Minnesota Permit to Carry Course. Student Guide. Eighth Edition

Transcription

1 Minnesota Permit to Carry Course Student Guide Eighth Edition

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3 Minnesota Permit to Carry Course - Student Guide (Eighth Edition) Mountain Lake Firearms Academy and its instructors are not attorneys. The legal information contained in this book and the course is provided merely as an overview of the current laws. We do not offer legal opinion. Please consult an attorney for appropriate legal advice for your situation and jurisdiction. Printed by Charles Witt Communications, LLC, PO Box 383, 553 Third Avenue, Mountain Lake, MN Charles Witt Communications, LLC

4 Forward The decision to go armed on a daily basis is one of the most important and responsible decisions a person can make. By carrying a gun at all times, you are refusing to be a victim. You are assuring the safety of your loved ones. You even improve the safety of strangers who have the good fortune to be around you. Most importantly, you are exercising your inalienable right to self-protection. Even a right must be exercised responsibly, and carrying a gun is a grave responsibility. Carrying a gun is not for everyone. If you carry, you should do so intelligently. If you go armed and act stupidly, you may lose your right (or privilege) to carry. Make intelligent choices and carry responsibly. Lesson 1 Concealed Carry Facts and the MPPA Lesson 2 The Laws and Self-Defense Lesson 3 Basic Pistol Introduction Lesson 4 Introduction to Ammunition Lesson 5 Selecting a Firearm for Personal Protection Lesson 6 Firearm Safety Lesson 7 Fundamentals of Shooting and Firearm Retention Lesson 8 Live Fire Exercise

5 Lesson 1 Concealed Carry Facts and the MPPA Why Do Americans Own Guns? There are millions of people who own guns and there are many different reasons for them to own guns. Many of these are pistols. Some own pistols as part of a collection, for recreational shooting, and others compete in competitive events. In recent years, more handguns are being used for hunting. Yet, more and more American s answer this question by saying it is their constitutional right. For many individual reasons, more American s are choosing to carry for personal protection. Personal protection is the most powerful reason for anyone to own a gun. People have a strong urge for self-preservation and when one s life or the life of another is threatened, a gun is often the best tool one can have to stop the threat. The need to have firearms for personal protection was recognized by many of our country s founding fathers: George Washington, Thomas Jefferson, Alexander Hamilton, and John Adams to name a few. The Biggest Myth and the Facts to Dispute It The biggest myth about gun ownership and conceal carry laws is that conceal carry laws increase crime. Here are some interesting facts regarding this popular myth (Source: Gun Facts 1

6 5.0): Fact: Over forty states, comprising the majority of the American population, are right-to-carry states. Statistics show that in these states, the crime rate fell (or at least did not rise) after the right-to-carry law became active (as of July 2006). Fact: Crime rates involving gun owners with carry permits have consistently been about 0.02% of all carry permit holders since Florida s right-to-carry law started in Fact: After passing their concealed carry law, Florida s homicide rate fell from 36% above the national average to 4% below and remains below the national average (as of the 2005 reporting period). Fact: In Texas, murder rates fell 50% faster than the national average in the year after their conceal carry law passed. Rape fell 93% faster in the first year after enactment and 500% faster in the second. Assaults fell 250% faster in the second year. Fact: More to the point, crime is significantly higher in states without right-tocarry laws. Fact: States that disallow concealed carry have violent crime rates 11% higher than national averages. Fact: Deaths and injuries from mass public shootings fall dramatically after right-to-carry concealed handgun laws are enacted. Between 1977 and 1995, the average death rate from mass shootings plummeted by up to 91% after such laws went into effect, and injuries dropped by over 80%. In 2007, there were 613 fatal firearm accidents in the United States, constituting 2

