company..…

by CR Williams

It may seem like a new idea, but it’s not. Red-dot sights, now all but universal on military and law-enforcement rifles, have been small and robust enough to mount on handguns—daily-use fighting guns, mind you, not competition specials—for years, and both operational fighters and those who teach them have been running them for years. Kelly McKann, an instructor who has taught such operators around the world, has had a Dokter sight on his personal handgun since at least 2003. There are law-enforcement and military units who are putting them on duty weapons and using them somewhere right now. Besides that, Fabrique Nationale has this year released a .45 ACP handgun that is set up from the factory for a red-dot to be installed if the owner wishes it.

Credit for the recent jump in interest in the set-up and use of red-dot sights on carry weapons has to go to Gabe Suarez for his recent experiments and development of the practice and technique of integrating the red-dot sight onto a carry pistol and into a holster near you. Reading about his development of the hardware and use of this new-old sighting system led me ask the membership of the USCCA Discussion Forum about what they wanted to know about putting a red-dot sight on a defensive pistol. The following Q & A is a result of that inquiry and my own brief testing of a Trijicon RMR sight which was provided to me for temporary use by the company.

Note that I was only able to test the sight using the rear-sight replacement mount and adapter which allows the RMR to be mounted without milling of the slide. For a far better evaluation of the milled-slide mounting option, refer to Gabe Suarez’ writings on that subject in the WarriorTalk forum and in his newsletters, available from the Suarez International website.

Here are the USCCA member questions (in italics) and my answers:

My first question is how much bulkier it makes the gun. I want to do this with my Sig, but don’t want to mill the slide. I’m very interested at how it conceals.

It’s going to add over an inch in height if you use the dovetail rear sight replacement mount as I did. It will add not much more than 3/4 inch if you have the slide milled for it. This won’t matter when carried in the appendix position, but may be a factor in other locations.

This from Trijicon: "In the future, Trijicon will offer RMR specific mounts that will allow the RMR to sit much lower."

Second question is whether the front site being so low in the optic is a distraction since you’re so used to looking for it.

It’s a training issue that is dealt with pretty quickly. I ran the sight less than an hour and had some issues picking up the dot at first. I was doing much better by the end of the test shooting.

Finally, I’d like to know how much effort it takes to move the optic. I’ve been a little worried about how solid it would be if not milled-just seems like it could be an issue.

The milled slide mounts appear to be very solid and robust. I did not have a milled slide for these tests.

What impact would turning it on have when trying to respond to an aggressor.

The Trijicons are always on. The battery-powered version that I mounted has a battery life of over a year. Most people change the batteries once a year and don’t worry about it otherwise. There are red-dots that have on-off switches that will fit on pistols as the RMRs do. I do not recommend them for duty/carry guns because of the chance that they would be switched off when you needed them not to be.

How easily does the dot come to the eye (or the eye find the dot)? Some of these types of sighting systems are just plain easier to use than others.

Once you get the hang of it it works pretty well. I did not run the sight long enough to get as automatic on it as I do regular sights, but I can see that it won’t take long to make the adjustment.

How easy is it to see in bright light? How easy is it to see in low light (building shadow, hallway, unlit alley)?

No problem picking up the dot on a bright sunlit day, no problem picking up the dot indoors in the dark.

How is the durability, especially for every day carry? Seems like they’d take a beating riding a slide on a semi-auto a lot.

Obviously I couldn’t do destructive testing. But they will work and they will continue to work, as McKann’s Dokter has proven. (Think how many rounds he puts through his pistol in a year.) Suarez has run by now many-many hundreds of rounds through his without ill effect to the sight.

I’m guessing you’re getting both the red LED and the amber Dual
Illuminated. Which do you like better after trying them both?

I only tried the LED version. It’s a bit brighter than the DI model. At this time, I will go with the LED when I’m able to purchase one for personal use.

Do you leave the LED model on at all times and if so, how’s the battery life? I think the Trijicon site says 35,000 hours, is that reasonable? In a defensive situation, I’d hate to have to fumble with it to turn it on.

There’s not a switch; it’s on all the time.

Please note which MOA versions you’re reviewing and if you think the larger/smaller MOA version would be better (in your opinion).

I looked at the 7 MOA LED red dot, 8 MOA Dual-Illuminated. I tried those based on recommendations by others. Consensus is smaller won’t work as well for pistols as it will for rifles. 7-8 MOA seems to work best at this time for most people.

How durable/scratch resistant does the lens seem?

Hard to say, but this is the same sight that is put on rifles and it’s been out a long time. I assume good durability and scratch resistance until proven otherwise.

Does it affect the fit of the gun in your current carry holster or is a new holster needed?

I think it depends on the holster. Some won’t fit a gun with the RMR, some will. Kelly McKann uses an unmodified Comp-Tac holster with his Dokter-mounted gun, if I see it correctly. Others would have to be modified. Dale Fricke makes an AIWB holster specifically for guns with red dots now. Others, I think, will follow on that or modify current models as the idea catches on.

How much does it affect "printing"? Is it any/much more noticeable than without it?

It’s going to depend on where you carry. At 10:30-1:30 approximately, likely not. Other positions, more likely to.

Does it affect your draw?

Unable to check that, but no, it would not have affected the draw. I don’t see how it would do that.

Not sure how many rounds you’ll be able to put through your weapon with them mounted, but do the elevation and windage change after a lot of rounds?

Not many rounds myself, but others have run thousands through. No changes in POA/POI relationship reported.

What exactly is required to mount the Trijicon RMR to the glock? The author (Gabe Suarez) mentions a melted low mount. Not sure what that is. Are any special tools needed? Is this something best done by a gunsmith?

Either a mount that replaces the rear sight, or a milled slide. For the dovetail-sight-mount and adapter, no special tools. For the milled slide, best to have a smith or machinist handle that.

What is the effect of recoil on the sight? Seems to me there would be extreme punishment to the sight.

RMRs and other pistol red-dots have been ‘in the wild’ for some time now. They’ve handled the stresses without problems so far as I know.

I would like to know what the pros and cons of the RMR vs. laser sights such as Crimson Trace Laser Grips.

RMRs:
You can see them in bright sunlight.
You can use them at longer ranges than a laser.
They appear to get ‘on sight’ for you more quickly and naturally than a laser.
They are not as noticeable as a laser to the target. (This could be good or bad, depending.)

Lasers:
Less expensive.
Allows for ‘off-axis’ aiming.
Can be integrated into the gun more easily.
Available for more types and models than the RMR is.

RMR has longer battery life in my opinion, but I don’t know what the usual battery life on a given laser system is, so I may be mistaken on that.

What potential situations would an average CC’er encounter that would necessitate the need the higher supposed accuracy of an RMR?

Longer shots than usual and precision shots at normal defensive ranges, the same as you use the iron sights for, actually. Seems to be easier and quicker getting ‘on’ target than with iron sights, once you get used to it. Close-in and firing fast, you don’t use it, just like you’re unlikely to use the irons you have now.

Will you be using a tall front sight along with the RMR frame for a Ghost Ring sight picture as a BUIS (Back Up Iron Sights) if the RMR fails or will you be using a secondary rear sight?

No, standard front sight and no rear sight (RMR replaces that in the dovetail-mounting). If the dot went away, I’d act like had the big Ghost Ring.

What is the battery life expectancy for the LED sight? Is it always ON?

Something like three years, IIRC. Yes, it’s always on.

What type of battery does it use? How expensive is the battery?

Some type of standard watch battery. Likely can scoop them up for a buck or two apiece max. It’s not a proprietary battery; you can get them anywhere.

Accuracy of 4 MOA vs 8 MOA sight. Ease of use 4 vs 8 MOA?

For pistols, 8 MOA is mo’ bettah’. I did not have a 4 MOA sight for use in this test.

How well does it co-witness with the iron sights?

Dovetail mount, it doesn’t at all. Milled slide mount, you can get what are basically sights for use with silencers that will co-witness.

Comparison between their Dual illumination model vs their LED model?

Same size, 1 MOA difference in dot sizes. DI dot not quite as bright. Given the brief look I had, I prefer the LED model at this time.

What modifications are required to the handgun to be able to install it?

