I previously posted “Louis Awerbuck Remembered” (HERE). (Click on the book above for the link to the Kindle at Amazon). I wrote there I might have more gems to relate. As promised:
The U.S. Supreme Court is once again considering a case which could significantly impact those who own firearms, both LEO and the non-sworn. (I previously wrote on the Abramski case, involving the ATF Form 4473 actual buyer rule, HERE and HERE). The recently submitted case, Henderson v. United States, arose in an interesting setting (equitable action for return of property under federal procedural rule), and has an unusual pedigree (the Court of Appeals decision is not officially published, and thus it is not precedential). Some have suggested Henderson reflects an irreconcilable conflict between federal statutes and a judicial rule. Others perceive it to be a forfeiture or 2nd Amendment case. I think it will not be decided as any of those. For a synopsis of the facts, and the legal issue(s) remaining after developments from the parties’ briefing, see the Henderson preview page at SCOTUSblog, HERE.
Like Abramski, Henderson was once an LEO (Border Patrol agent). He entered a guilty plea to marijuana trafficking, for which he received a six-month prison sentence. The narrow question “officially” presented to the Supreme Court was whether after federal conviction, a judge may order the government to transfer non-contraband firearms voluntarily surrendered (to the FBI) as a condition of pretrial release to: a designated person, such as one to whom the defendant has sold the firearms, or; someone (who might be influenced by the defendant) to sell them, for the benefit of the defendant. I think the Court may remand for further proceedings to implement the law/procedure it decrees. Whatever the actual holding, I hope the Court will: provide guidance from which firearms owners (whether or not criminally accused or convicted) and their attorneys can implement a plan to effect dispossession upon firearm disability, and; put to rest erroneous legal positions (FFL requirement for consignment dispossession, necessity for the government or a court to inquire of and approve dispossession arrangements) advanced by the government. Continue reading
1948-2014
Warrior, Artist, Philosopher
Who wouldn’t want to be remembered with words like these:
Stubborn, single-minded, articulate, knowledgeable, independent, moral, inquisitive, interesting and accomplished . . .
That’s what Robbie Barrkman wrote of Louis Awerbuck (his friend of 35 years) on his Robar Guns website, after Awerbuck’s death in June 2014. (The entirety of the heartfelt tribute is HERE). Awerbuck’s Yavapai Firearms Academy, with a summary of his resume, is HERE. A 2008 interview of Awerbuck, where he answers well-posed questions on life, death, and equipment, is HERE. Another one, rather well-known, “Interview With A Madman,” is HERE. An interesting commentary on his death, evidencing Awerbuck’s appreciation for warrior history and philosophy, “Requiem For A Soldier,” is HERE. It is said that he was fearless, but carried a high capacity 1911 as a primary, and a Glock 19 as backup. Continue reading
When searching for the “best” ammunition for EDC, premises defense, or the downright silly (but dreaded nevertheless) “zombie apocalypse,” you will likely consider using a law enforcement product, even if you are not an LEO. Whether for pistol, AR-15, or shotgun, you will likely choose products from these brands/loads:
It’s true. The well-known holster and magazine pouch attachment device shown above was designed by two knife guys. If you are into knives, you likely recognize the names Tim Wegner and Robert (Bob) Terzuola. If you ever spent serious time at a national knife show (BLADE, Knifemakers Guild) you might have met and even chatted up one or both. It is indeed the very same Tim Wegner who is a co-founder of this very well-known maker of carry, duty, and competition holsters and accessories —
Takeaway — Simple answer: Yes, less-lethal (impact, aerosol chemical, conducted energy) should be considered as a possible EDC adjunct to being armed. If you choose to carry less-lethal, get initial and periodic refresher training from a professional credentialed for the particular type/brand less-lethal weapon. Be prepared to articulate what you chose to carry (likely OC) and why. Update your knowledge base at least yearly for usage studies and legal developments, and to consider any product improvement. If you choose not to carry less-lethal, be prepared to articulate why not. Whichever way you go, expect that somebody, maybe someone whose opinion matters, will second guess you. Continue reading
From “No Second Place Winner” (© 1965), by William H. (“Bill”) Jordan (p.101):
“There is no second place winner in a gunfight! That sage remark is of unrivaled importance to an enforcement officer. Nothing he can buy from a life insurance firm takes the place of his ability to shoot fast and accurately. Storebought insurance will make his wife a rich widow, but it will be someone else who helps her spend the settlement. Not too attractive a proposition from the masculine point of view. The kind of life insurance he can buy with competent gun handling ability is obviously much more practical.” [You can read/download Jordan’s book, HERE].
MSW posts urging weapon reliability and “get out and train” (whether specialized classes with the been there done everything hardcore trainers, shooting drills on the clock on your own, physical conditioning, and yes, competing) really speak to one thing, winning a life threatening encounter. I wanted to write a post to put out my long-held lament on the subject. It strikes me often: I see streets named after and plaques honoring LEOs killed by the gunfire of evildoers. (I was casually acquainted with several of the deceased LEOs, and a bit more with a couple). But I never see what would inspire and make me feel much better — a street named after an LEO who WON a gunfight. So here it is, to be filed under the CAN element (mindset) of my paradigm on deadly force. Continue reading
It’s coming up on two years since I uploaded my first MSW post. The process seemed a bit confusing, but the post went up after some help from Tim. It’s now a cakewalk. (The post was about shooting and lead “poisoning” hazards, HERE. If you haven’t read it, please do. It could use some more FB likes. 🙂 I even obtained permission from a well-known artist/chemist to include one of his nifty cartoons). There are now almost 700 MSW posts; more than 40 are mine. Continue reading
Executive summary: Usually a bad idea, often a very bad idea.