7 0.5% of 123,706 fatal accidents that year. In 2007, there were roughly 15,698 emergency room visits for non-fatal firearm accidents, constituting 0.05% of 27.7 million emergency room visits for non-fatal accidents that year. These emergency room visits for non-fatal firearm accidents resulted in 5,045 hospitalizations, constituting 0.4% of 1.4 million non-fatal accident hospitalizations that year. A 1994 survey conducted by the U.S. Centers for Disease Control and Prevention (CDC) found that Americans use guns to frighten away intruders who are breaking into their homes about 498,000 times per year. According to the CDC, there were about 18,498 gun-related accidents that resulted in death or an emergency room visit during 2001 (the earliest year such data is available from the CDC). This is roughly 27 times lower than the CDC s 1994 estimate for the number of times Americans use guns to frighten away intruders who are breaking into their homes. The Unites States is #1 in the world when it comes to private firearms ownership at approximately 88 firearms per 100 people. The next closest county is Yemen with about 54 firearms per 100 people. One would think that with this high quantity of guns in the United States, we would also be #1 for gun related crimes. This isn t the case. The United States is #23 in the world. Just as it is with violent crimes overall, the United States in 2010 had approximately 450 violent crimes per capita (per 100,000 people). Compare this to Great Britain, where firearms have an outright ban, who saw over 2000 violent crimes per capita. In other countries where firearms have been banned, violent crimes as well as other crimes such as home invasion and burglaries of occupied dwellings has increased. This can only be attributed to the fact that criminals know they will not encounter any resistance by their victims using guns. The FBI released their data on violent crimes in the United States for This data shows that violent crimes are at the lowest they have ever been since Right to Self-Defense The police cannot protect all citizens and, even if they could, they do not have an obligation to do so. This became evident through a United States Supreme Court decision. In 2005, the Supreme Court of the United States handed down a decision, by a vote of 7-2, in Castle Rock vs. Gonzales (Source: wid.ap.org/scotus/pdf/04-278p. ZO.pdf) stating that Jessica Gonzales did not have a right to police protection even in the presence of a restraining order. Think about this, for one person with a restraining order in place against another it would take about five full-time police officers to provide protection for that person 24 hours a day for one year. With the median income for police officers at $50,000, it would cost the city or county $250,000. There is no city or county in the United States that could afford to provide protection at that cost. 3

8 The Supreme Court has ruled that the Second Amendment protects an individual s right to keep and bear arms for defensive purposes. In District of Columbia v. Heller (2008), the Court ruled that the inherent right of self-defense has been central to the Second Amendment right throughout U.S. history and that the Second Amendment protects the individual right to possess and carry weapons in case of confrontation. The Seventh and Ninth Circuit Courts, among other courts, have affirmed the individual right protected by the Second Amendment includes the carrying of firearms in public for self-defense. In the 2012 case of Shepard v. Madigan, authored by Judge Richard Posner, the court ruled the confrontations of which the Supreme Court wrote in Heller are not limited to the home. The court accordingly held a right to bear arms thus implies a right to carry a loaded gun outside the home. The Ninth Circuit Court similarly held in the 2014 case of Pertula v San Diego County that the Second Amendment protects the right of responsible, lawabiding persons to carry a firearm outside the home for self-defense. With these Federal Court decisions, it became clear that the first line of defense is you. Minnesota Personal Protection Act The Minnesota Citizen s Personal Protection Act of 2003, or MPPA, which is often referred to as the conceal-and-carry law, took effect on May 28, The MPPA significantly changed an individual s right to obtain a permit to carry a firearm in Minnesota. Prior to the MPPA, the state of Minnesota was considered a may issue state, meaning an individual needed a permit from a local law enforcement official in order to carry a firearm and permits were not easy to get. The application process was conducted by the applicant s local chief law enforcement officer, being the city police chief or the county sheriff, depending on what jurisdiction you lived. An applicant needed to demonstrate a specific need in order to receive a permit. A specific need might be having an occupation where it is necessary to carry a firearm or another need might be for personal protection due to threats against you. The law enforcement official had substantial discretion as to whether or not to issue a permit and, if a permit was issued, the restrictions under which a firearm could be carried. The new law removes that decision and makes Minnesota a shall issue state meaning that it is quite easy to obtain a permit. The Act provides that, upon personal application to your local sheriff, a person who is at least 21 years of age and who can provide proof of training from a certified instructor, and that is not barred from possessing a firearm through state or federal statutes, and passes all criminal background checks must be granted a permit by a sheriff to carry a firearm. A permit to carry a pistol allows holders to carry guns in private or public areas unless they are banned from doing so by specific statutes, both state and federal. 4

9 Minnesota Reciprocity Map (as of October 1, 2015) There are currently 27 states who recognize Minnesota s Permit to Carry. Michigan will recognize Minnesota s permit only for Minnesota residents. Simply put, the legal holder of a permit may lawfully carry a gun without risk of criminal prosecution. The MPPA does not grant any rights to permit holders nor does it grant the holder any special authorities. Reciprocity The term reciprocity is defined as a law that allows a person to carry a firearm within a state while in possession of a permit issued by another state and such permit meets the requirements of the state in which the firearm is to be carried. Minnesota currently enters into reciprocity agreements with states that have concealed carry laws that are substantially similar to Minnesota s. The commissioner must annually establish and publish a list, which is available on the Internet, which lists states that do not have substantially similar laws. Permits issued by states not on this list are honored by the state of Minnesota. Prohibiting Firearms The MPPA does regulate the right of private property holders to ban guns from their premises and the right of employers to ban or restrict their employees from carrying guns. Before the act took effect, businesses and employers were free to ban people from carrying guns on their property and in their workplaces. Now, a business or employer may prohibit firearms on its premises or in the workplace only by following specific requirements established by the Act. The MPPA and federal law establishes specific locations where carrying a firearm, whether under permit or not, is prohibited: 5