Either an adapter that replaces the rear dovetail mount–not
recommended–or a milled slide that makes it more a part of the gun. Until somebody evaluates the new adapter Trijicon is coming out with, save up for the milled slide if you’re going to do this.

Can the RMR sight be installed on other guns beside Glocks?

Yes. So far, One Source Tactical’s Technical Services Division has completed initial work on integrating the RMR with S&W M&P pistols. They are working on other brands and models as well; inquire there to determine if your weapon is on that list. Also, FN, as noted in the introduction, has one that will be going into the retail stream soon if it’s not already there. Doubtless, other companies are working this up now, but that’s all I’m familiar with at this time.

A final note: If you really mean to try this on a gun that you will depend on to save your life, get your slide milled and have the sight integrated into it. I cannot and will not tell you to trust the rear-sight replacement mount after the testing I did with that.

Many thanks to Trijicon Inc. for use of the RMR in this evaluation.

 

USCCA Toon of the Week

by Chaim’s Cartoons

Officials Tell Citizens to “Arm Up”

Gun Rights Roundup

by Buckeye Firearms Association

What happens when you’re faced with violent crime and the police can’t protect you? Do you cower in fear and hope for the best? Or do you arm yourself and do what you have to do?

Some people think this is a fantasy scenario. After all, we live in America don’t we? Who needs guns? It’s crazy to think that citizens would have to defend themselves today. And an armed population will just create anarchy!

Really? This very scenario is happening right now. Here, in modern America.

In Oakland, CA, the police chief has publicly announced that officers will not respond to a long list of crimes if they have to lay off cops.

In Hudspeth County, TX, Sheriff Arvin West told citizens to arm themselves. In Ashtabula County, OH, Judge Alfred Mackey gave the same advice. Back in April, the judge is quoted as saying, "Be very careful, be vigilant, get in touch with your neighbors, because we’re going to have to look after each other."

Last year, King County, WA, Sheriff Sue Rahr told county residents she would “have a gun” if she was faced with burglary or a home invasion.

Also in King County, Sgt. John Urquhart has said that if his agency can’t get more funds, they will have to eliminate 48 positions from their patrol staff, which would represent a 20 percent reduction. In addition, they will have to cut 16 positions from their regional police force.

Over the years, too many public officials have tried to create a Utopian era by introducing new public programs based on so-called social justice or the latest sociological fad. But in fact, basic public needs, such as safety, have taken a back seat to these do-nothing projects that have squandered tax dollars.

The result is that in many areas, police are overworked and understaffed, and they’re simply not responding to “minor” crimes. This will certainly embolden criminals to up the ante and see what they can get away with. The good news is that perhaps citizens will rediscover the true meaning of self-reliance.

When faced with violent crime, it makes perfect sense to call the police if you have the time. But that is often not the case. And now with budget cutbacks, not only are police likely to show up after the crime has been committed, they’re likely to not show up at all.

Your choice is this situation is simple: submit or fight back.

For those who view this situation as uncivilized, perhaps they should reconsider the meaning of the Second Amendment and the recent rulings that affirm citizens’ right to own a gun. An armed society does not mean a violent society. Quite the opposite. The whole point of bearing arms is to create a greater level of domestic tranquility.

Instead of anarchy, an armed citizenry ensures that no matter what happens to the police and other public servants, we can enjoy a degree of control, order, and civility in our own neighborhoods.

Gun Rights Roundup is a joint venture of Buckeye Firearms Association and USCCA. We will keep fighting until every American enjoys their natural right to carry and self-defense. For more news on pro-gun law, politics, and events, click here to subscribe to Buckeye Firearms Association’s FREE Newsletter

Coming Up On Armed American Radio

The Official Voice of the USCCA

by Mark Walters

This week’s featured guests:

 

I am proud to announce two more affiliate stations joining AAR THIS WEEK.  KTIP 1450 AM in Porterville, CA and KUOA 1290 AM in Siloam Springs, AR. WELCOME to listeners in BOTH areas!!

This week’s lineup is still building but will be absolutely awesome as we continue the march of freedom across America!  Make sure to join me and my special co-host, Rob Pincus of Best Defense, seen every Wednesday on the Outdoor Channel.

Don’t forget to join Armed American Radio on FACEBOOK to keep up with all of the latest, up to the minute information as we talk about freedom. Also, please visit me at http://www.armedamericanradio.org for all of the latest affiliate stations around the nation carrying the broadcast and information on where to listen to the show LIVE every Sunday. For a copy of my book, co-written with Ms. Kathy Jackson, please visit www.lessonsfromarmedamerica.com 

I’ll see YOU on the radio THIS Sunday from 8-11pm ET, 5-8pm PT 

Mark

Quote of the Week

"One bleeding-heart type asked me in a recent interview if I did not agree that ‘violence begets violence.’ I told him that it is my earnest endeavor to see that it does. I would like very much to ensure — and in some cases I have — that any man who offers violence to his fellow citizen begets a whole lot more in return than he can enjoy."

—Jeff Cooper

USCCA Forum Highlights

Every paying website member has complete access to the USCCA forum, which is constantly being accessed by members sharing information, knowledge, insight, and fun. With well over sixty-thousand posts and growing by the hour, this is one heck of a valuable resource!

If you have never logged in but are a member, visit THIS location to watch help videos, including how to find out your username and/or password!

*******************

Tactical Tim’s .45 reviews

Tim recently did a shootout with seven of the small .45s, and sent out an email about the tests.

Part One Here

Part Two Here

His two part review is not an in depth study. As I’m a caliber snob, and prefer the big old .45ACP, his quick shoot and overview is worth a look.

I’m probably biased, in that I’ve been carrying a Kahr PM45 for a few months now, and mostly agree with Tim’s impression of that little shooter. I too found the slide serrations leave a little to be desired, but soaped-up my hands, to simulate blood or sweat, and found I could still get the slide back, so I’m OK with it. I’ve got big hands, so carry it with the extended 6-round magazines. It fits and shoots like a dream. Unlike Tim, I find the factory sights quite suitable. Maybe Tim needs glasses. Just kidding. And, of course, like all of my carry guns, I added a CT laser to the Kahr.

Yes, 18.5 ounces of .45ACP on my person gives me a warm and comfortable feeling. Tim, thanks for the positive reinforcement to my recent choice to purchase the PM45.

*******************

What do you need a gun for?

That quote is one that most of us have heard over and over from friends, family, and coworkers when it may have been discovered that either we carry a gun or that we promote the carrying of firearms."

As it has been said by USCCA about when we hear that quote, "Do you have a powerful and appropriate answer?" You should have a quick answer that will get them to think and not just dismiss your answer, and you should have the facts for an in-depth conversation that may then result.

What do you do when someone asks, What do you need a gun for?

*******************

Open Carry = Amazing

 Hello friends!

 I realize I haven’t posted since we moved. I’ll fill you all in on that later. It’s going great, and I’m loving the new town (Except for all the homeless people. I’m kidding! Well, kind of anyway).

We went out with my close friend and his fiance for a walk last night in the dark, and I decided for the first time ever to open-carry since it is legal here. It was exhilarating! I chose to carry my Glock 26 in my nicest holster which is a Bianchi leather at strong-side 3:30 position.

After walking on a trail for a while, we cut back through and walked through a section of down-town. A cop waited at a crosswalk as we crossed the street, and he never reacted. Later, we had to pick up a third friend from the airport. I was still open-carrying, and when we stopped to eat at about 11:30 pm. Everyone encouraged me to stay open carrying. I did, and it was fantastic. An extremely liberating feeling indeed!

 

Video of the Week

Major Home Security Issue

Can your home locks be bumped? Do you even know what lock bumping is?

Click Here to Watch Video

USCCA Photo of the Week

All Photos of the Week are taken from Mr. Oleg Volk’s
website:
http://www.a-human-right.com/.

It is a fantastic site. Please check it out!

USCCA Self Defense Story

Every day, thousands of Armed Americans use their firearms to preserve human life. Let this section of my newsletter serve as a record of this fact!

July 26, 2010

Colton, California

From: Mercurynews.com

Elderly man shoots, kills burglar in Colton home

A 79-year-old man has shot and killed a burglar climbing into his Southern California home.

Colton police Detective Jack Morenberg said Saturday that Richard Contreras shot and killed 37-year-old Fidel Escanuelas Thursday.

A police news release says Contreras saw a car back into the driveway of his Colton home, heard a noise in a bedroom, found Escanuelas climbing through a window and shot him once in the shoulder with a handgun. Escanuelas died at the scene.

Police say two other men, 24-year-old Trinidad Amador and 25-year-old Albaro Amaya, fled on foot. Amador was quickly caught and arrested on suspicion of burglary and conspiracy, and Amaya was arrested Friday.

Morenberg says he doesn’t anticipate that Contreras will face any charges, but the San Bernardino County District Attorney’s office will decide.

USCCA Q&A

Last Week’s Question: ANSWERED.

I’m new to CCA and own a Taurus Judge and have been looking for a good holster for this weapon I really don’t see a lot being offered. Am I looking in the wrong places?——Cliff

Anonymous:

Regarding the Taurus Judge holster question: I have found that taking the weapon to a gun shop or two and determine what fits it there. It is likely that a holster designed for a different weapon will fit the “Judge.” I had to do this with my Taurus PT840.

Cork:

To any interested in a quality leather holster for your Judge. I purchased one off Ebay. You can see the information below on the sellers Ebay acct name and his personal email address. I contacted him first before posting this information. Dennis Alexander to 84cork@gmail.com 12:22pm Cork Glad you are pleased. As to contact info this is my email address or they can do a seller search for shootist274 on eBay. Thanks for the plug. Dennis For me, this was the answer I was looking for. I could give a review of his work but you have only requested this basic information. If you care for more information you may contact me at: 84Cork@gmail.com I hope this helps - It definitely was a long and difficult search

Fred:

Cliff, I use a local company in Springfield, MO, Gaunt Leather works. I have tried a lot of holsters for my XD45 and finally bought an IWB from them and consider it the best I have ever used. It is easy to draw from but secure in retention. All of his holsters are hand made. They are no more expensive than some of the other holster manufacturers. They are also custom made to the model you request. I highly recommend Gaunt. www.gauntleatherworks.com.

 

Dr. Don (Mt Jackson, Virginia):

Your choice of holster depends largely on what you intend to do with it. For true concealed carry, your choices for the Judge are limited. ProTech offers some shoulder holsters in nylon that will fit the Judge (both vertical and horizontal carry), but not everyone likes a shoulder rig. However, if you simply want a solid OWB belt holster, I like the plain leather holster from the Hunter Company, model number 1170. It is available from Cabela’s (their stock number is XA-228863 (for the 2 1/2″ cylinder, 3″ bbl Judge)for $59.95. It fits up to a 3″ belt, and once broken in, fits very well. It is intended to be more of a field holster than for concealed carry. For the true Judge affictionados on an unlimited budget, you can get an amazing custom-made leather shoulder holster from Frontier Leather Works. They offer a variety of colors and finishes, and will custom-engrave your initials, a logo, or whatever. Can be a bit pricey (up to $300 or so), but I guess you get what you pay for

This week’s question. Have an answer? Use the “Ask Tim” form below to give an answer- I’ll share them here next week!

I have a Ruger LCR as CCW. This makes a great gun for me, easy to conceal and fun to shoot. I have a CT laser on it which also works great. My question is how to carry additional ammo. There is no speed loader for the LCR, that I know of. What methods do other wheel gun owners use to carry ammo? Right now I carry 5 rounds in the coin pocket of my jeans.

Do you have a pressing concern? Use the ‘Ask Tim’ contact form found at this page to let me hear your advice. Just use the graphic below!

July 23, 2010

Hello, fellow USCCA Member.

Just a bit of house-keeping before we get started: There are a lot of people who sent me emails yesterday, very interested in renewing or extending their membership so they wouldn’t miss out on any of the special reports that we’re releasing free to members each month.

There are already eight of them ready for members in our USCCA Member Download Center, and in August I’ll be releasing one called "Legal Defense: After You Defend Your Life, Be Prepared to Defend Your Freedom.

Since you’re a member, you can get all your reports here:
http://www.usconcealedcarry.com/members/1731.cfm

Be sure not to miss out on any of the reports we’ll be coming out with - renew today if your membership expiration date is nearing!

Renew Here: http://www.usconcealedcarry.com/2010renew/

Okay… Let’s get started!

Tactical Tim - The .45 ACP Shootout

by the USCCA

== Survival Update == Are you prepared for your armed neighbors trying to take YOUR food to feed their starving kids? Learn SpecOps secrets to prepare for civil chaos without putting a target on you or your family.

>>Click Here…Before It’s Too Late<<

What Every Gun Owner Needs to Know About Self-Defense Law

...if you intentionally use a gun against another person and that person dies, you have fulfilled the elements of the crime of murder or manslaughter and can be arrested and tried. Only at trial, do you have the opportunity to claim and proffer a defense of self defense.…

by Marty Hayes, J.D.

Part 3

Defending Self Defense

Earlier in this series we discussed circumstances that justify using deadly force in self defense and some of the pitfalls that befall armed citizens who do not have a clear understand of the laws about self defense. This time, we will outline some of the concerns that arise when you need to show a judge and jury that your self-defense actions were justifiable. Let’s start by understanding the crime you could be charged with after using your gun to defend yourself.

The Section 210.1 of the Model Penal Code, which is the basis for the majority of murder and manslaughter statutes in America, states:

 “Criminal Homicide. (1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being. (2) Criminal homicide is murder, manslaughter or negligent homicide.”

What is glaringly absent in the above definition is any mention of self defense. Thus, if you intentionally use a gun against another person and that person dies, you have fulfilled the elements of the crime of murder or manslaughter and can be arrested and tried. Only at trial, do you have the opportunity to claim and proffer a defense of self defense.

However, if you have a legitimate claim of self defense, many prosecutors or district attorneys won’t prosecute because they know that it is a waste of taxpayers’ money. Unfortunately, some will and do prosecute clear-cut cases of self defense for political reasons. If their community leans towards an anti-gun, anti-self defense bias, then a politically-savvy district attorney or prosecutor is likely to pursue any gun case in their jurisdiction. As gun owners, this is the reality we face, especially in self-defense cases that are not black and white, but like life in general, have a lot of shades of grey.

Whatever the motivation, if you are prosecuted or sued after a legitimate act of self defense, you and your attorneys will need to prove to the jury, by a preponderance of the evidence, that you were justified in your act of self defense.

In a typical criminal prosecution, a prosecutor must prove guilt beyond a reasonable doubt, and the burden is on the prosecution to bring forth evidence to prove the charges. That means they must prove the elements of the crime. If you are tried in a state that follows the model penal code, it isn’t too tough to show that your actions were the same as those spelled out in the crime of murder or manslaughter, because the evidence will easily show that you purposely used a firearm to shoot and kill the deceased.

If you plead self defense, the burden of proof shifts to you and you are required to prove by a preponderance of the evidence (51% or greater) that your self-defense act was reasonable under the circumstances because you legitimately feared death or crippling injury and that the force you used was not greater than what was reasonable and necessary.

Because this small series only addresses deadly force issues common to all 50 states, we cannot advise you on specifics of your state’s law. In addition, statutory law and case law are subject to change, so again, it is incumbent upon you, the reader, to look up and study the laws of your area or consult with a local attorney who is well-versed in self-defense law, to make sure you fully understand the laws in effect where you live.

Proving Your Claim of Self Defense

The armed citizen who has been forced to shoot in self defense faces a conundrum. You see, after a shooting, the police will be called (either by you or another person) and when they question you, anything you say can be used in a court of law against you. If what you say or don’t say raises suspicions that you were not justified in shooting, you will probably be jailed until you can get a preliminary hearing in front of a judge. Conversely, if the officers believe you legitimately shot the attacker in self defense, you will more likely than not sleep in your own bed that night. Thus, the question is, how do you explain to responding officers what happened, but still invoke your right to remain silent? The answer is, you cannot. You must make a decision whether to keep silent or to explain what happened. Let’s evaluate the pros and cons of both so you can make an informed decision.

If you refuse to talk to the responding officers, it is extremely likely that you will be arrested—maybe not 100% of the time, but often enough that you should plan on spending the next several days, or perhaps weeks or months in jail. While that’s pretty bad, at least you didn’t incriminate yourself by your own words. That is about the only upside to keeping silent, but please understand that if you live in a jurisdiction that is rabidly anti-gun and anti-self defense, you may likely be arrested anyway, so sometimes a decision to remain silent might make sense. It is your choice.

On the other side of the coin, though, discussing the incident with law enforcement might keep you out of jail and out of the courts, if you explain to the police officers why you felt shooting in self defense was necessary. This requires that you be a good witness and clearly explain the attacker’s actions, telling the responding officers what the attacker or attackers were doing that convinced you that your life was in danger. It means identifying for law enforcement anyone else in the area that saw the incident. It also means pointing out any evidence that the officers might overlook in their investigation. For example, if you knew that the attacker’s buddy grabbed his weapon and threw it in the bushes, it is probably a good idea to tell officers that the weapon is in the bushes, and how it got there.

If you are going to claim self defense at trial, this approach is necessary because the police need to know what happened that caused you to shoot.

However, being a good witness doesn’t require explaining every minute detail about your act of shooting. When you were attacked, you were likely under extreme stress in survival mode and the fight or flight instinct kicked in. Physio-psychological effects known to occur during stressful incidents make you a poor witness about the facts and specifics of the attack. These physio-psychological effects include distorted perceptions of time and distance, plus tunnel vision and auditory exclusion, any one of which can result in an inaccurate report of the event if you try to report specific details.

Instead of going into detail when speaking with responding officers on the scene, I recommend briefly explaining what the attacker did to precipitate your self-defense actions plus pointing out evidence that could be lost or overlooked and identifying witnesses to the event. Next, state that you would like the counsel of an attorney before you give a formal statement, a written statement or even a tape-recorded statement. Once you’ve said that, keeping your mouth shut is likely the best approach. You have been a good witness and cooperated with the police. You have reported the crime committed against you, and frankly that is as far as you need to go at that time.

Gun Owner Rights and Responsibilities

We live in interesting times! As I write this series, examples of the good and the bad trends affecting self-defense gun owners come to mind, and while both are from the state of Arizona, these are not the only ones I could mention.

In the spring of 2010, the governor of the State of Arizona signed a bill allowing law-abiding citizens to carry a concealed handgun for self defense without state licensure, unlike most other states, which require a state-issued license to carry. Gun owners all across the U.S. applauded Arizona’s enlightened stance toward guns for self defense.

This occurred not so long after the Coconino County Prosecutor’s office prosecuted a retired school teacher, Harold Fish, for shooting an attacker, and a jury found Mr. Fish guilty of murder for what most people believe was a justifiable homicide. It was only after spending three years in prison, winning an appeal for a new trial, arguing prosecutorial misconduct among other things, that Mr. Fish was released from prison. A second trial was avoided when the prosecutor agreed not to pursue the matter. Mr. Fish incurred over a half a million dollars in legal fees for his defense, according to the website dedicated to this incident.1

In many jurisdictions, predicting whether a shooting will be considered self defense or a criminal act entails judging the political winds, and this is true not just in Arizona, but across the country.

If any aspect of an act of self defense brings into question whether or not the attackers possessed the elements of ability, opportunity and jeopardy, or if a shadow of a question about the reasonability of choosing to shoot exists, it opens the door to an unmeritorious prosecution. Though you were justified to shoot to prevent losing your life, you will now face a legal fire storm as the prosecution, judge and jury analyze your self-defense actions from the safety of the courtroom. As gun owners, if only for our own best interests in avoiding prosecution after legitimately defending ourselves, we owe it to ourselves to have a clear and complete understanding of the laws about self defense and the legal system that will enforce those laws.

A few words about the
Armed Citizens’ Legal Defense Network, LLC

With these facts in mind, the Armed Citizens’ Legal Defense Network, LLC also makes this information available in booklet form free of charge to armed citizens across the country, hoping that the information contained herein will help them take the correct action when faced with a possible criminal attack.

Founded in 2008, the Network is a membership organization comprised of gun owners, firearms instructors and attorneys who are also gun owners. Awareness of cases in which citizens who legitimately used guns in self defense were prosecuted raises concerns among Network members that they, too, could be caught up by a relentless legal system so bent upon prosecuting any gun use that it cannot recognize victims who, with no remaining options, used a gun to prevent death or irreparable injury at the hands of a violent criminal.

Too often the gun owner lacks the financial resources for a vigorous legal defense, or may lack a clear understanding of their laws and legal system. These gun owners may make mistakes or fail to take actions to protect their legal rights during the aftermath of a self-defense shooting. Too often, they are bankrupted or even incarcerated during or following protracted litigation.

The Network takes steps to prevent such errors with educational initiatives like this series, as well as a series of educational DVDs sent to all Network members. A portion of membership dues funds a non-profit foundation in which monies are set aside for the defense of Network members. For further details, we invite you to visit the Network website at www.armedcitizensnetwork.org or call for 360-978-5200 for information.

We invite the reader to join the Armed Citizens’ Legal Defense Network, LLC to further protect their rights after a legitimate act of self defense.

Footnote:

1           http://www.haroldfishdefense.org/

 

About the Author:  Marty Hayes is the President of the Armed Citizens’ Legal Defense Network,LLC. (www.armedcitizensnetwork.org), along with being the Director of the Firearms Academy of Seattle, Inc.  He has a law degree from Concord Law School, and serves as an expert witness in homicide and self-defense cases, having done so for over 15 years.  A former police officer himself, he well knows the legal morass an armed citizen can find him or herself in after a lawful self-defense incident.  To help counter that problem, in 2008 he started the Armed Citizens’ Legal Defense Network, LLC. a self-help, self-reliance association of armed citizens, legal experts, instructors and attorneys, who have joined together to help protect each other from unmeritorious legal action.  The stated purpose of the Armed Citizens’ Legal Defense Network, LLC. is to aid and assist its members if they are being wrongfully prosecuted or sued for a legitimate use of force in self-defense, along with a strong educational component.

USCCA Toon of the Week

by Chaim’s Cartoons

Gun Control Doesn’t Work

Gun Rights Roundup

by Buckeye Firearms Association

If firearms were indeed as inherently dangerous as gun control advocates suggest, there should be millions of crimes, murders, suicides, and accidents involving firearms each year, and those numbers should be escalating since the total number of firearms and firearms owners have risen substantially over the past few years.

In reality, numbers of firearms related crime and accidents have steadily dropped while gun sales have gone through the roof and more states have liberalized laws dealing with the carry of arms in public.

Independent, peer reviewed studies show that firearms are used 5 times more often to stop crime than to commit crime – and that doesn’t count police use or the deterrent factor of criminals knowing their intended victims might be armed.

Guns are used by private citizens to stop criminal activity some 2.5 million times each year and rarely do they even fire a shot doing it. Recreational shooters fire billions of rounds each year, but firearms injury accident numbers keep going down and are at record lows.

Gun control laws only impact those who obey them – the law-abiding. There is no logic – or evidence – to support restrictions on the good guys.

In the early 1970’s, when Neal Knox was editor and publisher of Rifle and Hand loader magazines, he created a bumper sticker that posed the question, "Where Has a Gun Law Reduced Crime?" He knew that the answer to the question was "Nowhere."

Every credible study has reached that conclusion and that answer was borne out yet again in 2003 and 2004 respectively when the Centers for Disease Control & Prevention, and the National Academy of Science both attempted to settle the issue once and for all.

The CDC and NAS each set up panels of experts who conducted comprehensive reviews of all of the available research on gun control laws with the objective of identifying which specific strategies were most effective at reducing "gun violence" in crime, suicide, and accidents.

The two groups independently concluded that available data was insufficient to prove that any gun control laws, alone or combined, are effective at reducing criminal misuse of firearms, suicides using firearms, or firearms related injury accidents.

The truth is, gun control doesn’t stop crime. Gun control IS the crime.

This is an excerpt from an article by Jeff Knox. Click here to read the whole story.