[This is a follow on to prior posts, THREATENING DEADLY FORCE : MUSINGS ON “BRANDISHING” AND “WARNING” SHOTS, and “CASTLE” DEFENSE: WHAT CAN–MAY–SHOULD–MUST YOU DO]
“Can/should I hold someone at gunpoint?” A common question when the topic of guns and defensive use of deadly force is discussed. The questioner’s “gunpoint” hypothetical usually poses a home invasion, robbery attempt of the questioner, or “in progress” interdiction of someone committing a property crime, or a violent crime against the questioner or another person. The question is another one to which I respond with my smart aleck lawyer’s answer: “I don’t know, can/should you?” It lends itself to analysis similar to what I discussed in prior MSW posts on the use of deadly force — my paradigm:
CAN / MAY / SHOULD / MUST
For the purpose of this post, holding someone “at gunpoint” is not necessarily muzzling the threatened person(s), openly holding an exposed firearm in any specific “ready” position, or a mode of “display” permitted or prohibited by a state “brandishing” statute. I use the phrase here to mean the display of a firearm coupled with the express or implied threat that a failure to obey commands will result in the use of deadly force, that is, the gunpointer WILL shoot. (If unprivileged, usually considered a serious felony, such as an armed assault or assault with/by deadly weapon). Consider the following for your analysis of the SHOULD element of the paradigm. Continue reading
Whether flat or rolled, they take up little space, and weigh almost nothing. Proven highly useful in everyday civilian aid, search and rescue, military, sports, and back country applications. From the sammedical website: “Built from a thin core of aluminum alloy and sandwiched between two layers of closed-cell foam, the SAM Splint can be bent into any of three simple curves, becoming extremely strong and supportive for any fractured or injured limb.” And yes, there is a guy named Sam — he’s an MD, and the company’s founder and CEO. Continue reading
Rite in the Rain (RITR) of Tacoma, Washington. Magic stuff. Well, not really. But definitely rain, splash, and sweat proof, and about as tacticool as you can get for something that doesn’t send rounds downrange and make noise. Some of their products have an NSN, so my guess is real operators use ’em. Continue reading
Recent stories where the non-sworn (usually referred to as a “citizen” or “civilian”) successfully assisted a police officer caused me to write this post. One “all’s well that ends well” scenario involved a man who took shots when he witnessed an in-progress armed robbery and believed a responding officer was in danger of being ambushed. The officer took cover and the robber was captured later. (See here and here). Another, a more common scenario, involved bystanders who helped subdue a subject who might have overpowered the officer. (See here). Similar stories and videos on topic pop up on TV news reports and officer interest websites from time to time. (See examples, here and here). As an MSW reader, you likely already know that being a “hero” aiding police is, like policing itself, dangerous business. Thus it is no surprise; not every “hero” comes through unscathed. (See here). Also not surprising; simply having a cup of java in public with an officer is not risk-free. (See here). Finally, would it not just plain suck to aid an officer . . . and then someone else gets the credit? (See here). Continue reading
What’s not to like, free and on line.
“a legacy of advancing tactical excellence in law enforcement training. Our mission is to arm law enforcement with the tools and knowledge to survive and win real-world encounters. We maintain a laser focus on delivering cutting edge articles on tactics, firearms and officer safety to law enforcement of all ranks nationwide. We achieve this through our roster of leading topic experts and our long-standing reputation of integrity and commitment to law enforcement.”
Current Issue
“Officer Down” column (last article link below in list) — a must read comprehensive analysis of an OIS, with a buffet of food for thought. This one has particularly important lessons for traffic stops and other encounters where repeated challenges are issued to a non-compliant. In one case where a non-compliant subject was holding a weapon, a federal appeals court said: “We accept for the present purposes that, once past Sergeant Carr, Montoute never turned to face him again, and Montoute never actually pointed the sawed-off shotgun at anyone. But there was nothing to prevent him from doing either, or both, in a split second. At least where orders to drop the weapon have gone unheeded, an officer is not required to wait until an armed and dangerous felon has drawn a bead on the officer or others before using deadly force.” The case, Mountoute v. Carr, is here.
Kyle Dinkheller, EOW 1/12/1998: The dashboard video is here. Watch it and then read the column. As Rod Serling would say, submitted for your approval: Repetition makes good practice, but in the real world, use it at your own risk.
Disclosure: PM once (IIRC, in a prior century) sent me a box of 45 Auto +P Federal® Premium 230 HST, for free. I have most of the box left.
Stay safe, whether in or out of uniform.
I “learned” the following while browsing the internet:
[I was looking to make this one of the “Made In The USA” posts, but it turned out the two items I reference here are not. They are nevertheless worthy of consideration as additions to your comprehensive home/tactical medical kits. My prior MSW post pictures of tactically-oriented medical items I stock at home and carry are here and here].
I recently added two kit items as a result of my never-ending quest to be fully prepared to play first responder on myself and to provide others (who might attend to me or need items for their own use) medical kit items I have determined are easy to use and effective. They are: MEDIHONEY® (gel, paste, and dressings; New Zealand by way of Canada) by Derma Sciences, Inc., and the four-inch version of the OLAES Modular Bandage (China by way of South Carolina) by Tactical Medical Solutions:
