The Defensive Handgun Blog

ANNOUNCEMENT

2011-01-28T13:10:00.002-05:00

We've Moved! Our new blog address is www.defensiveforce.com/blog. Please update your links!

Also, Defensive Force Instructors LLC has a new home on the web: www.defensiveforce.com. CLICK HERE for information about our upcoming courses and dates.

*NOTE* We will no longer be regularly updating this site. Please visit our new home!

CLE for Virginia Gun Law

2010-09-28T21:21:00.003-04:00

I am happy to announce that we are filling out the forms for CLE credit for Virginia. If you want to register for the October 23rd seminar, and want CLE credit for it, the fee is $125. We are submitting an application for 2.5 hours of CLE credit. Sorry, no ethics hours.

Non-attorneys are also invited, cost is $75/$65 for VCDL members.

We plan on three hours minimum of instruction, with a couple of short breaks in the middle that will boil down to 2.5 hours of credit. The outline is as follows:

General legal guidelines for the use of force
Justification versus Excuse
Self-defense
Virginia's lack of a "castle doctrine" - and why it (mostly) doesn't matter
Defense of Others
Defense of Property
Purchase and possession of arms in the Commonwealth of Virginia
What is "open carry" and what is "concealed carry" in Virginia? Not quite what you think.
Virginia Knife Law (a surprisingly active area of the law)
Interacting with Law Enforcement Officers
Travelling armed: planes, trains, and automobiles
What to do when in other jurisdictions: a practical "travelling" mode for reciprocal states

If you are interested, email me at defensivehandgun@gmail.com.

Where Even Prosecutors Can't Carry

2010-09-09T08:22:00.004-04:00

Uncle links to a story about a man who fires some warning shots because a gang of, well, gang members was threatening him. The comments discuss the wisdom of warning shots and legal implications.

Here's some additional background. The Nassau County DA's Office is reeeaaaally anti-gun. The office has a policy of barring handgun ownership by its employees. That's in great contrast with a lot of places like Virginia, where prosecutors can carry concealed anywhere, even in bars while drinking, without the training necessary for a concealed handgun permit. Because they're like you and me, only better.

Here is the application for assistant district attorney, and here is the one for interns. Note the following in background questions:

Applicant Questionnaire: Yes or No
3. Have you ever had a license to possess a firearm in this state or any other state?
...
NOTE: AN AFFIRMATIVE RESPONSE WILL NOT NECESSARILY SERVE, IN AND OF ITSELF,
AS A DISQUALIFICATION FOR EMPLOYMENT

And the closing (signature-required) condition:
Gun ownership: I understand that assistant district attorneys are not permitted to apply for a handgun permit nor own or possess a handgun while employed by the Nassau County District Attorney. Any exception to this policy must be in writing and approved by the District Attorney.

So, anybody think that this attitude may, even unconsciously, affect the judgment of the prosecutors in this case?

There's nothing so egregious as this in Virginia, but I discuss a lot of relevant self-defense considerations such as the standards for the use of deadly force in Virginia in my legal seminars. Next one is October 23, 2010; contact me to sign up.

Required Reading for Concealed Carry

2010-09-07T09:18:00.002-04:00

Here is a good write-up of a self-defense shooting that went to court twice. HT Snowflakes in Hell

The defendant, Mr. Hickey, was involved in a self-defense shooting when he was attacked by three neighbors in his own driveway. He was charged with aggravated assault and spent 71 days in jail. Massad Ayoob gave expert testimony in the second trial, possibly saving Mr. Hickey's bacon.

One of the commenters notes that Mr. Hickey's wife might have been treated better by the police, and that's probably true. Hickey is a part-time firearms instructor and trains troops preparing to deploy.

The write-up is the September newsletter for the Armed Citizens' Legal Defense Network, an organization that provides legal assistance to members that have to defend their self-defense actions in court.

SIRT Pistol for Training

2010-09-07T08:42:00.003-04:00

Caleb has a post up on the SIRT pistol, a dedicated dry-fire handgun that shoots a laser out the barrel whenever the gun is "fired."

While this seems like a good way to train, I'd be afraid that it would make me look for the laser and not call my shots - see the sights, take the shot, and move on knowing that I'd hit the target.

I dry-fire with a trigger kit from Southwest Shooting Authority. The kit replaces the trigger for your Glock, and automatically resets. Print out some 1/3 scale targets (available here), post them on your basement/garage wall, and dry-fire away.

Malum Prohibitum

2010-09-01T07:38:00.003-04:00

The NY Times reports that Chicago's gun ordinance, as well as state gun laws, aren't successfully used to deter violent crime. HT Uncle.

“We do bypass our ordinance because the penalties are more serious under state laws,” Ms. Hoyle said. “But there’s this idea that we didn’t really enforce the ordinance, and that’s just not true. We prosecute people all the time.”

Those prosecutions, however, rarely result in convictions, according to the data from the clerk’s office. While the police have made 12,967 arrests since 2000, city attorneys have won just 2,068 convictions.

But these ineffective (and unconstitutional) gun laws have to be defended in court:

Charles Boesel, director of communications for the Joyce Foundation, said in a written statement that the city’s gun ordinance was worth defending regardless of how often it was enforced, because a decision to apply the Second Amendment to states and municipalities “could have profound implications for current and future gun policy in Chicago and nationwide.”

Good to know. Next time you defend a gun law on the basis that it's "for the kids," you'll just stipulate up front that they don't work, and you're just doing this because: (a) the Joyce Foundation pays you to, and (b) you think that people are better off dead and in compliance with nonsensical laws than being able to defend themselves, right?

Chesapeake Shooting Ruled Justified

2010-08-30T22:17:00.001-04:00

The shooting in Chesapeake earlier this month has been ruled justified. Decent coverage here and here. Sumdood fired shots at armed citizen while said citizen was standing outside his family's home. Armed citizen, a concealed handgun permit holder, returned fire and fatally wounded sumdood. Sumdood's accomplice was picked up and charged with five counts of attempted malicious wounding.

Here is the prosecutor's letter to the chief of police declaring the shooting justified.

I'm a bit curious about this article, which describes sumdood as a "teen." That's technically correct - he was 18 years old - but at that age he's legally an adult. This is remniscent of studies during the crack wars that defined a "youth" as anyone age 24 or younger, painting gun violence as a phenomenon that impacts kids disproportionately.

If by "kid" you mean that someone under the age of 18 found an unsecured firearm and accidentally shot themself, that happens about 120 times a year. Less dangerous than swimming pools, but that doesn't fit the media narrative some folks are pushing. If by "kid" you mean a teenage gang-banger that was killed in an exchange of gunfire with rivals or intended victims, that happens a lot.

But I wouldn't put that in the "kids as victims of gun violence" category.

Reloading Shotgun for 3-Gun Competition

2010-08-28T18:22:00.003-04:00

Here's a good video from the U.S. Army Marksmanship Unit on speedloading your shotty for 3-gun. Looks like a good gig if you can get it.

Here's another good video with a breakdown of the shooter's technique.

Permalinked for future reference.

Getting Out of Traffic Ticket by Carrying a Gun

2010-08-27T07:25:00.006-04:00

Extreme Tolerance relates his story of getting out of a ticket by virtue of legally carrying a gun. The officer that pulls you over will know as soon as he looks up your license plate that you have a concealed carry permit, which with many cops is a "certified upstanding citizen" indicator.

I had a similar experience. I was riding my motorcycle (back when I still had such vestiges of my single days) here in Northern Virginia, going down a really big hill. Light turned yellow as I was approaching a T-intersection traffic light at the bottom, and when I made it through the intersection it had already turned red. This wasn't so much a case of me not paying attention to the light, but more of a case of not wanting to slam on my front brake so much that I endo (bring the bike up on the front wheel for the non-biker crowd) at the stoplight and dump the bike. A police officer was waiting at the light, and he pulled me over.

I had just moved to VA and was still carrying with my reciprocal out-of-state CCW. I didn't have to tell the officer I was carrying (VA law doesn't require it) but did so anyway. The officer was surprised; carrying in your own state means that an officer running your license will know you have a permit when he runs your plate or driver's license, but to my knowledge states don't generally share carry permit info with each others' DMV systems.

He asked me where I was carrying, and I told him it was on my left ankle. I didn't make any sudden moves to show him what caliber it was.

He checked my traffic record - clean since 1997 or so - and sent me on my way. He thanked me for notifying him that I was carrying, and suspect that this played a part in not getting a ticket.

Side note: when riding a motorcycle, I recommend carrying ankle carry. I once laid a bike down while ankle carrying with no ill effects, but if I'd been carrying on my hip I suspect that the gun would've become a semi-permanent part of my pelvis.

Galil Ace and Krebs AK

2010-08-26T08:49:00.006-04:00

Galil Ace Rifle over at The Firearm Blog.

As he puts it, "the consumer AK accessory industry is sure to start producing handguards, pistol grips and stocks for dressing up a AK-clone as an Galil Ace."

That already exists. Here is the Krebs Custom AK rifle page, and the KTR-series rifle is at the top.

It has M16-style sights and thumb safety, handguards with rails, and a collapsible stock. I recommend them.

DEA Looking for Ebonics Translators

2010-08-25T07:17:00.002-04:00

That's not a joke, that's the headline at CNN. HT Tam. Another sign of our failing public school systems. Used to be lots of fluent Ebonics speakers around, and you could find one anywhere, even on an airplane.

The Best Internet Thread You Will Ever Read

2010-08-23T07:09:00.003-04:00

Over at The High Road, I stumbled on a thread chronicling over a year's worth of one man's struggle to control the wild hog population on his property in East Texas. Well written, numerous pictures. It is now at 22 pages, and covers everything from caliber selection, wildlife cameras, traps, and the author's purchase and use of an AR in .458 SOCOM. Seriously, grab a cup of coffee (or whatever beverage you enjoy while reading internet randomness) and set aside at least half an hour to read it.

Without exagerration, it is the best internet thread I've ever read. I've added it to the perma-link list.

Read the whole thing. If anyone has a better read from a gun forum (or anywhere on the innertubes), feel free to post it in the comments.

Value of a Quick Draw

2010-08-20T18:22:00.004-04:00

In this post, Hell in a Handbasket says that a quick draw of your defensive tool may not be that big of a deal:

I’ve never been very keen on developing fast draw skills. Though necessary for
competition, they should be unneeded for defense as long as someone maintains a
decent level of situational awareness.

Caleb disagrees, and outlines the value of having your defensive tools out and ready lickety-split in this post on his encounter with a would-be mugger. I'm with Caleb on this one - practicing your draw from your carry setup is a valuable use of your time.

Uncle approximates his draw time as such:

I can draw and fire center mass accurately in over a second but less than two.
Not a real spiffy time but, you know, not a slouch either. And that’s with a
Glock and a CompTac. It’s faster with a Serpa holster and much slower when I
pocket carry.

That's a good place to be and I'm somewhere in that band of performance. So are federal air marshals - their standard is to draw from concealment and fire two rounds in 1.65 seconds.

As Todd G at pistol-training.com says, "Call me crazy, but I'm going to keep working on my draw."

Zombie FAIL

2010-08-20T08:36:00.003-04:00

Great article at Cracked.com on why a zombie outbreak wouldn't look like it does in the movies. I've long suspected that this was overblown, and now the internet has given us a real answer. (HT Sebastian)

Bottom line: guns rule.

Remember, the whole reason hunting licenses exist is to limit the number of
animals you're allowed to kill, because if you just declared free reign for
everybody with a gun, everything in the forest would be dead by sundown. Even
the trees would be mounted proudly above the late-arriving hunter's mantles.
It's safe to assume that when the game changes from "three deer" to "all the
rotting dead people trying to eat us," there will be no shortage of volunteers.
...
And that's just from the civilian population; counting the military
and police, we have another three million or so armed people, and instead of
just handguns shotguns and hunting rifles, they have machine guns, combat
shotguns, sniper rifles, assault rifles, sub-machine guns, grenade launchers and
the occasional taser, not to mention the training to use them effectively. But
why would they even bother? When they could just roll over swaths of zombies in
tanks, blast them with cluster bombs and MOABs and mow them down with miniguns
from the god damn Air Force that every zombie flick seems to forget about.

Seriously, RTWT.

AR vs. Shotgun for Home Defense

2010-08-19T22:34:00.006-04:00

James Rummel takes me to task for my first and second posts on whether an AR makes a good home defense firearm.

As he puts it:

In the second post, Dave devotes the very first paragraph to the issue of verpentration. After that it is rather pointedly ignored. Strange, as I think
that it is the one issue that should be discussed the most.

What I said was:

Let me start by saying that I'm not making a recommendation one way or the other. If you can intelligently explain your choice of defensive tools, then drive on with your bad self. If I decide to equip the hearth and home with an AR, I've got the fact that Uncle Sam spent a bunch of time and money teaching me how to use it, I've fought overseas with one, and there's simply no firearm that I perform better with. Apartments may not be ideal keeping AR rounds out of your neighbor's place, but according to the Box O' Truth, pistol rounds go through sheetrock pretty well too. So maybe the overpenetration concern is universal if sheetrock is all that separates you from next door. I wonder what separates townhouses from each other. Anyone
in construction have a line on this?

I'm not sure where James gets a lack of concern on my part on overpenetration liability in urban settings. I said that if you live in an apartment any round could punch through the walls. I wondered what the barriers are between townhouses, the norm in Northern Virginia. I don't have my place AR-equipped for the reasons he lays out - because I don't know what ballistically separates me from my neighbors. That's concern for overpenetration, and I asked about what separates me from shooting a neighbor. I'm not blowing the issue off.

'Cause houses come in different forms. The average NoVa townhouse was built in the late 1970's or so. If it were a slap-dash early 2000's structure there's no way I'd shoot an AR inside the house, but I don't know how much sturdier the older places are. New construction in parts of Florida is hurricane-resistant, so there's a cinderblock skeleton underneath that retro-Miami Vice adobe exterior. So go crazy down there. Here? My place? No idea.

Checking at The Box O' Truth reveals a few things. In Installment #1, we find out that pistol rounds and .223 penetrate pretty well. Here we discover that shotgun rounds penetrate to a varying degree - small shot not so much (but it doesn't do a good job of stopping a pissed off assailant) - slugs too much. 00 Buck may fit a sweet spot, who knows? In Installment #3, we find that 00 Buck penetrates 8 sheetrock boards, which is 4 walls.

As the folks at Box O' Truth put it:

But doesn't 00 Buck penetrate too much in interior walls to be a "safe" load in a home?
Yes, it does penetrate a lot. But any load that is going to be effective will need to penetrate walls to have enough power to penetrate bad guys. If our only concern was to be sure we didn't penetrate walls, we would use BB guns. However, BB guns will not stop bad guys.

And, as they said at the end of #2:

I have brick exterior on my home. I do not have to worry about any round exiting my home. The brick stopped all rounds tested.

So, we must use loads that will STOP bad guys, and this means that they will also penetrate walls. Be sure you hit the bad guy and do not shoot into walls where innocents are on the other side, because anything short of brick is really just concealment, not cover.

The guys in the comments at Snowflakes in Hell make the case for a short-barrelled and suppressed AR. Which, if you want to shoot a rifle indoors and reduce the overpenetration risk is a good way to go. So is frangible ammunition, as these guys point out. There's a spread of opinion at Uncle's place.

Bottom line:
1. What are the your exterior/dividing walls made of?
2. What bullet weight/type are you using, and through what length of barrel?
3. Will #2 punch through #1?

Calibrate your home defense rounds accordingly.

Shoot Him to the Ground - and Yourself in the Foot

2010-08-19T16:41:00.003-04:00

Matthew Temkin has a video out he calls "Shoot Him to the Ground." I think that this is neither good shooting technique nor smart tactics, as Jason points out. Worse yet, it could help get you prosecuted. Here's the YouTube of the promo:

The tactical implications of charging one-handed at your assailant are bad enough. Guns are effective missile weapons because they take you out of melee distance. If you have to shoot someone at arm's length, so be it. Many self-defense encounters happen at spitting distance, but that's no excuse to put yourself there if you don't have to. It's worse with multiple assailants, where retreating to cover while firing, or sidestepping to "get off the x," may be the best course of action. Distance is your friend.

The legal implications, depending on the state, could be terrible. Some states, in spite of a strong "Castle Doctrine" statute, maintain a generalized duty to retreat (if possible) outside the home. I'm looking at you, North Carolina, California of the South. If you have a duty to retreat when possible, then charging your assailant and firing your last round while standing over him is a pretty bad idea. Witnesses may provide a less-than-flattering account of your actions. "Joe was just talkin' to this guy and reached in his pocket, when the defendant whipped out his gun, ran at Joe and blazed away, puttin' the last round in his eyeball!"

That defensive shootings outside the home that occur in North Carolina (and other states with a duty to retreat) where sumdood's intended victim didn't retreat is a testament to prosecutorial discretion, or at least prosecutors' recognition that the upstanding citizen defended herself against a violent assailant, and that no jury will convict on those facts. Like in this case.

Bottom line: I don't plan to buy Temkin's video, nor use his tactics.

Legal Seminar and CHP Course October 23rd

2010-08-18T23:42:00.003-04:00

We will be holding two legal seminars on Saturday, October 23rd, at the Marriott Courtyard near the NRA Range. Directions here.

There will be two sessions - one at 10:00 am, one at 2:00 pm. If you want to get your Virginia Concealed Handgun Permit (CHP), the legal seminar and some range time afterward qualifies you and I will sign off on the certificate that will get you your CHP. If you want the CHP, contact me and sign up for the 2:00 slot, and we'll head over to the NRA range afterwards.

Cost for the seminar is $75, $65 for VCDL members. $25 extra if you want to get your CHP.

Contact me if interested. Pre-course emails get sent out a week before class, so don't wait until the last minute.

More on the AR for Home Defense

2010-08-18T19:10:00.005-04:00

My post yesterday on using an AR (or AK, I suppose) for home defense elicited a few comments worth discussion.

Let me start by saying that I'm not making a recommendation one way or the other. If you can intelligently explain your choice of defensive tools, then drive on with your bad self. If I decide to equip the hearth and home with an AR, I've got the fact that Uncle Sam spent a bunch of time and money teaching me how to use it, I've fought overseas with one, and there's simply no firearm that I perform better with. Apartments may not be ideal keeping AR rounds out of your neighbor's place, but according to the Box O' Truth, pistol rounds go through sheetrock pretty well too. So maybe the overpenetration concern is universal if sheetrock is all that separates you from next door. I wonder what separates townhouses from each other. Anyone in construction have a line on this?

As Tim pointed out, Harold Fish's prosecution for murder was an outlier, and not a good gauge of what to expect if you use force in self-defense. However, Arizona's laws at the time, where self-defense is an affirmative defense, remains the rule in the overwhelming majority of the states. That's IF you get prosecuted. Prosecutorial discretion is the factor that makes most self-defense shootings remain news stories and not court cases.

Frank W. James weighed in to point out that the castle doctrine makes the weapon a non-issue inside the home. That's true in certain instances. But all "castle doctrine" statutes are not created equal. Some are really "stand your ground" statutes that remove the duty to retreat outside the home. Some are just laws strengthening defense of habitation claims.

Take North Carolina, the California of the South in terms of gun laws. The Castle Doctrine statute is really a defense of habitation measure. If a lawful occupant is preventing or terminating unlawful entry that they reasonably believe is going to harm/kill someone inside or commit a felony, then the lawful occupant can use any level of force against the intruder. But once they are inside, then the proportionality of force requirement applies, but without the duty to retreat (if reasonable) that exists outside the home. If you come downstairs for a glass of milk at night and find an intruder already inside who does nothing to threaten you, then ejecting a trespasser is supposed to be done first with "gentle hands." The NRA-supported bill to change this state of affairs bogged down.

Virginia doesn't have a castle doctrine statute, but the case law on self-defense is such that you'd have to really screw up to get prosecuted for shooting someone in your own home. There's a lot more to that explanation, and it takes about three hours.

Frank also had some smart things to say about magazine retention and bugging out if society breaks down or the zombiepocalypse hits us. Then he said some more smart stuff. Good blog, now on the blogroll.

AR for Home Defense?

2010-08-11T16:33:00.005-04:00

A reader (and attendee at one of last year's legal seminars) writes to ask about whether the Great Black Rifle Buying Spree of recent years has removed the stigma possibly associated with using an AR-15 in a self-defense scenario.

This is a good question to ask in Northern Virginia, since one of the few instances of using an automatic weapon (yes, I know that AR-15's are not fully automatic, but bear with me) in self-defense happened in Fairfax County a little over 25 years ago. Gary Fadden used an AC556, the select-fire version of the Ruger Mini-14, to defend himself against a belligerent assailant that chased Fadden and Fadden's fiancee until they had nowhere else to retreat to. Massad Ayoob's excellent write-up is here.

Fadden believes that if he had used a pump-action shotgun to kill his attacker, then he wouldn't have been prosecuted.

So, is it unwise to put your AR in the closet as a tool to use against home invaders?

Two things to note on this issue.

First, ANY gun can be demonized by a prosecutor to allege that the defendant acted outside the bounds of self-defense or was otherwise up to no good. Harold Fish was walking a trail in Arizona in an area where mountain lions roam, armed with a 10mm loaded with hollowpoint ammunition. If you were to ask me what gun to carry for mountain lion, I would tell you to carry what Fish had. Yet when he killed a man who charged him on the trail with (presumably) murderous intent, the prosecutor railed on about what an overpowered gun Fish had and how the bullets he carried would violate the Hague Regulations (not the Geneva Conventions, a popular misconception) if used on the battlefield. Never mind that the cops in Arizona (and everywhere else in America) carry hollowpoints for the same reasons Fish did.

Second, there is no solid answer as to whether your particular choice of carry gun or home defense longarm will strike a jury as evidence of murderous intent. Harold Fish was demonized as a vigilante and convicted of murder in Arizona, not San Francisco. The jury selection process makes a big difference in this regard, and you never know what you're going to get. I suspect that the concealed carry revolution of the 1990's and two Supreme Court decisions supporting a right to keep and bear arms for self-defense move the general direction of public support in favor of self-defense claims, but I also suspect that the urbanization of Northern Virginia makes it less gun-friendly than the rest of the Commonwealth.

If I decide to put a longarm (shotgun or black rifle) under the bed or in the closet, I'll use one of the action locks that GunVault produces: AR and shotgun versions available. And I'd put a light on it.

What are your thoughts on using an AR for self-defense?

By the way, I've scheduled two legal seminars for Saturday, October 23rd. If you want to get certified for a Virginia Concealed Handgun Permit, let me know and we can do range time afterwards, meeting the requirements for your permit AND giving you a good legal education on self-defense in the Commonwealth. Contact me if interested.

Brady Bunch Endorses Self-Defense

2010-08-09T19:02:00.002-04:00

Michigan man shoots at five would-be robbers who accosted him in his driveway. Which would be illegal under the new Chicago gun regulations. Peter Hamm of the Brady Bunch says it was justified.

Alphecca:

Well that’s a Kodak moment. Of course, if it were left to the Brady Bunch, the hurdles to legal gun ownership would be so difficult that only movie stars and politicians could jump them. AND, all you could own is, maybe a .22 or an Airsoft rifle.

A lot more on the contradictions inherent in Brady Bunch positions from Linoge.

Only Bacon Could Improve This

2010-08-06T18:45:00.000-04:00

Proficient firearm handling, high quality video, and Johnny Cash for a soundtrack. Only the addition of bacon could make it better. H/T ENDO

Shooting Guns Out of Hands

2010-06-08T15:33:00.003-04:00

Shooting a gun out of someone's hand or "shooting to wound" is a bad idea for a number of reasons. Yet the New York State Assembly was trying to mandate that officers do just that.

Commissioner Ray Kelly invited City Council members to the range to show them how hard it is to do what they are considering.

This is what it comes down to when people who know nothing about guns try to write laws to govern them.

In related news, microstamping just passed the Assembly.

UK Spree Shooting

2010-06-08T15:23:00.003-04:00

PDB has some thoughts on the spree shooter in the UK. Guy ran around with a shotgun for three and a half hours capping people. While the gutless bobbies followed him around and didn't engage him.

The police aren't responsible for your safety. You are. Carrying isn't a cure-all, but it sure helps.

Restaurant Carry

2010-06-08T14:38:00.002-04:00

First Virginia (takes effect 1 July) and now Tennessee passes restaurant carry reform.

Over the governor's veto.

Again. (H/T Sebastian)

Gun Show "Loophole" Bills Update

2010-01-31T10:35:00.003-05:00

As Sebastian notes, a measure to close the "gun show loophole" failed in the House Militia, Police and Public Safety Subcommittee. Though this was not the only legislation trying to shut down private sales at gun shows, it likely means that the effort is dead this year.

HB1234, the bill that was voted down, and SB595, its Senate companion, have a very broad definition of "firearms show vendor" that included anyone who sold any firearm at a gun show, including in the parking lot outside. This was likely prompted by the 20/20 segment where Omar Samaha was able to buy a gun in a gun show parking lot. Good riddance.

However, HB520 is still sitting in the same subcommittee. It requires anyone who arranges for a fixed location from which to sell, transfer, or exchange firearms at a gun show to have a Federal Firearms License (FFL). This isn't a sea change - I'm pretty sure most people with booths have FFL's already. However, it requires anyone who sells three or more firearms, regardless of having a booth or not, to have an FFL. While I think that the gun show push is an uphill one, this bill has an incrementalist approach that gun rights supporters need to watch out for.

As always, the VCDL Legislation Tracking Tool is a good place to keep an eye on these things.

Virginia Church Carry Ban

2010-01-27T23:45:00.004-05:00

One of the proposed bills (HB 106) in the Virginia legislature repeals both the restaurant carry ban and the ban on carrying a concealed handgun at a house of worship where services are occurring "without good and sufficient reason."

When I teach my legal seminars, I am up front about the church carry ban. I have no idea what constitutes a "good and sufficient reason." Neither does anybody else.

I strongly suspect that this is a variation of the "Black Codes" that Uncle and Thirdpower are highlighting. The Black Codes kept Blacks disarmed in the South after Reconstruction faded away. Georgia was one of the first states to offer a handgun carry permit - an excellent way to restrict who was carrying based on race. Bans on carrying to church grew out of the fact that once Blacks had guns, the Klan wanted a place where Blacks could be assembled and disarmed.

I've wanted to find the legislative history on this statute for a while and write a law review article on how its discriminatory nature makes it unconstitutional. I'd be happy if they just repealed it instead.

Good Year for Gun Rights

2010-01-27T19:10:00.002-05:00

With a gun freedom-friendly governor in office and a bevy of gun bills (both good and bad) this year promises to be an interesting one in Virginia gun legislation. The Virginia Citizens Defense League (VCDL) has a handy legislation tracker here.

Roundup on VCDL Lobby Day

2010-01-24T22:58:00.002-05:00

Sailor Curt has a roundup of the 2010 Lobby Day in Richmond. With a gun-friendly majority and McDonnell in office, I hope for a good year in Virginia gun legislation.

Indiana Parking Lot Bill

2010-01-24T22:25:00.002-05:00

Indiana has a bill pending that would allow employees to keep a firearm in their car on the employer's parking lot. Caleb has the rundown with some relevant links from Oklahoma, Florida, and the Department of Labor.

Weapon of Mass Destruction or Sawed-Off Shotgun? Yes!

2010-01-11T16:55:00.003-05:00

Tam has a post up on the somewhat goofy terminology statutes use to define explosives. A man in Arkansas set off a car bomb and was charged with use of a "weapon of mass destruction." Same with the Undie-Bomber. No nukes involved in either case.

I'll give you one better. North Carolina defines a litany of things as a "weapon of mass destruction" - including short-barreled rifles and shotguns. It's not a post-9/11 development, either. Here's a pre-9/11 case interpreting the statute on appeal.

Mayor Bloomberg's Blueprint for Gun Control

2010-01-01T15:04:00.002-05:00

Pretty scary stuff - Bloomberg's plan is to push the regulatory powers over firearms to the max, which doesn't require a vote in Congress. Via Sebastian at Snowflakes in Hell.

Barista pulls gun on would-be robber

2010-01-01T14:59:00.001-05:00

Don't mess with this barista. Video at the link.

Security Guard Attacks Open Carrier

2010-01-01T14:50:00.003-05:00

Yes, you read that right. An open carrier in Georgia gets attacked by a security guard at a big box store. The OC'er promptly knocked out the guard and the cops show. Reading through the posts (so you don't have to) the OC'er won't be charged with anything.

Back to the blog!

2010-01-01T14:48:00.001-05:00

I've been away from the blog for a while - my day job kept me away - but I'm back.

Med Student Kills Thief with Samurai Sword

2009-09-16T08:54:00.002-04:00

Yes, you read that right. Go check out this post at the lawblog The Volokh Conspiracy and read the comments. Best one so far:

"I would charge him with being unbelievably awesome. The penalty would be appearing in a movie based on his exploits."

Self-Defense and Negligent Discharge Stories

2009-09-03T23:55:00.003-04:00

A South Carolina resident gives his story on how a Glock 27 saved his bacon here. Pretty good write-up, warts and all. (H/T Sebastian)

Two men involved in a negligent discharge at a gun show get community service.

North Carolina case: would-be burglars chased off, man who fires shots at them as they are leaving is cited for discharging a firearm within city limits.

IDPA Indoor Nationals

2009-09-03T07:30:00.002-04:00

Here's a Shooting USA clip on the 2008 Smith & Wesson IDPA Indoor Nationals. Great low-light scenarios every year at this match.

Asserting Your Rights

2009-09-02T09:30:00.002-04:00

The excellent Flex Your Rights organization spells it out. Text at the link, video below:

Why You Shouldn't Talk to the Police

2009-09-01T08:30:00.000-04:00

Here's a good law professor-cop duo spelling it out for you.

Police Officers and Gun Safety

2009-08-30T21:31:00.003-04:00

We are often told that only military and law enforcement personnel should have guns. Here's a golden oldie from a decade ago after D.C. police switched from revolvers to Glocks.

I recommend reading the whole thing, but let's just see how many of the Four Rules the officers clearly violated, often with catastrophic results. Italics below are mine.

Rule One: All guns are always loaded.

The first accident occurred in February 1989 – less than a month before the
guns reached officers on the street. Officer Adam K. Schutz was helping to test
and clean the first shipment of guns when he shot himself in the fingers.
"It bit me," said Schutz, who was left with permanent damage to a finger on
his left hand. "I was moving my hand to lower the slide and it jumped forward. I
had assumed the gun was unloaded."

Keep in mind that this is someone in the armorer's shop. It gets better.

Rule Two: Never let the muzzle cover anything you are not willing to destroy.

In January 1994, homicide detective Jeffrey Mayberry shot Officer James Dukes in
the stomach at police headquarters. "I hear a loud bang and Dukes is slowly falling to the floor," Detective Joseph Fox, Mayberry's partner, said in a deposition. "Jeff jumps up and says, 'Dukes, I didn't mean to do it, I didn't mean to do it.' "
Dukes said in a recent interview, "He was playing with the weapon. This was the second time I had told [Mayberry] during that tour of duty not to point the weapon at me."

Sorry, dude. Didn't mean to sweep you with my Glock and plug you in the gut.

Rule Three: Keep your finger off the trigger until your sights are on the target.

In October 1990, Officer Edward Wise fired accidentally and grazed a man's
head during an undercover drug operation at a Southeast Washington housing
complex, according to police and court documents. Wise said he had been
struggling with the man, Barry Braxton, who was unarmed. Braxton sued and
collected a $55,000 settlement from the District.
Sabrina Whittle, who was
Wise's partner, said in a recent interview that she and her partner were not
taught to keep their fingers off the triggers of their Glocks unless they
intended to fire.
"The most we had to go on was common sense," said Whittle,
then a 21-year-old police rookie, now a security guard. "It was dark and late
and we were scared. I know that, both of us being scared, he had his finger on
the trigger. Obviously, [with] your finger on the trigger, you're
prepared."

Yes, prepared to accidentally shoot someone. The fact that this is in the paper and not buried in some investigation report, and that the former officer doesn't realize how wrong-headed it is - eesh.

Rule Four: Be sure of your target and what is beyond.

In March 1993, Officer Lakisha Poge fired a round through her bed while
unloading a Glock in her apartment, a police report states. The bullet went
through the floor and hit Glowdean Catching in the apartment below. Catching,
who was wounded in both legs, has a suit pending against the District. Poge, who
has left the department, could not be reached for comment.

In this officer's defense, you could do worse than a bed and a floor as a backstop.

There is nothing magical about being in the military or carrying a badge along with your gun. There are people who invest in safe gun handling and proficiency. Sometimes those people happen to serve in the military or in law enforcement agenices. Sometimes they don't.

Link Rodeo 8/28/09

2009-08-28T09:30:00.001-04:00

Rock, paper, scissors. Real gun trumps nail gun.

ATF changes its mind and will consider permanently attached 1.5" muzzle brakes as part of barrel length to meet the 16" minimum for rifles. In related news, I am not a federal felon.

David Hardy provides a link to the new NRA guide to interstate transportation of firearms and some coverage of the suit against the NYC/New Jersey Port Authority for arresting travelers at airports even though the TSA has said that they are transporting firearms in accordance with federal law.

Negligent Discharge in Virginia = Class 1 Misdemeanor

2009-08-27T22:49:00.004-04:00

I talk about this in my legal seminars, but you don't hear about too many of these incidents. A guy dropped his Glock, tried to catch it while it was falling, and caused a Negligent Discharge (ND). (H/T Uncle)

The posting at AR-15.com is already at eight pages of discussion, but the bottom line is that if you put a round through your wall and it goes through the next three townhouses, expect the law to get involved. Also, Glocks have internal safeties that prevent a discharge upon impact with the floor. Let it drop.

Emergency 911 Cell Phones

2009-08-26T08:32:00.001-04:00

In my post on Go-Pants I mentioned the importance of having a cell phone (or pocket to carry one) in your home defense kit. In this post, I'll discuss a gadget that makes this easier.

But first, let me clarify: though I didn't mention it, I was certainly armed when the suspicious character in my Go-Pants post knocked on the door. I wouldn't answer the door under these circumstances unarmed. Sebastian voiced this concern, I just wanted to set the record straight.

Back to helpful gear. In this comment, Joe recommends having an old cell phone handy because all cellphones are required to dial 911 free of charge. Sounds like a good idea. I'll have to dig up an old phone and keep it handy.

If you don't mind paying money for an emergency phone, the folks at 911phone.net have you covered. A student brought one of these in to my last legal seminar on self-defense laws in Virginia, and it seemed pretty useful. It comes with a neck lanyard (all the better to record your defensive encounter with while keeping your hands free to manipulate a handgun, flashlight, and guide loved ones to safety) and a single button preprogrammed to dial 911. The price seems a bit steep - $189.95, but there are no monthly fees associated. I'm not sure on dropping the scratch to get one, but if price were no object the simplicity of it is hard to argue with. Here's a picture:

Anyone own one of these things? Is the money worth it or is there some charitable cell phone recycling program that achieves this on the cheap?

Don't Brandish in a Bank

2009-08-26T08:14:00.000-04:00

You'd think this would go without saying, but some guy in Florida did so rather innocently. In an open carry state like Virginia this is less of a problem, but since Florida has no open carry even casual exposure of a concealed handgun is a big deal. Read the whole thing. (H/T Robb)

MSNBC on Open Carry

2009-08-25T22:57:00.002-04:00

MSNBC has a reasonably balanced article up on open carry. It starts and ends with an account of the Golden Market shooting down in Richmond, but has a bunch of GOA/SAF/Brady Bunch wrangling in between. On the upside is a parting word from the stop'n'rob clerk from the Golden Market now practicing open carry on a daily basis.

George the Travelling Salesman and the Joy of Go-Pants

2009-08-21T00:12:00.005-04:00

A story about pants compelling enough to make Robb wear some.

A couple of weeks ago an odd fellow dropped by the house late on a Saturday night claiming to be a travelling salesman named George. He wasn't much of a salesman, and it seemed like a ruse to determine who was home that night and who wasn't. Plus, there was a white van trolling the neighborhood that was probably linked to George. Presumably it contained his accomplices who had plenty of cargo space in their vehicle to cart off televisions and the like.

I called the cops and suited up in my Go-Pants.

What are Go-Pants? Somewhere in between not being armed and strapping on a tactical vest and an AR-15 to survive the zombiepocalypse is a useful set of tools to deal with the problems that present themselves on a more regular basis. If you are out and about running errands, it may be a concealed handgun, a spare magazine, and a cell phone. When things go bump in the night it helps to have an emergency kit set up to deal with it. I'm a firm believer in being able to wear my emergency kit - my Go-Pants.

Go-Pants are what I have staged under my bedside gun safe. Handgun is locked up in a small safe, loaded and equipped with a rail-mounted light. Go-Pants have a retention holster, magazine pouch, two loaded magazines, and a separate flashlight with a neck lanyard. Plus plenty of pocket space to hold a cell phone, keys, and identification. If I have to leave the bedroom during a break-in (not Plan A) I'll be wearing them.

Picture of said Go-Pants below:

Yes, technically they are Go-Shorts - it's summer. I've played with a different name for them, but Readiness Trousers doesn't have the same ring.

Here is Clint Smith of Thunder Ranch describing a similar concept, a pouch with a neck lanyard to hold your spare magazine, cell phone, light, and keys:

The great thing about shooting competitively is that this is essentially my IDPA competition rig. So, all that time spent standing around with a gun on one hip and two magazines on the other isn't wasted - my magazines are where I am used to them being and I've got tools to deal with a lot more than I do with just a gun.

Back to George the Travelling Salesman. The police showed up and took him into custody for unlicensed soliciting. When they came to the door to take a statement from me, I stepped out on to the porch with my Go-Pants on. This is another advantage over carrying your defensive handgun around, a legal one. Open carry is legal in Virginia, but it ought to be done sensibly when the police are called to your location to investigate suspicious activity. A conversation with the police with a gun on your hip and one with a gun in your hand are two entirely different experiences. I'd bet there's a pretty clear change in tenor when you walk out of the front door with a gun in your hand.

Feedback from a friend in law enforcement advises me that I ought to add a cover garment to my kit to avoid being mistaken for the suspicious activity the police are looking for. This seems sensible, especially if something drew me out of the house while they were on their way. I can't think of what that might be, but it's a good reason to stage the whole IDPA kit, vest and all, under the nightstand.

Feel free to give some feedback on what I ought to add to the Go-Pants kit. Does anybody else keep a similar setup handy?

Legal Seminar on 26 September; 9:30 am and 2:00 pm

2009-08-17T21:03:00.003-04:00

**Class announcement**

Defensive Force Instructors, LLC is holding two legal seminars on September 26, 2009; one at 9:30 am and one at 2:00 pm.

Seminars are held at the Marriott Courtyard near Dulles Airport. Location information is available here.

Cost is $75, $65 for members of the Virginia Citizens Defense League (VCDL).

Please contact me to reserve a spot; this class will be limited to 20 people. Email me for reservations and billing information.

For the cost of 200 rounds of .45 ACP (if you can find it) you will get a much deeper understanding of self-defense in the Commonwealth of Virginia from an attorney. Plenty of shooters are willing to invest in their shooting skills but not many invest in their understanding of the legal boundaries of self-defense.

The seminar covers the following topics:

Purchase and possession of arms in the Commonwealth of Virginia
General legal guidelines for the use of force
Justification versus Excuse
Self-defense
Virginia's lack of a "castle doctrine" - and why it (mostly) doesn't matter
Defense of Others
Defense of Property
What is "open carry" and what is "concealed carry" in Virginia? Not quite what you think.
Interacting with Law Enforcement Officers
Travelling armed: planes, trains, and automobiles
What to do when in other jurisdictions: a practical "travelling" mode for reciprocal states

The travelling part is not just one subject; it is covered throughout the brief so that students have an idea how to deal with the laws governing self-defense in other states. The important part is knowing how they generally differ from Virginia (and they differ a lot).

A legal seminar is not a concealed handgun course - it is a legal class on the statutes and case law governing the open or concealed carry of a handgun. This DOES NOT meet the Virginia Concealed Handgun Permit (CHP) requirements. Rather, this is intended for people who already have a CHP but are not versed in the law. If you received your CHP after a basic concealed handgun course with no discussion of the legal implications of using a handgun in self-defense, this is for you.

Disclaimer: The information provided in the seminar is not intended as individualized legal advice. I am not your lawyer. You are not my client. Participation in this seminar is expressly intended NOT to create an attorney-client relationship. Students will sign a waiver and agree to hold harmless Defensive Force Instructors, LLC before class starts.

22 August Legal Seminar Full; Announcing September Seminar Soon

2009-08-05T23:16:00.003-04:00

The Legal Seminar scheduled for 22 August is full - both the morning and afternoon sessions. I will be announcing a seminar in September on Monday. Stay tuned.

Northern Virginia IDPA and USPSA Matches

2009-08-04T23:00:00.001-04:00

Here is an updated list of Northern Virginia area IDPA and USPSA matches:

First Wednesday of the Month
Silver Eagle Group, 703-723-5173
44620 Guilford Dr
Ashburn, VA
Juan La Luz; Home: 703-850-6688; Work: 703-723-5173; Fax: 703-723-4979

First Sunday of the Month (March through November)
Fredericksburg Practical Shooters
Behind soccer fields
http://www.fredericksburgps.com/

Second Wednesday of the Month
Blue Ridge Arsenal
14725-K Flint Lee Road
Chantilly, VA
703-818-0230; blueridgearsenal@aol.com
Malcolm Blundell; malcom.blundell@verizon.net

The Range
IDPA @ 6PM OR 7PM> SIGN-UP IN ADVANCE THE SUNDAY BEFORE BY PHONE
62 Potomac Creek Drive
Fredericksburg, Va. 22405> Phone (540) 720-5922
http://www.indoorrange.com/events.html

Second Saturday of the Month, 9:00 am
Black Creek IDPA, $20
4292 Range Rd
Mechanicsville, VA 23111
http://bcidpa.wordpress.com/

Third Saturday of the Month, 8:30 am
Rivanna Rifle and Pistol Club IDPA
1570 Old Lynchburg Road
Charlottesville, VA
David White; Home: 434-985-8299
Meg Rogers; Home: 540-672-1033; Work: 540-785-7860
http://www.rrpc.org/idpa.php

Third Sunday of the Month, March through November
St. Charles Sportsmans Club
Andrew White, Severna Park, MD 21146
Home: (410) 544-0408, Work: (301) 877-8884, Fax: (301) 877-0914, andrew_f_white@yahoo.com

Third Sunday of the Month, March through November
North Mountain Practical Shooters
Located at the Shenandoah range at Lebanon Church (near Winchester)
Alan Meek; area8ad@gmail.com

Fourth Wednesday of the Month
The Range
IDPA @ 6PM OR 7PM> SIGN-UP IN ADVANCE THE SUNDAY BEFORE BY PHONE
62 Potomac Creek Drive
Fredericksburg, Va. 22405> Phone (540) 720-5922
http://www.indoorrange.com/events.html

Fourth Sunday of the Month, 9:00 am
Cavalier Rifle and Pistol Club
Montpelier, VA (see map on website)
Andy Sweeney; Mobile: 308-909-6581
Thornton White, Jr.; Mobile: 804-305-7778
http://cavrpc.org/index.htm

Last Saturday of the Month, 9:00 am
Black Creek 3-Gun, $15
4292 Range Rd
Mechanicsville, VA
804-781-0267
http://dominionshootingrange.com/bc3g/

I am adding this to the side of the blog in a permalink.

If anyone has any to add to this or corrections on contact information, email me.

Hampton Roads Shooting Ruled Justified

2009-08-04T00:32:00.003-04:00

The Hampton Roads shooting I posted about earlier prompted no prosecution. The store owner that shot the thief at his place of business will not be charged.

Recidivist Horse Rapist

2009-08-04T00:24:00.002-04:00

Now that the title caught your attention, Jonathan Turley has the story. Dude.

Glock Grips and Transitioning from G17 to a G21

2009-08-03T09:39:00.001-04:00

Had a significant emotional event in my neighborhood Saturday night, one that warranted calling the police to report some suspicious activity. Had the Glock 21, a double-stack .45, on my hip. I figured this was as good an excuse as any to take the 21 out to the range on Sunday instead of the Glock 17 9mm.

My shooting was printing consistently left of where I aimed, which according to this diagram is indicative of the trigger finger not being far enough on the trigger. I attribute this to the heavy range time I get with the slimmer grip of the G17. Though the grips are similar, I wonder if the muscle memory I have on the slimmer grip makes my not put my finger in to the trigger guard far enough on the G21.

Which brings me to the subject of the Glock 21 Slim Frame. Does anybody own both a 17/22 and a 21SF? How much difference is there between the two grips? Is it worth getting a 21SF to reduce the amount of difference between my 9mm grip and my .45 grip?

National Concealed Carry Reciprocity Defeated

2009-07-28T19:29:00.004-04:00

Been away from posting for a while. In case you missed it, the attempt to add nationwide concealed carry reciprocity as an amendment to the defense authorization bill failed. Sebastian has the whole story.

Thune Amendment Wednesday Morning

2009-07-20T21:42:00.003-04:00

So, I'm all settled in to watch debate on the national concealed carry reciprocity amendment, wishing I had a bag of microwave popcorn, when Harry Reid pushes consideration of Senator Thune's amendment back to 9:30 Wednesday morning, debate ending at 12:00. 60 votes required to pass it.

Thought you might like to know.

Harold Fish Will Not Face a New Trial

2009-07-20T09:38:00.001-04:00

David Hardy at Of Arms & The Law has the story. My previous post on Fish's case here.

Lead Dispenser

2009-07-19T09:49:00.000-04:00

A stakeout in New Jersey turned into a two-way live fire reenactment of the bank robbery scene from Heat. One of the now-deceased badguys used a Mossberg pump shotgun to wound several officers, a couple severely. The Jersey City police chief has some *insightful* commentary:

"We need help to stop these weapons from hitting the street," said Police Chief
Thomas Comey. "This weapon is manufactured for nothing other than to hunt man."

Come on, now. This is the darling of gun controllers everywhere. After all, if you have a pump shotgun, the sine qua non of self-defense firearms according to self-identified gun haters who don't know anything about guns and don't care to learn, you don't need that evil handgun.

This was an argument advanced by the District of Columbia in the Heller case, and one rightly rejected because you can do one critical thing with a handgun that you can't with a shotgun - hold a home invader at gunpoint with one hand and dial 911 with the other.

David Codrea has some related commentary here. Along with a photo of a Mossberg pump shotgun equipped with an ACOG scope meant for engagements beyond 200 meters. Not a setup I use or endorse, but it looks really cool.

The bottom line is that with the right training, any firearm can be an effective tool. Even one with a manually operated action. A lead dispenser is a lead dispenser is a lead dispenser. Allow me to illustrate.

Here's video of Xe's shotgun course and some dude slinging a pump like nobody's business:

Army Marksmanship Unit shooters demonstrating speed reloads:

Practice makes perfect, as the titular competition shooter demonstrates. If you compete in cowboy action shooting, you take a stage name. I present the aptly-named "Lead Dispenser."

Reloads

Shooting a Stage

Playing Music With Steel

Interstate Carry and "Travelling" Mode

2009-07-16T23:44:00.003-04:00

Caleb has a good post up on the differences between Indiana and Michigan concealed carry statutes. Bottom line: don't drink while you're packing in Michigan.

As reciprocity grows, concealed carry requires taking the law of other states into consideration. As a minimum, I consider the following questions before taking a road trip through another state:

1. Is my permit reciprocal/honored? If no, don't carry. Comply with 18 USC 926A. Also, is there a state AWB magazine or ammunition problem with my carry gun?
2. As a fallback, is there an allowance for a gun in the glovebox without a permit?
3. Can I carry into a restaurant that serves alcohol?
4. What is the law on open carry? I say this last one reluctantly - while OC is legal in Virginia and required in restaurants, it is legal but unexercised in other states and will get you a whole lot of unwanted attention.

Part of carrying interstate is also having an idea of what a default set of defensive force laws looks like across the US. I teach this in my concealed carry classes - Virginia law versus what most everyone else does for self-defense. Other states might look to the Model Penal Code for guidance, but not Virginia; we're still living in the year 1620.

On a related note, I am putting on a legal seminar on Saturday, August 22. More information here.

DC Handgun Purchase Info

2009-07-16T00:05:00.002-04:00

I received a question from a District of Columbia resident about purchasing a firearm. Here is the skinny.

There is one FFL in DC, Charles Sykes. He is available at 301-577-1427. He does not have a storefront yet and runs his business by appointment only.

Someone more knowledgeable with the process described it as such:

1. Go to DC Metro Police Department (MPD) on Indiana Avenue and pick up a gun registration form.
2. Go shopping for a handgun wherever you'd like to buy one, e.g. gun store in MD or VA. The gun store should be able and willing to send the gun to Sykes.
3. Make an appointment with Sykes, who looks at the gun, takes $$$ from your friend, and autographs/fills out the form.
4. Go back to DC MPD with the executed form. They approve it, and you go back to Sykes and pick up the gun.
5. Take the gun to MPD, they shoot some rounds out of it, and give it back to you.

Note: the District requires a safety course as well. Minimum requirement is 4 hours classroom and 1 hour range time. I recommend Piedmont NRA Instructors' NRA Basic Pistol Class.

The DC MPD website on gun registration is available here. Thanks to the litigation efforts of Alan Gura, District residents are now able to purchase pistols on the California, Maryland, and Massachusetts handgun lists.

Calling 911 in the Woods

2009-07-15T09:33:00.000-04:00

That would be nice. Thing is, if you need them right now it's too late for a phone call. Brigid has a post up on her walkabout carry rig, a Sig P220 in a Blackhawk SERPA holster.

Some trainers don't allow you to use a SERPA holster in their courses. The theory is that the trigger-finger release lever translates into trigger-finger on the trigger. Which translates into accidental discharge.

I don't have a problem with the SERPA, and use it for open carry. As I've said earlier, I prefer a hybrid holster for concealed carry. Any thoughts on the SERPA? Anybody else see a safety issue with it?

Open Carrier Plugs Robber/Spree Shooter

2009-07-15T08:32:00.001-04:00

Robbery halted by an armed citizen in Richmond. It seems the robber shot the shopkeeper and threw hellfire and brimstone at some customers for being in the wrong place at the wrong time. A friend of the shopkeeper was open carrying a single-action cowboy gun and fired once, dropping the armed robber. While this does fulfill some of the imagery of the "Wild West" gun control propaganda, it's hard to disagree with the result.