Gun Rights Roundup is a joint venture of Buckeye Firearms Association and USCCA. We will keep fighting until every American enjoys their natural right to carry and self-defense. For more news on pro-gun law, politics, and events, click here to subscribe to Buckeye Firearms Association’s FREE Newsletter.

Quote of the Week

"You can say ’stop’ or ‘alto’ or use any other word you think will work but I’ve found that a large bore muzzle pointed at someone’s head is pretty much the universal language."

—Clint Smith

USCCA Member-Only Video Tip

Here’s this week’s premium video tip; presented for the continued advancement of the armed citizenry and the preservation of our liberty! Use it well…

Cr Williams:

Other Hand Access III

We’ll look at complimentary-side access from the crossdraw position. Part 3 of 3

USCCA Forum Highlights

Every paying website member has complete access to the USCCA forum, which is constantly being accessed by members sharing information, knowledge, insight, and fun. With well over sixty-thousand posts and growing by the hour, this is one heck of a valuable resource!

If you have never logged in but are a member, visit THIS location to watch help videos, including how to find out your username and/or password!

*******************

Reloading 40 cal ammunition

I reload 9mm and 40cal ammunition. I just bought a Lyman 40cal casing gauge. I already have a 9mm gauge and use it all the time and it works very well for me. I have discovered that Federal cases with the 40cal fit just fine into the gauge after crimping, but Winchester cases do not go completely down into it like they are suppose to. My question is has anyone had this problem with the sizing of Winchester brass in the 40 caliber, and what advice you could give me to correct this problem?

*******************

How can I securely store ammo?

I have ammo cans full of ammo and want to store them securely.
I don’t want to put them in a gun safe so I’m trying to find an alternative.

*******************

How do I clean old .22lr rimfire unfired ammo?

Is there any reason why I should nor tumble clean old bulk ,22 ammo? I seem to have stockpiled way too much .22 bulk ammo, now when I examined it, most has a soft almost sticky feeling to them, I’m certain they will fire, but I’d certainly prefer a shiny clean brass casing. Especially now that I have a new S&W MP15-22. Would a tumble in my brass cleaning tumbler with new corn cob mix be safe? or perhaps another method would be preferable to clean/shine up these cartridges?

*******************

Took My Wife to the Range!

A half dozen years ago I went to the range with my wife and another couple who were good friends. Indoor range, others were there shooting "loud" revolvers which intimidated my wife. And I made the mistake of having her shoot a .38 snub with factory ammo. She did not like the recoil. At all. Bad memories for her. But I remembered she did like shooting my friends .22 rifle.

Well here we are years later, and "For My Birthday", the only present I wanted was for her to go shooting with me. So a lot of planning and thought went into this to make it as enjoyable as possible! .22s only, but the opportunity to shoot the Beretta M9 if she wanted to. And more importantly we shot at an outdoor range. We covered the Basics on gun safety (4 Rules), Electronic earmuffs (to hear each other in spite of doubled ear protection), eye protection, Dirty Bird Targets to see the shot results right after the trigger pull, dirt pile backstop and ability to shoot at a white bottle in the distance, and to watch the dirt fly up. Instantaneous results! She enjoyed herself very much. Only shot the .22s by her choice. Overall success!

Patience seemed to be the biggest factor in waiting for her to be ready to go shoot. Over 6 years! She was nervous at first, but soon gained confidence. And wanted to be hands on in reloading the magazines/cylinders. Wanted to know how/why the round ejected from the semi-auto (remember to keep it very basic here as I tend to go into way too much detail). Then lunch afterward to complete the trip! I made it a nice day! Now she said she won’t ask me to go shooting but I can ask her to go again when I go. It’s a start!

 

Video of the Week

Major Home Security Issue

Can your home locks be bumped? Do you even know what lock bumping is?

Click Here to Watch Video

USCCA Photo of the Week

All Photos of the Week are taken from Mr. Oleg Volk’s
website:
http://www.a-human-right.com/.

It is a fantastic site. Please check it out!

USCCA Self Defense Story

Every day, thousands of Armed Americans use their firearms to preserve human life. Let this section of my newsletter serve as a record of this fact!

July 22, 2010

Monroe, North Carolina

From: Carolina News 14

Clerk kills robber at Monroe convenience store

Police are investigating a shooting inside of a convenience store on Thursday. A clerk shot and killed a man who tried to rob the Sunny Food Mart on Walkup Avenue in Monroe.

Police say they were dispatched to a hold up alarm at the Sunny Food Mart at 10:17 p.m. Another 911 call said that shots were being fired and a man was shot.

According to police, 23-year-old Robert Christopher Young entered the convenience store, brandished a handgun and demanded money from the two clerks, brothers Sophia and Sopea Pich. Gunfire was exchanged between Young and Sopea Pich.

 “He was yelling give me the money, give me the money,” said Sopea Pich. “I didn’t have time to think, and I shot him.”

Young ran out of the store and was found a couple of blocks away. He later died at Carolinas Medical Center. The two store clerks who were there at the time were not injured during the shootout.

Monroe Police Chief Debra Duncan says that although she does not expect Pich to be charged with anything, that decision is now in the hands of the District Attorney.

“We have to look at all the the underlying, anything that’s going on, any of the facts and evidence, and we have to analyze that,” said Duncan.

Monroe police are still investigating the incident.

USCCA Q&A

Last Week’s Question: ANSWERED.

What is the proper lubrication to use on a semi-auto and where (location) if you carry and where if it is to be stored. Re: Oil vs. Grease Thank You

Mark Marshall:

Oil vs. grease: Oil can de-activate primers! It also tends to “run” and does not stay where it needs to be to provide proper lubrication and corrosion resistance. I used to use Shooter’s Choice High Tech grease which is neither inexpensive nor easy to find but it stays where it’s put and is supposedly impervious to temperature extremes. I have since switched to a product I found at Wal*Mart labeled “Super Tech Extreme Pressure Multi-Duty Complex Hi-Temp Grease”; both are a red synthetic and I cannot tell any difference. It’s easy to apply with a toothbrush and cotton swab and keeps moving parts moving smoothly. I coat all internal parts with it for lubrication and corrosion resistance and wipe down external metal parts with a particular rag after applying it to keep a very light coat on the finish. I also run a lightly greased patch through the bore after cleaning. I am particularly careful to wipe down areas such as revolver recoil shields, magazines and near firing pins prevent any buildup which could come into contact with primers. I have had consistent good results with this method for fifteen years.

Anonymous:

I am currently using a light coating of ATF (automatic transmission fluid) on my carry guns. The metal protective additives seem to do the trick up to about 500-600 rounds fired before cleaning.

Anonymous:

Good questions! Use a light oil specifically made for guns, and apply lightly (one small drop is sufficient) to the contact surfaces between the slide and frame. You can tell where, from the spots where metal-on-metal contact has worn through the blue. Elsewhere, as on outside of frame and slide, and in the barrel, a VERY light coat will help prevent rust, a real consideration in humid climates. By light, I mean don’t squirt the oil onto the pistol, put a drop or two on a soft cotton cloth (old T-shirt), and then use that cloth to wipe on a very thin coat of oil. Don’t over-apply, as too much oil will collect dust and debris, and too heavy an oil will congeal in cold temperatures. You will not want to oil the trigger housing group, as unless you disassemble it, you will be unable to wipe off excess oil, and the grit it collects. Also avoid getting lubricating oil on wooden grips, it will soften the wood. If your grips are dry and cracking, you can use linseed oil instead.

 

This week’s question. Have an answer? Use the “Ask Tim” form below to give an answer- I’ll share them here next week!

I’m new to CCA and own a Taurus Judge and have been looking for a good holster for this weapon I really don’t see a lot being offer. Am I looking in the wrong places?——Cliff

Do you have a pressing concern? Use the ‘Ask Tim’ contact form found at this page to let me hear your advice. Just use the graphic below!

July 9, 2010

Hello, fellow Armed Citizen.

Get ready to sink your teeth into a topic every armed citizen should stay in tune with: the laws of self defense. We’ve got a 3-part series from resident expert Marty Hayes, J.D. coming up, and this week is the first big chunk. Get your pencils and note-pads out, because this will be note-worthy.

After getting a formal brush up in self defense law, please support our friends at the JPFO. They are looking to create another edgy video to help combat gun control, this time called No Guns for Jews- but they need some help. Go here to learn about it: http://www.jpfo.org/filegen-n-z/ngj-promo.htm

Okay, enough chatter… Let’s get started!

Tactical Tim - The .45 ACP Shootout

by the USCCA

== Survival Update == Are you prepared for your armed neighbors trying to take YOUR food to feed their starving kids? Learn SpecOps secrets to prepare for civil chaos without putting a target on you or your family.

>>Click Here…Before It’s Too Late<<

What Every Gun Owner Needs to Know About Self-Defense Law

...With firearms ownership comes serious responsibilities. These responsibilities take several forms, including.…

by Marty Hayes, J.D.

Part 1

Introduction

With firearms ownership comes serious responsibilities. These responsibilities take several forms, including–

1.  Responsibility to ensure that your firearms do not fall into criminal hands, due to carelessness or neglect.

2.  Responsibility to ensure that a child does not get a hold of your firearm, resulting in a tragedy.

3.  Responsibility to ensure that when you are handling your guns, your actions are safe and responsible.

4.  And finally, it is your responsibility to understand the laws regarding use of deadly force in self defense and to be aware of what happens within the legal system when a citizen uses deadly force in self defense.

Let’s briefly address the first three areas of responsibility before going on to the fourth, which is the main topic of this series. The first two responsibilities require safe, secure storage of your firearms any time they are not in your immediate possession.

Next, the National Rifle Association and hundreds of private trainers and firearms schools all across the nation teach gun safety and firearms responsibility to hundreds of thousands of people every year. Obtaining training from these folks is how you fulfill the responsibilities in the third concern listed. The Armed Citizens’ Legal Defense Network, LLC urges you, the gun owner, to seek out and attend competent training, both to assure that you understand how to meet your responsibilities, and to document your training and knowledge about gun safety and responsibility. Documented training is part of the antidote to post-shooting accusations that you acted without regard for your responsibilities to society.

This series is designed to introduce you to the fourth area of concern so you can begin to understand your legal rights and responsibilities when using deadly force in self defense. The information in this series should not be considered the sum total of your legal education, but instead, you should think of it as a starting point.

The High Cost of Self Defense

Deciding to carry a gun or to arm yourself for home defense is a choice that should be made only after thorough consideration. Many people buy guns with little thought of getting training and without investigating what the legal aftermath may be if they use a gun for self defense.

While a clear-cut case of self defense normally results in no arrest, no prosecution, and no lawsuit, please understand that many, many cases of self defense simply are not clear cut. For example, what if someone a little larger and stronger than you picks a fight with you? Can you shoot him? At what point in the altercation would you have a right to shoot?

What if three people, perhaps pan handlers obviously involved in aggressively begging, surround you and demand money? When you feel threatened by their insistence, can you draw your gun to stop their aggression?

What if someone threatens your life, so you shoot him, but at the instant you determined you had no other choice but to shoot, he twisted or turned away, so one or two of your shots hit him in the back? What if one of the shots in the back is the fatal shot? Do you think you might be prosecuted?

The history of armed self defense is chock-full of incidents in which law abiding citizens legitimately used a gun for self defense and ended up in prison or were bankrupted because they were wrongfully prosecuted or sued. Let me explain how the aftermath of a legitimate act can go so wrong.

First, if you are arrested after an act of self defense, you will be provided a public defender or you will have to foot the bill yourself for your legal defense. Most people scoff at the idea of a public defender, but I have met and worked for some very good public defenders. It is very likely that a public defender will be well-respected and well-liked by the courts. That’s the good news. The bad news is that in the typical case, there is not much of a budget with which to hire expert witnesses, crime scene reconstructionists and investigators who may be able to track down that one witness who might tell your side of the story. In addition, it is also unlikely that your public defender, or for that matter, a private criminal defense attorney, will have much experience handling legitimate cases of self defense. This is true because most acts of self defense are not prosecuted.

When a legitimate case of self defense (as opposed to a claim of self defense that is offered purely as a legal strategy) comes before the court, it can become pretty expensive, not only in dollars, but also in time and psychological and sociological impacts. For example, if you become the subject of your local newspaper’s headline news, your neighbors, your kids’ friends and even your professional contacts will likely pass judgment long before a jury does. Your kids may have to face accusations from their playmates that their father or mother is a killer, business associates may avoid working with you, and your neighbors may voice hurtful, ignorant opinions about the actions you took to survive. You might even lose your job because it is pretty hard to work if you are locked up in jail for murder if you cannot raise bail money. Do you think that losing your job and facing mounting legal bills might disrupt your family life, too?

These are only some of the reasons gun owners must understand when it is justifiable to use deadly force in self defense, as well as learning what to expect from the legal system if they are left with no viable alternatives and must shoot an attacker.

Internationally-recognized self-defense expert Massad Ayoob states it best when he explains, “Deadly force is justified only when undertaken to prevent imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent.”1

If you memorize and live that one sentence, you should never be found guilty of a crime involving use of deadly force. While nuances of self-defense law differ from one state to another, all states allow the armed citizen to use deadly force against another human being when their life or the life of a loved one or another innocent person is in imminent danger. It is not that simple, however, and several aspects of using deadly force can still land you in court. While one concern entails understanding when circumstances merit using deadly force, the second is making sure law enforcement, the prosecutor’s office, and if necessary, a judge and jury understand that you reasonably believed your actions were necessary to protect innocent life.

The Reasonable Man Doctrine

The standard against which your use of deadly force in self defense will be measured is called the standard of the reasonable person. This criterion asks, “Would a reasonable person under the same circumstances, knowing what you knew at the time, likely have used deadly force in self defense?” If you can convince the jury that they would have done the same thing, then you will walk free. On the other hand, if the members of the jury say to themselves, “No, I wouldn’t have pulled the trigger under those circumstances,” then the verdict will probably not be in your favor.

How do we convince a jury that we acted as a reasonable person would have acted?

The Elements of Ability, Opportunity and Jeopardy

For decades, police officers have been taught that they can employ deadly force only under circumstances in which the elements of “ability,” “opportunity” and “jeopardy” are present. The same method of teaching justifiable use of deadly force has been employed in the civilian sector for at least three decades. You won’t see any of these terms in the law books and court decisions, however. Instead, you will see something like the following, which is taken from Revised Code of Washington:

RCW 9A.16.050 Homicide­—By other person­—When justifiable. Homicide is also justifiable when committed either: (1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

The laws of your own state probably have similarly complicated language, requiring several readings to really understand what the law requires. Still, a careful reading will show the parallels between the complex language of most state statutes and the more easily understood terms of “ability,” “opportunity” and “jeopardy” that give us clearly understood language with which to discuss and articulate why we had a reasonable belief that our life was in danger.

For example, in explaining a decision to use deadly force in self defense, you might say, “Well, because he had a gun in his hand, which I know is a deadly weapon, I knew he had the ABILITY to cause my death. I also knew from my training that a person within close proximity was near enough to shoot me with that gun, in other words he had the OPPORTUNITY to shoot me if he so desired. Because he said he was going to kill me, I also believed that he meant to place my life in JEOPARDY.”

Would a reasonable person, hearing that statement, conclude that your actions were those of a reasonable person? Likely so.

Now, let’s do a better job of putting into context the three elements of “ability,” “opportunity” and “jeopardy,” as used to justify using deadly force in self defense.

Ability

Ability means that the attacker possessed a weapon capable of causing death or grievous bodily harm. The object in question could be a make-shift weapon, like a beer bottle, a baseball bat, pool cue or even folding chair, if used to inflict a blow. Generally speaking, charges brought against someone for defending themselves or another innocent person rarely center on whether or not the attacker possessed the ability to cause death or serious injury, with a couple of glaring exceptions.

The first exception is when the attacker you shoot does not have a weapon or an object capable of being used to inflict serious bodily injury, but you thought he did. For example, in my home state of Washington a few years ago, a police friend of mine shot and killed an assailant who was armed with a couple of spoons. That’s right: spoons. The prosecutor did not press charges against my friend because under the circumstances of the shooting he reasonably believed the spoons were a knife. The critical issue is the reasonable perception that the attacker possesses a weapon.

A related exception is found in the furtive movement shooting, in which an individual is shot when he reaches for something that the defender honestly and reasonably believes is a weapon. Under most circumstances, if the perception is found to be a reasonable one, the defender’s response will be ruled justifiable.

The second exception, and the one that lands people in jail time and time again, crops up when the defender uses deadly force against an unarmed attacker, or even to fend off multiple unarmed attackers. This happens with surprising frequency, and more often than not, the defender ends up paying a high price legally. The issue involved is called “disparity of force,” and it is a critical one.

When a legitimate self-defense shooting ends up in court, many times the civil litigation or criminal prosecution hinges on the question of disparity of force. After all, if a prosecutor knows the attacker had a deadly weapon and was in fact attacking, he is likely not going to prosecute the self-defense shooter. But, what happens when the defender is being stomped to death, choked to death, or otherwise believes a deadly force attack is imminent or underway? And, what if that defender shoots one or more of his assailants, but they claim that they were only beating him up, not trying to severely injure or kill him?

Legally speaking, likely it was lawful for the defender to use force in self defense, but in court the claim is made that he or she used excessive force. Under these circumstances, the defendant will need to show the jury, or a judge if the case is heard at a bench trial, that they had a reasonable belief that the attackers possessed the ability to cause death or serious physical injury. For the exact parameters of laws of your local jurisdiction, consult the criminal statutes and the self-defense case law of your own state or consult a local attorney who is knowledgeable about self-defense law.

Opportunity

In addition to showing that the attacker or attackers had the ability to cause your death or inflict serious physical injury, you must also show that they had the opportunity to carry out a deadly force attack. This usually entails showing that they were close enough to use their ability against you.

For example, if the attackers simply have their hands and feet with which to attack, they would have to be very close: close enough to control you and hit and kick–typically within arm’s reach. But does that hold true for what is called a “contact weapon,” a knife, or another object make-shifted as a weapon, like a beer bottle or a baseball bat?

In the 1970s Dennis Tueller, a Salt Lake City police sergeant, did a study comparing how long it took an officer to draw and fire a handgun with how long it took an average person to run at them from a distance of seven yards and inflict a fatal wound. The times for both drawing and firing and running 21 feet averaged out to about 1.5 seconds. In law enforcement training, that meant the officers should draw their weapons much sooner than had been commonly thought when faced with a person armed with a contact weapon. Knowing that a person can close a distance of 15 to 30 feet in one to three seconds should be part of your mindset, too, and before you decide the person possesses the opportunity to use their ability against you, you need to work out how distance and proximity play into the “opportunity” factor, combined with the unique circumstances of the incident.

Jeopardy

If the elements of ability and opportunity are both present in an altercation, you must still convince a judge or jury that it was reasonable for you to believe that your life was in jeopardy. The element of “jeopardy” is also sometimes identified as the element of “intent.” Was the attacker or were the attackers intending to carry out an attack? Was your life in jeopardy?

Usually, this issue comes up in cases of unlawful display of a weapon or “brandishing.” To successfully defend against a charge of brandishing, you will need to give sufficient detail about the actions of the attacker or attackers to show how their behavior would lead a reasonable person to believe that they were preparing to attack.

Footnote:

1           In The Gravest Extreme, by Massad Ayoob, ISBN 978-0936279008

 

The Armed Citizens’ Legal Defense Network, LLC does not assume any responsibility for the use or misuse of information contained in this series, nor does any of the educational information in this series constitute legal advice. Please understand that the information contained herein is simply one person’s opinion on these matters. It does not necessarily reflect the viewpoint of any person other than the author. The reader is encouraged to pursue additional study of the gun laws of their state with a qualified instructor or a knowledgeable attorney.

 

USCCA Toon of the Week

by Chaim’s Cartoons

A Battle is Won. The War Goes On.

Gun Rights Roundup

by Buckeye Firearms Association

After way too many years, the day of liberation for Chicago’s law-abiding citizens is finally at hand. In a long-anticipated ruling, the United States Supreme Court struck down the long-standing Chicago ban on firearm possession and returned a fundamental right to the citizens.

Unfortunately, Mayor Daley and his anti-gun cohort are unlikely to simply roll over and give up their plans to keep Chicagoans disarmed. Surely, he will devise an onerous process to license guns owned in the city, and will likely make it nearly impossible for anyone to bring a new gun home.

Most likely, Daley will hold press conferences full of shrill cries that Chicago is about to enter another Al Capone-type era with bullets flying everywhere. The local newspapers and other media will most likely buy into Daley’s ravings because the establishment media loves stories about guns. They know it will drive ratings and circulation, and that the more outlandish the claims by Mayor Daley, the more likely people are to watch and read. But, in the end, his sideshow is just that – a sideshow.

Due to a willingness to win politically at all costs, the early firearms owners in Chicago are likely to end up squarely in Daley’s crosshairs. He is not only likely to make it nearly impossible for a law-abiding citizen to pass whatever licensing scheme the administration conjures, but Daley is sure to force the Chicago Police into using whatever tactics are necessary to prove guns in the hands of the law-abiding equals more mayhem.

The sad fact is Mayor Daley has too much to lose if this script plays out as it did in Washington D.C., where the city’s murder rate dropped to a 40 year-low after their gun ban was overturned. Even if the drop wasn’t caused solely by the ban being overturned, more guns in the hands of law-abiding citizen in Washington D.C certainly didn’t lead to more crime. Even a small drop in gun crime after the Chicago ban is overturned will expose Daley’s anti-gun fraud.

Our excitement over winning, yet again, and the return of a God-given right to the people of Chicago is tempered a bit by the knowledge that there are countless law-abiding victims of the gun ban. Nobody will ever know how many Chicagoans spent their last moments in fear and agony because they lacked the one tool that could have saved their lives. We will also never know how many women were raped, how many families were brutalized or how many people were robbed because Mayor Daley’s polices disarmed them.

To that end, we now need to turn our attention to not only returning the right to bear arms to Chicagoans in their homes, but also giving them back the right to legally carry a gun in a far more dangerous setting – Chicago’s city streets.

Click here to read the full article.

Gun Rights Roundup is a joint venture of Buckeye Firearms Association and USCCA. We will keep fighting until every American enjoys their natural right to carry and self-defense. For more news on pro-gun law, politics, and events, click here to subscribe to Buckeye Firearms Association’s FREE Newsletter.

Coming Up On Armed American Radio

The Official Voice of the USCCA

by Mark Walters

This week’s featured guests:

 

Alan Gura, lead attorney for McDonald v Chicago joins me this week among others. We will be discussing guns and gear, current events and the dumbest Boneheads of the week…Yes the anti-gunners say some pretty stupid stuff, don’t they!

Don’t forget to join Armed American Radio on FACEBOOK to keep up with all of the latest, up to the minute information as we talk about freedom. Also, please visit me at http://www.armedamericanradio.org for all of the latest affiliate stations around the nation carrying the broadcast and information on where to listen to the show LIVE every Sunday. For a copy of my book, co-written with Ms. Kathy Jackson, please visit www.lessonsfromarmedamerica.com 

I’ll see YOU on the radio THIS Sunday from 8-11pm ET, 5-8pm PT 

Mark

Quote of the Week

“There are hundreds of millions of gun owners in this country, and not one of them will have an accident today. The only misuse of guns comes in environments where there are drugs, alcohol, bad parents, and undisciplined children. Period.”

—Ted Nugent

USCCA Member-Only Video Tip

Here’s this week’s premium video tip; presented for the continued advancement of the armed citizenry and the preservation of our liberty! Use it well…

Cr Williams:

Other Hand Access I

It’s not always going to be like it is on the range, and you’re not always going to have everything you’re used to to fight with, including your normal shooting hand. In Part One, we begin an examination of ways you can access the handgun when you don’t have the hand you’re used to drawing it with…handy. Part 1 of 2

USCCA Forum Highlights

Every paying website member has complete access to the USCCA forum, which is constantly being accessed by members sharing information, knowledge, insight, and fun. With well over sixty-thousand posts and growing by the hour, this is one heck of a valuable resource!

If you have never logged in but are a member, visit THIS location to watch help videos, including how to find out your username and/or password!