VCDL Blog has the inside story:

On Saturday, a violent criminal shot a store clerk, had the customers in the store lined up, and while reloading his revolver told the customers that he was going to kill them all.
Then a person open carrying a single-action Colt .45 came in and shot the criminal in the stomach, saving at least six or seven lives. I received a detailed account from a VCDL member who was at the scene (but not the person with the .45).
One of the things I was told is how some of the customers were telling the police that the open-carrier was a hero and how he saved their lives.
If that's not being a first-responder when no one else was there to help, I don't know what is.

It appears that the would-be bandit will be charged with attempted robbery, use of a firearm, and (predictably) possession of a firearm by a felon.

America Going Green

2009-07-14T19:18:00.003-04:00

Well, on this map anyway. Uncle reports that the Arizona governor has signed into law a repeal of their restaurant carry ban. Arizona goes green on September 30, Tennessee just went green, and hopefully Virginia will follow suit by this time next year.

41 states allow restaurant carry of some kind; this will make it 42. Kind of puts into perspective that whole "guns in restaurants = booze-fueled mayhem" claim that gun controllers keep pushing.

Legal Seminar August 22nd

2009-07-14T09:39:00.000-04:00

I have scheduled a legal seminar on Saturday, 22 August, from 10am to 1pm. The seminar will be held at the Marriott Courtyard near Dulles Airport. Location information is available here.

Cost is $75, $65 for members of the Virginia Citizens Defense League (VCDL). Please contact me to reserve a spot; this class will be limited to 20 people. Email me for reservations and billing information. Bring pen and paper to take notes.

For the cost of 200 rounds of .45 ACP (if you can find it) you will get a much deeper understanding of self-defense in the Commonwealth of Virginia from an attorney. Plenty of shooters are willing to invest in their shooting skills but not many invest in their understanding of the legal boundaries of self-defense.

The seminar covers the following topics:

Purchase and possession of arms in the Commonwealth of Virginia
General legal guidelines for the use of force
Justification versus Excuse
Self-defense
Virginia's lack of a "castle doctrine" - and why it (mostly) doesn't matter
Defense of Others
Defense of Property
What is "open carry" and what is "concealed carry" in Virginia? Not quite what you think.
Interacting with Law Enforcement Officers
Travelling armed: planes, trains, and automobiles
What to do when in other jurisdictions: a practical "travelling" mode for reciprocal states

Powerful Stupid

2009-07-14T08:32:00.000-04:00

Robb links to an Examiner column on the Second Amendment, by some guy in New York who claims that the Second Amendment never intended to protect an individual right to keep and bear arms. More nonsense in his earlier article.

Totally ridiculous. He engages in an ahistorical history lesson to tell us that the Founders meant arms for military service only when they clearly didn't, cites one retired justice for the proposition that the Second Amendment doesn't protect an individual liberty, and parses the words of the Second Amendment to say that they have a clearly military meaning.

Heller put all of these kooky revisionist history theories out to pasture. This is flat Earth theory at its finest.

Had he been present at the Constitutional Convention and pushed this viewpoint, one of the Founders would have hauled off and shot him.

Related: I previously wrote on how a militia-centric view of the Second Amendment would not have the effect that gun control proponents think it would.

Don't Try This At Home. Please.

2009-07-13T22:19:00.002-04:00

Brillianter has a video up of someone using a Glock 18 (the full-auto machine pistol) with a foregrip on it. He loses control and shoots himself in the hand.

I'm pretty sure the foregrip makes it an AOW (Any Other Weapon) and requires ATF paperwork. Feel free to correct me if I'm wrong in the comments.

Amendment to Allow Guns in Public Housing

2009-07-09T23:42:00.004-04:00

A House panel voted to add an amendment allowing guns in public housing. This is a huge policy shift - the Clinton administration made a big deal out of barring guns for Section 8 residents, along with requiring them to submit to warrantless searches and such. It's enough to make you think that the gun control was somehow linked to people control generally...

Money quote:

Carolyn McCarthy , D-N.Y., a longtime gun control advocate, said opponents of the Price amendment would try to remove the language from the bill at a later point
in the legislative process, without subjecting the issue to a recorded vote.

“What we’re trying to do will not involve votes,” McCarthy said.

Wow. Democrats are crossing the aisle to vote for this, and all she can do is hope to kill it procedurally.

Not only are we winning, we are crushing them.

Link Rodeo 7/10/09

2009-07-09T23:22:00.002-04:00

Claire Wolfe's thoughts on civil unrest

Alphecca on the claim that only cops should have guns; Michigan AG defends joining the amicus brief at the Supreme Court supporting incorporation of the Second Amendment

Sebastian on the AHSA false flag endorsement of Sotomayor

Retired Marine Thwarts Robbery; Felony Murder is a Harsh Mistress

2009-07-08T22:46:00.005-04:00

Old news story (2007) with a legal twist to it.

So this 71-year-old former Marine named James Lovell is at a Subway restaurant in Florida when a significant emotional event transpires:

While John Lovell was finishing up his sandwich around 11:15 p.m. last
Wednesday, two masked men armed with guns barged into the restaurant, according
to a statement from the Plantation police. After taking money from the register,
the two men turned to Lovell and demanded his wallet, police said.

As the two tried to force Lovell into the ladies’ room where he thought
he would be killed, the former Marine reached behind his back to grab his
.45-caliber handgun, which he fired seven times at the two men, according to the
police statement.

Donicio Arrendell, 22, of North Lauderdale, was fatally shot in the head
and chest. Frederick Gadson, 21, of Fort Lauderdale, ran from the store after he
was shot in the chest, according to the police statement. A police canine unit
found him hiding next to a nearby bank. He was sent to Broward General Hospital
and was listed in stable condition.

The only reason I can think of to take a stickup customer to the bathroom is an execution. The authorities did not charge Lovell with any crime. In fact, the law swings the other direction here:

Gadson was charged with felony murder and armed robbery. According to Florida
law, a person charged with a felony, such as armed robbery, resulting in death
can also be charged with murder.

This is the Felony Murder Rule. Under this merger theory, the getaway driver is culpable for the dead clerk as if he were the trigger man who dropped the hammer. Florida is one of several states that extends liability for the death of one your co-conspirators. So trigger man #1 is liable for the self-defense shooting of trigger man #2.

Result: Gadson gets 12 years. Will be released in 2019.

Pretty good shooting, too. The would-be victim gets the drop on two men who have him at gunpoint and hits both center-mass and one of them in the head.

Predictably, not everyone was happy with the outcome. The mother of the deceased criminal said that Lovell shouldn't have pulled the trigger.

I'm not sure what kind of course of action she is prescribing besides "die." Lovell had already given them his wallet. She asks that he give up his life.

Gun Nuts Radio

2009-07-08T22:35:00.002-04:00

Caleb and Breda discuss some politics and my post on the Harold Fish case over at Gun Nuts Radio.

Link Rodeo 7/8/09

2009-07-08T07:29:00.002-04:00

Frank James makes some good points about planning for self-defense while staying at a motel.

We're winning on "assault weapon" bans when the Sacramento Bee points out how stupid they are.

Tips from a lawyer on dealing with a visit from the ATF.

Majority of state attorneys general sign an amicus brief asking the Supreme Court to incorporate the Second Amendment against the states. Here's the ones that didn't.

Gun control group goes Tango Uniform in Iowa.

Lawsuit against Bushmaster over the DC Snipers' rifle has been dismissed.

Reasonable Fear, Self-Defense, and Carrying 10mm Handguns

2009-07-06T21:21:00.004-04:00

David Hardy over at Of Arms & The Law has a post up on the Harold Fish case. I'll give you his summary:

Fish was hiking, saw another guy, waved, other guy's dogs charged him, he fired a warning shot. Then the other guy charged him, crazed look in eyes, windmilling arms and shouting threats. Fish shouted to halt and, that having no effect, shot him fatally.

Fish was prosecuted for shooting the man. The Arizona legislature tried to help him out by passing a law shifting the burden in self-defense cases, but didn't make their retroactive intent clear. They just passed a new law making it retroactive to address the Fish case, but he has already had his conviction reversed. The law will impose the burden of disproving self-defense on the prosecution (instead of putting it on the defendant to prove it) in a new trial if the governor signs it into law.

Hardy highlights the odd nature of self-defense as a legal defense:

It's rather strange, I can't offhand think of another defense where what matters is what you *think*, but not how things *are*. To prove self-defense you must prove a reasonable fear that the other guy was going to inflict death or serious bodily harm.

This is not unique to Arizona, the jurisdiction where Fish prosecuted and sentenced to ten years in prison. Virginia has a parallel requirement. This is a judgment of what you knew at the time of the use of defensive force, not what may become available for presentation at trial. So when Fish shot Grant Kuenzli, he couldn't justify his actions on the screwdriver in Kuenzli's back pocket. All he had to go on was Kuenzli's verbal threats and that Kuenzli was charging him while whirling his arms in a windmill fashion.

It turns out that Fish had good reason to be afraid. As his defense counsel points out:

Witness after witness, in pretrial motions, and under oath, provided this Court with "specific act" evidence about the character for violence of Grant Kuenzli. The decedent raped and kidnapped [Rape Victim], then threatened her son with death as well as her mother and sister while hold [Rape Victim] and her son hostage in their home. The decedent, without any warning, assaulted and strangled [strangulation victim] without provocation and without warning. [strangulation victim]'s offense was simply delivering self help materials to [Rape Victim]. The decedent was involved in numerous violent or aggressive encounters with former police officers Steve Corich, John Boylan, and Lynn Bray at Mesa Community College. They were so troubled by these actions that they contacted defense counsel after reading news accounts of Kuenzli's death. The decedent had two aggressive confrontations with Placido Garcia who, through affidavit, described his fears to the court. Stephanie Quincy was so terrified of the defendant because of bizarre and threatening behavior over the telephone that she would not meet with him face to face unless he had cleared court security. Judge Clayton Hamblin had a twenty minute encounter in his courtroom that so terrified him that he warned court staff to be beware of Kuenzli and to be cautious of him. The judge feared that the decedent might shoot him through a window connected to his courtroom. Ernie Encinas terminated the decedent from employment at the Gilbert Fire Marshall's office because of repeated violent outbursts with Mr. Encinas, with fellow employees, and with customers of the town. The fear of Kuenzli was so prevalent that the Fire Marshall changed all of their locks at all locations at the request of Kuenzli’s fellow employees because of fears that Mr. Kuenzli would return and inflict harm. A mere two weeks before his death, decedent charged Steve James with James observing the same spastic arm movements, the terrifying anger and verbiage, and the irrational behavior that was seen on May 11, 2004. These specific acts were critical to show, on occasion after occasion, that rational people could not reason with Grant Kuenzli, that he had character patterns of uncontrolled violent behavior, and that Kuenzli inflicted terror in the minds and hearts of each of these witnesses because of his unpredictable volatility and patterns of violence and aggression.

Even though Fish didn't know any of the above when the shooting took place, it appears that Kuenzli probably conveyed an earnest (and unnerving) intent to kill Fish. Problem is that none of it was admitted at trial.

The prosecution also made hay about Fish carrying a 10mm handgun loaded with hollowpoint ammunition. In an urban area, that may not be your preferred carry gun. But on a hiking trail that is probably the caliber of choice. It's enough bullet to drop most any four-legged predators you may encounter, and the hollowpoint round is a good choice both for stopping power and to prevent overpenetration. As Massad Ayoob has said at length, overpenetration and hitting an innocent on the other side can bring a lot of liability. Let's be honest, 10mm FMJ is a hot round that makes Rule Four (be sure of your target and what lies beyond it) a serious consideration. There's a good faith argument that not using hollowpoints in a 10mm is reckless. But be prepared to make that argument in court.

All of this goes to show that even when you use force in what you believe to be justified self-defense, the justice system may see things differently.

California-Legal AR-15

2009-07-05T23:44:00.002-04:00

The Firearm Blog highlights a new California-legal AR-15 made by Daniel Defense. It has a magazine release that can only be triggered by a bullet tip or similarly-shaped tool so that it does not violate California's "assault weapon" ban.

While it's easy to make fun of re-engineering rifles to meet goofy legal standards, Daniel Defense deserves credit for supporting the gun culture in California. It's an uphill battle.

This interview with Alan Gura highlights the other front in the war on California gun laws: the District Court for the District of Columbia.

D.C. copied California's gun laws and pasted them into their own firearm regulations. This includes the roster of "safe" handguns that California maintains. Their definition of "safe" is pretty nonsensical; a gun that is perfectly "safe" in an all-black finish is "unsafe" in a two-tone finish. The District just relented and decided that they will expand the list to all guns similar to the ones on California's list as well as the guns on Maryland and Massachusetts lists and all guns made prior to 1985.

The Human Side of Self-Defense

2009-07-05T23:33:00.001-04:00

The Austin Gun Rights Examiner has a post up on the human side of self-defense. Read the whole thing.

Happy Independence Day

2009-07-04T15:54:00.002-04:00

Here's hoping that you have a happy 4th. Say a prayer for all the men and women overseas who are serving the world's oldest constitutional republic.

Interview with Alan Gura

2009-07-04T15:41:00.003-04:00

As a follow-up to my last post on the post-Heller world we are living in, here's a link to an interview at Reason with Alan Gura, the attorney who argued Heller at the Supreme Court.

California gun laws figure heavily in the push to drag Second Amendment jurisprudence into the modern age. Because the three-judge panel in Nordyke v. King held that the Second Amendment was incorporated against the states, California's list of "safe" weapons is being challenged as well as their "may-issue" concealed carry practices.

Volokh Article on the Second Amendment

2009-07-03T16:29:00.003-04:00

Lawprof Eugene Volokh has an excellent article posted at his blog, The Volokh Conspiracy. In Implementing the Right To Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda, Prof. Volokh lays out a framework for thinking about the Second Amendment now that courts can no longer ignore it.

Volokh makes the point that the traditional framework used for judicial scrutiny in other instances may not be appropriate for firearms. We use strict scrutiny for race, intermediate scrutiny for gender, and rational basis for other issues. This may not carry over well to firearm regulations, and Volokh does a good job of parsing out the kinds of constitutional standards that may develop.

Sebastian over at Snowflakes in Hell takes issue with the article's discussion of assault weapon bans. I will just note that the Heller case was a watershed event. We are no longer discussing lightweight "collective rights" arguments that write the Second Amendment out of the Constitution. We are having an honest discussion about the contours of a recognized individual liberty. After the Court gets around to incorporating the Second Amendment against the states we will see an even more rational public discourse on guns.

ATF going door-to-door

2009-07-01T17:33:00.002-04:00

In case you haven't seen this yet, the Houston Chronicle is reporting that ATF agents are going door to door to investigate guns bought near the border.

I expect this Mexican drug war thing to be the rationale for the next big gun control push.

A Couple of Interesting Cases

2009-06-30T22:43:00.004-04:00

In this post, Greg and Beth link to an attorney discussing a recent decision regarding a man in Florida convicted of unlicensed concealed carry. A man in the common area of his apartment complex was threatening everybody around with death and empty beer bottles, so he called 911 and confronted the man with his handgun. He holstered the handgun as police arrived, not wanting to have it in his hand and alarm the police and not wanting to leave it on the ground for the drunk assailant to pick up. The police show up and he is charged with ... wait for it ... carrying a concealed weapon. His shirt covered the weapon and his carry permit had expired - so it was unlicensed concealed carry. Open carry is illegal in Florida, period. So I don't know what the guy could have done. From the lawyer's write-up, it appears that his defense counsel wasn't that great and the appellate court opinion makes reference to the judge taking note of the defendant's demonstrated proficiency with guns several times. Anti-gun judge + bad defense lawyer = conviction?

In totally unrelated news, police officers arrived at the apartment of a woman fighting off her irate ex-boyfriend. Her restraining order didn't prevent his attack. Go figure. Anyway, the police show up as the ex is about to stab her and shoot at him. They end up hitting her and the police bullet is listed among the causes of death. Worse yet: she was pregnant.

No legal lesson there. Call your shots. Take ownership of your bullets.

Where do the Barretts Come From?

2009-06-29T19:00:00.006-04:00

The eeeevil .50 caliber Barrett sniper rifle is demonized regularly when gun control advocates are pushing for new gun laws to save our neighbors across the Rio Grande. Here's some representative hysteria from the Violence Policy Center. The LA Times has had better coverage than most, and the article at the link mentions all of the black market guns not coming from the US.

Where could these things be coming from? Perhaps these guys have an idea:

Here's the original link: http://www.daylife.com/photo/0gOz0x9ahZdAz

Caption: Mexican Army elite troops shout military slogans during the Independence Day military parade in Mexico City, Tuesday, Sept. 16, 2008.

Large numbers of Mexican soldiers have defected to the drug cartels and taken their weapons with them. 150,000 in the last six years. These guys have access to Barretts. Connection?

Wherein We All Get Free Rifles And Ammunition

2009-06-27T12:45:00.002-04:00

Over at the Coalition To Stop Gun Violence website, there is a post up on recasting the Second Amendment as a mandate for militia service. If executed faithfully, this would be a great idea, since every able-bodied male (probably females too, given sex-discrimination jurisprudence) would get a militia-compatible rifle, possibly a pistol, and a bunch of ammunition out of the deal. This new twist on gun control would actually increase the availability of guns and call into question the validity of any “assault weapon” legislation, since those are exactly the arms required for militia service.

The post says that Heller somehow provides a mandate to register all guns and, a la the Militia Act of 1792, all citizens would be enrolled in the militia. Apparently this is supposed to ban private sales of firearms and stop guns going down to Mexico.

A faithful return to the militia model of the early Republic won’t happen. However, the idea merits some discussion. I will cover the firearm implications, how a reduced standing army might impact our foreign policy, and what this new militia model is really about.

Uniform Militia Firearms (Rifles for Everybody)

When you read the Militia Act of 1792, you find that a good deal is about dictating force structure and armament of individual soldiers. If we are to move to a Swiss-style militia, this means our firearms and ammunition have to be compatible. And paid for by Uncle Sam if you can’t provide your own.

I’m not pulling this out of thin air. During my time in Afghanistan, I recruited, trained, and led a 128-man force of local militia in combat. I also trained, advised, and assisted three companies (about 200 men) of Afghan National Army soldiers at the Pakistani border.

When my detachment first began recruiting fighters, we had a room full of outdated and decrepit guns in odd calibers and very few magazines or machine gun links to string our bullets together. We didn’t have many bullets either.

My collection of oddball World War II-era machineguns was insufficient. I needed modern calibers, modern rifles, and compatible magazines. A renewed citizen militia would need the same.

This mathematical combination of Miller (the government can prohibit unregistered ownership of firearms unsuitable for militia service) + Heller (individuals have the right to keep and bear arms) dictates that privately-owned rifles be compatible with what our soldiers have.

The first requirement is ammunition. Militia rifles must be chambered in standard NATO calibers. If you want to get a large caliber hunting rifle, that’s on your own dime. Pistols would have to be chambered in 9mm or .45. Since these are the calibers the military stocks, we would have these available for citizens to practice with when they attend militia drills.

The second requirement is magazine compatibility. Magazine compatibility for pistols is not a strict requirement; the military purchases pistols from a number of manufacturers. Rifles are a different matter. Citizens would have to be able to feed their rifles with the 30-round magazine designed for AR-15 rifles, which are semi-automatic versions of our standard service rifle.

The other feature (or bug, to some) is that the federal government would provide weapons for those that could not afford them. As David Hardy notes, the Virginia Militia Act did this and the deliberations over the federal law took this into account; it was deemed unnecessary since there were so few men who did not have arms. That is not the case anymore – time for a bailout of the unorganized militia!

Reduced Standing Army

Our new “Homeland Security Militia Reserve Act” would have the advantage of making the United States impossible for a foreign army to invade and occupy. If we returned to the small standing army associated with our nation’s early days, we would also take ourselves out of the world policeman business.

The Militia Act of 1792 made sure we had decent defensive capabilities but limited our ability to engage in expeditionary warfare. The militias called up for the Spanish-American War trained up but many fought their deployment orders because they would be overseas when their mobilization periods expired. Several protested any deployment outside of their state borders.

The federal government responded by passing the Militia Act of 1903, also known as the Dick Act. The Dick Act moved state militias toward our modern National Guard model, with mandatory drills, annual training exercises, and unit inspections by regular army officers.

Later reforms further federalized the President’s control of part-time soldiers. Reserve units are completely under federal control. The National Guard and Naval Militia make up the “organized militia.” Though these are state units, the President trumps the state governor when they are federalized. Perpich v. Dept. of Defense. Able-bodied males and female members of the National Guard make up the “unorganized militia.”

The only units that remain under state control are State Defense Forces, state-organized units often made up of volunteers. Perpich makes the point that even these could be subject to call-up under federal statute.

So, a move to a militia system is a major restructuring of our military and might be a good thing. A return to universal part-time service and the limitations of a real “homeland security” militia make it impossible for us to wage wars of choice. There's no way you could convince the citizen-soldiers that we need to head off to another Somalia or impose peace in Darfur.

The Real Motive

Now that we’ve explored the real implications of a return to the traditional militia model, what is this all really about?

Gun control. This is explicit in the Coalition to Stop Gun Violence post: “There are no libertarian individual rights in a conscript military organization.” Once you own your guns pursuant to the federal militia authority, the chain of command makes gun control pretty efficient.

The problem with this idea is that it misreads Heller. Or doesn’t read Heller. It’s not like the answer is buried in a footnote. You can’t get past the syllabus without finding a flat refutation of this militia model. “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

Sorry if the title got your hopes up. I doubt a Second Amendment stimulus is in the works.

Pick My Carry Sights! Fiber Optic for Carry?

2009-06-25T23:24:00.011-04:00

I'm thinking of changing my carry sights. I'm thinking of something radical. Should I switch to an iron rear-fiber optic front carry configuration?

Here's the deal. I shoot competition with a full-size Glock, I carry a compact Glock. I'm committed to the platform because common ergonomics translate into proficiency when I switch between the guns.

But the sights are different. For competition, an iron rear with fiber-optic front works better than any other configuration I've seen. But I carry with a different set-up - TFO Tritium Fiber Optic Sights. I'll illustrate the spread of options here.

These are the "dot and bucket" factory Glock sights - the picture gives them more credit than they are probably worth because the front sight caught all of the flash. In a low-light defensive situation they probably wouldn't be worth that much.

Here are my competition sights - Heinie iron rear, Dawson Precision fiber optic front.

With a good amount of light the single red dot in front is very precise; it tracks, traverses, and stands out well against most any background.

The picture doesn't do them justice - the front sight really catches the light and focuses your vision. I've shot the Smith & Wesson IDPA indoor match with these sights; if you're using a flashlight or have a reasonable amount of ambient light the difference between this and a tritium sight is huge and in the fiber optic's corner.

Here are my current carry sights.

They are TRUGLO Tritium Fiber Optic (TFO) sights - a bit of tritium and a fiber optic rod to pick up the light the tritium puts off. Theoretically, they should be the best carry sights available. However, the big dots aren't very precise, and the front sight is fainter than the rear sights after a few years. Plus, I'm used to looking at one dot in a slot, not aligning three dots. I'm seriously considering moving to one dot made of fiber optic, one dot of tritium, or Heinie's top & bottom dot alignment.

If I switch to a new sight setup, what should I use?

Here are the options:

a. Be edgy! Heinie iron rear (ledge configuration for carry cockability) with fiber optic front sight

b. Heinie iron rear with tritium front sight

c. Be two-dotted! Heinie top & bottom dots

d. Be three-dotted! Meprolight three-dot
e. Do something else. I'll explain...

Please give your feedback in the comments.

Interesting Discussion on Self-Defense @ Volokh

2009-06-24T00:02:00.002-04:00

The last post mentioned self-defense. Here's an interesting discussion on the 7th Circuit's decision that the Second Amendment is not incorporated against the states at The Volokh Conspiracy:

Can Lethal Self-Defense, Even Against Threats of Death, Serious Bodily Injury, Rape, and Kidnapping, Be Made a Crime?

Suffolk Shooting

2009-06-23T22:55:00.004-04:00

A convenience store owner shot and killed an intruder this weekend down in Suffolk; the local newspaper headline notes that the suspected burglar was not armed with a gun.

The store owner claims that he shot in self-defense and I won't speculate as to whether it was or was not; the comments below the article are pretty vitriolic as it is.

What I will say is that he is in a significantly better position if the self-defense claim is deemed credible by the Commonwealth's Attorney or, if things go that far, the jury. The Virginia Supreme Court has held that brandishing a firearm in defense of your property is assault; it follows that using lethal force to protect your property may incur serious criminal (and civil) liability.

Jamaican Me Crazy

2009-06-23T00:05:00.005-04:00

I bet you're familiar with the "90% of the guns in Mexico" drumbeat from gun control corners. This has been debunked, but it persists.

Bet you haven't heard about the new push for gun control based on someone else's problems: Jamaica! Jamaica? Seriously?

Yes. H/T to Ride Fast.

By gun control logic, Jamaica has no excuse for gun crime problems. As Dave Kopel explains:

Jamaica played that card out when it replaced an already-restrictive gun
licensing system with the Firearms Act and the Gun Court Act of 1974. The Acts
provided for gun confiscation, house-to-house searches, incommunicado detention,
secret trials, warrantless searches and seizures, and mandatory lifetime prison
sentences for the possession of even a single bullet.

Gun courts sprung up in the Northeast, symptoms of a concerted effort to stigmatize firearms and ultimately their lawful ownership under increasingly restrictive gun control laws. Good thing we don't have anybody in a position of power who would summarily deprive people of their gun rights without due process:

Defensive Force Instructors, LLC Website is Up

2009-06-22T23:22:00.002-04:00

If you are interested in getting a Virginia Concealed Handgun Permit or in sharpening your skills in defensive or competitive shooting, visit the Defensive Force Instructors, LLC website.

We offer the following classes:
Virginia Concealed Carry
Legal Seminars
NRA Certified Classes
Competition Training

As a former Special Forces soldier, International Defensive Pistol Association Master-Class competitor, and attorney, I bring a lot to the classroom. You won't be disappointed.

If you have any questions, email me.

New Zealand on the Slippery Slope

2009-06-22T09:30:00.005-04:00

Sebastian points out that New Zealand has embraced the "assault weapons" nonsense and intends to make it harder to obtain semi-automatic firearms with pistol grips. Sebastian rightly notes that this is the wrong feature to focus on - perhaps a selector switch that allows fully automatic fire makes more sense.

Never mind all that - this is textbook gun control at work. Go check out the Violence Policy Center's website. The conclusion to their study on "assault weapons" says it in black and white:

The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase the chance of public support for restrictions on these weapons.

More "common sense" gun control at work. Expect some Mexico nonsense to make this issue come back on the home front.

Hybrid Holsters

2009-06-21T13:09:00.010-04:00

A recent gunblog dustup centered on the utility of nylon holsters. James at Hell in a Handbasket says that "real men carry nylon." Ahab disagrees:

The point is that cheap nylon holsters don’t hold the gun in a consistent location. For self defense or competition shooting, the butt of the gun needs to present in the same place every time, regardless of whether or not you’ve been moving around, getting in or out of a car, etc.

Tam stressed the need to have a belt and holster that work well together. Sebastian says we should all take a chill pill.

I have had positive experiences with carrying in a hybrid holster. The base of the holster is leather, giving a flat surface against your hip. A kydex shell is bolted to the leather base, along with belt clips. This allows all-day carry without the sensation of a Glock merging with your hip bone. The holster is IWB (Inside the Waistband), the clips are tuckable so that you can wear a shirt over the whole rig - you would untuck the shirt to draw.

Mine is "The Answer" from Tucker Gunleather. I have had the holster for about four years and to my knowledge have never been "made" while carrying with this and a shirt or vest on top. The holster holds the profile of the gun close to your body at the 4 o'clock position. The kydex body provides the satisfying *snik* sensation when the gun moves all the way into the holster. The trigger guard is the key part of the gun that mates up with the kydex shell and the bottom is open, so this can accommodate any 9mm/.40 S&W/.357 Sig Glock.

Here is the holster by itself:

Here is the holster with Glock inside:

Here is the back side of the holster, the part that sits against your body:

Uncle covered this online holster brouhaha a bit. He has a similar holster, the Comp-Tac MTAC. Uncle provided a review here, with an update and feedback on their customer service. Uncle had a problem with the contour of the holster pressing the magaine release. I have had no such problems with The Answer.

I have only one complaint with The Answer: the screws holding the belt clips can come loose after a full day of wear - not enough for the holster to fall apart in your pants, but after you take it off they need to be tightened.

If the good folks at Comp-Tac would be so kind as to donate an MTAC, I would be happy to write up the ensuing showdown between hybrid holsters.

Slide-Lock: Practical

2009-06-20T23:29:00.003-04:00

Richard Mann recently asked whether a handgun's slide-stop serves a practical purpose or if it is just an administrative function of the handgun.

Here at TDHB, we see it as a practical tool for the simple reason that it lets you know that you are out of ammunition and need to reload. In the endless debate over the respective merits of the AR vs. the AK, the AK loses out on reloads because it does not lock the bolt to the rear when the last round in the magazine is fired (unless you find some magazines with specialized followers - I have some Yugo mags that do this).

The loudest sound you will ever hear is a click when you expect a bang (or a bang when you expect a click).

While Mr. Mann may be comfortable with removing the slide stop from his Glock, I'll keep mine installed.

Uncle has some similar thoughts, and GunPundit as well.

Inaugural Post

2009-06-20T23:11:00.002-04:00

I'm a former action guy and attorney who shoots in competition matches. I teach the legal portion of some NRA courses and teach my own concealed carry courses tailored to the law of self-defense in the Commonwealth of Virginia. Email me if you are interested in a course.

I will focus this blog on defensive tactics, legal considerations for self-defense, and generally improving your shooting. Politics may creep in from time to time, but they are not the focus.

Disclaimer: I am not your attorney. You are not my client. Anything posted on this blog is for informational purposes only and is not to be construed as individualized legal advice. Readers of this blog agree to hold harmless the author of this blog and Defensive Force Instructors, LLC.