*******************

Maverick Instructor?

When I seek advanced training I look for instruction in the widely accepted and proven methods. Virtually all of the big name instructors and big name schools teach these same widely accepted and proven methods with some variation. Examples of some of these include front sight press, point shooting, sight shooting, etc…. when these methods are combined with the various different "stances" & different ways to hold a firearm, you eventually get a good understanding of the different schools of thought. Basically you can choose what works best for you, and then practice your proficiency.

And then there is this one instructor who basically dismisses everyone else, and teaches his own "magic bullet" method. He claims that you don’t need practice, and his system is the best. He is the only instructor, that I have found, teaching this method and we have tangled several times over the efficacy of throwing out all the knowledge that is taught by everyone else.

What are some of your opinions regarding advanced training techniques?

*******************

Instructing Those That Learned Wrong Stuff

A recent development in another thread got me to thinking about instruction. A challenge that I have encountered is dealing with those students that come to you with bad habits already established. This could be anything from grip, to stance, to flinching, to you-name-it.

What are some of the things you may have encountered as an instructor, and what technique/drill/method did you use to get past that previously learned incorrect behavior?

*******************

FN Five seveN - Why?

Earlier this month, I had too much time on my hands, and there was an article in a magazine I had about the FN Five seveN. I read the article, and it left me wondering why they even bothered marketing this gun to us civilians.

The round and weapon was developed for military and police forces (mainly for counter-terrorism applications,) for its ability to penetrate body armor, due to the fact that it essentially fires a shortened rifle round (5.7×28mm - .224 caliber,) using rifle projectiles, rather than what we’re used to seeing in pistols. However, the armor penetrating rounds aren’t (and won’t be) available to us cake-eating civilians (although I guess if you make your own ammo, you could probably work around this.)

The question I’m left with is this: What possible use would your average shooter have for this weapon, aside from having an oddity in your collection? I can see a niche market for those who do long-range pistol shooting competitions, but beyond that - why? If I wanted a "souped up .22," I’d rather just buy a .22 magnum, and I could shoot a heckuva lot cheaper.

P.S. (Wikipedia article on Five seveN HERE)

 

Video of the Week

LLumar Window Film Smash & Grab Lab Test

Wow! Who wouldn’t want some of this installed on their vehicle if it really works this good? No, they aren’t paying us to show this. We just thought this product might deserve some more investigating to see if it is all they say it is. Have a look.

Click Here to Watch Video

USCCA Photo of the Week

All Photos of the Week are taken from Mr. Oleg Volk’s
website:
http://www.a-human-right.com/.

It is a fantastic site. Please check it out!

USCCA Self Defense Story

Every day, thousands of Armed Americans use their firearms to preserve human life. Let this section of my newsletter serve as a record of this fact!

July 5, 2010

Houston, Texas

From: KHOU

Intoxicated Man Shot After Attempting to Enter Wrong Home

Precinct 4 deputies said an intoxicated man was shot early Monday after he attempted to force his way into the wrong home.

It happened in the 25500 block of Twister Trail at Falcon Trail in northeast Harris County.

Deputies said a man mistakenly went to the wrong house around midnight and began banging on the front door. The homeowner told the man to leave, but the man refused, saying it was his girlfriend’s house.

The man then went to the back door and tried to force entry, according to deputies. That is when the homeowner retrieved his gun and shot once through the door, hitting the man in the stomach.

The man was taken to Ben Taub hospital in stable condition.

USCCA Q&A

Last Week’s Question: ANSWERED.

Ok, I have made the decision to carry and went and got the Utah state concealed permit. My Wife and I both got the permit and I vowed to carry as much as I can. My wife seen me putting my pistol in my iwb holster and she said “I don’t want you to carry a gun in town” I calmly explained to her in town is the place I would need it the most to defend you and the family. She said I don’t mind you carry it in the truck, but not on your person. This is a very touchy subject…How do I make her understand how important it is to carry ALL the time, not just when she’s comfortable. I’m at a loss on what to do from here. I absolutely believe it’s important to carry all times possible. Has anyone out there had this experience?

Anonymous:

To the man whose wife doesn’t want him to carry in town: It sounds as if your wife is in fear of something specific. She can’t fear the gun because at times, like in your truck she is fine with it! Is she afraid it will go off with people around? Someone might see it? Women are sometimes very attuned to “what people think”. Find out what her fear is and start there. It may be something simple that further education will fix.

Anonymous:

For the guy with the nervous wife. I asked a female friend of mine for her vision on this and this is what she thought. “Hi Kent - I personally believe in conceal carry. I would rather have a concealed weapon then one out in the open. On changing her mind - well, this is how I view it. If I had the opportunity to carry my firearm (which I think should be allowed in all states!) and I had not done so, and something happened to one of my loved ones I would never forgive myself, in thinking I might have been able to help. She might also want to think…. If something happened to her husband, how would she feel, if the gun was in the truck, and he died because he did not have the chance to actually protect himself. I know with my husband his G23 is like an appendage, but I also know that he will use great judgment when it comes to defending himself and others. I myself carry the Taurus 24/7 (looking for something smaller)… but when I have my children out and about, I would hope that if something ever was to happen, that I would be able to help protect them. I think he needs to rationally lay out for his wife why he wants to carry a firearm. I also, believe that she has some safety issues she is fearful of, so he would need to address them with her. Many woman who do not shoot have a genuine fear of guns, so maybe getting her to shoot would also help. I hope this helps in some way.”

Anonymous.:

Here is quick story to share with your Wife. I recently attended a Level II pistol class at RangeMaster in Memphis and learned the following: In the past 14 years between 2500 to 3000 students have trained there every year. Over the years Tom Givens, the owner has received letters and reports from 54 former students (11 women) who trained there and were involved in violent confrontations that involved firing their guns to defend themselves. All 54 prevailed and none were hurt or killed. There were two fatalities however. Two former students were killed by their attackers….they had left their guns at home.

 

Tom, Oklahoma :

Understanding and accepting the responsibility associated with carrying concealed can be daunting to some people, but I would remind your wife that if you leave your gun in your vehicle when you are in town, and need it to protect your family or yourself, you may have no chance to retrieve your gun…In other words, why do you have a concealed carry license, if you don’t CARRY your weapon every time you go anywhere?? Finally, I would encourage you to understand your wife’s attitude …perhaps she really doesn’t want to accept the possibility that you might be placed in a situation requiring the use of lethal force…My wife doesn’t expect that to happen either, but she is confident I am prepared to do what is necessary to deal with a deadly threat. Keep talking…

 

Anonymous:

I would have her read the stories, posted in this forum and in most of the gun magazines, that tell stories of innocent, law abiding citizens who have used their weapons in self defense. This may help her to see that you may be called on to protect yourself and family at any time and any place.

 

Anonymous:

Does the gun-shy wife believe in fire extinguishers? Homeowner’s insurance? Life insurance? Health insurance? Does she believe in the old adage; "Fortune favors the well-prepared"? Does she know that when seconds count, the police are only minutes away? Remember, a fire extinguisher, a hammer, a broom-handle, baseball bat, golf club, I could go on and on….Are all deadly weapons in the hands of a sociopath or nut-job. You only carry to protect yourself, your family or others who are threatened with imminent death or serious physical harm. Tell the wife (I’m sure she already knows) to fear the bad guys, not the good guys.

 

Anonymous:

I’ve read on this forum that there will only be two places you will be attacked. At home, and away from home. It was also stated by another that IF anything were to happen that requires you to face a prosecutor, If asked when do you carry and you state only sometime, then they can pose the argument that you were looking for trouble on THAT day. But if you state that you ALWAYS carry, then where is the argument? You will never know when or where. Just be ready.

This week’s question. Have an answer? Use the “Ask Tim” form below to give an answer- I’ll share them here next week!

I am new to the CCW world. I’m living in central Florida I have been retired for many years and am looking for my first weapon, probably a 9mm. I’m in casual dress most of the time which limits the selection . Any help/suggestions would be appreciated. I will seek professional instruction once my choice has been made. Thanks

Do you have a pressing concern? Use the ‘Ask Tim’ contact form found at this page to let me hear your advice. Just use the graphic below!