10 Elementary and secondary schools including private property where there are school sanctioned events In the vicinity of a school bus when children are present A child care center when children are present Jails, correctional facilities, and state hospitals County courthouses unless the county sheriff is notified State capitol and state capitol grounds unless the Department of Public Safety is notified Federal buildings such as Post Offices, US Courthouses, etc. (18 USC 930) as this law reads, there appears to be an exception for permit holders, but it is untested. Therefore, carrying is not recommended; however, every public entrance to a federal facility must be posted before it is considered a crime. This includes parking lots which are either owned or under sole control by the federal government. If a building has offices which are occupied by federal employees, only those offices are considered federal property, not the entire building. Secure areas of airports (past the scanners) In buildings and other posted areas of national parks Non-prohibited locations are: Other state, county, or local government buildings and facilities Non-secure areas of public airports (before the scanners) City, county, or state parks Bars and restaurants (unless lawfully posted) Churches and other religious-use property (unless posted) The MPPA sets different rules as to who is permitted to ban handguns from their premises and how they may implement such a ban. Because employers may be dealing with not only their own employees, but also customers, vendors, the general public, and others, they may be covered by, and need to be familiar with, more than one of these rules. The rules that apply may also vary depending, for example, on whether the employer rents its facilities from a property owner or is, itself, a landlord and renting space to others. These rules apply to: Residential Property, Commercial Property, Educational Institutions, and Workplace considerations. Residential Property The Act divides the non-governmental world into private establishments and private residences. The lawful possessor of a private residence may prohibit firearms and provide notice of the prohibition in any lawful manner they choose. For the most part, however, owners of multi-unit residential housing cannot bar tenants or their guests from possessing or carrying firearms on the premises. Commercial Property The owners or users of all other types of private property are constrained as to 6

11 the extent to which they can ban guns from that property. First, the plain language of the Act states that no one may bar individuals from possessing handguns in a parking facility or parking area. Second, a property owner cannot bar a tenant from permitting guns on leased premises. Third, the Act creates rules for banning guns from a private establishment, which is defined as a building, structure, or portion thereof that is owned, leased, controlled, or operated by a non-governmental entity for a non-governmental purpose. The rules for banning guns from green spaces or other areas outside of buildings remain unclear under the Act. Subject to the restrictions just mentioned, a person or entity that is using a property, as either an owner or a tenant, has the authority to decide whether guns will be allowed on the property. If they choose to prohibit firearms on their premises, they must adhere to the specific rules described in the Act. To prohibit firearms on its premises, a private establishment must make a reasonable request which is narrowly defined as follows: prominently post a conspicuous sign at every entrance stating that guns are banned on the premises (according to specifications described in the following paragraph), and personally inform the person of the posted request and demand compliance. The Act does not specify the meaning of personally inform and demand compliance, although the conjunction and between requirements indicates private establishment must do both. However, the personally inform requirement does not establish that notification must be oral. The Act also specifically prescribes the language, dimensions, appearance, and location of the sign. The sign must state [IDENTITY OF OPERATOR] BANS GUNS IN THESE PREMISES, be readily visible, be within four feet laterally of any entrance, be at a height of four to six feet above the floor measured from the bottom of the sign, contain lettering printed in black Arial typeface at least 1½ inches in height, present the lettering against a bright contrasting background, and be at least 187 square inches in area (the size of an 11 x 17 sheet of paper). If a private establishment bans guns on its premises, an individual under permit who is carrying a firearm and refuses to leave the premises when asked is subject The sign on the left is posted according to the requirements established in the law and, therefore, meets the first requirement to inform. The sign on the right does not meet the requirements and is technically invalid. 7

12 to a fine of no more than $25 for a first offense and the individual s firearm is not subject to forfeiture. Finally, the Act overrides and displaces other statutory provisions regarding similar conduct previously covered under trespass law. Specifically, the Legislature stated that the contrary provisions of the trespass law would not apply to someone who possesses a firearm on private property contrary to the private property holder s wishes. Educational Institutions With regard to educational institutions, the Act specifically provides that a public post-secondary institution may establish policies that restrict the carrying or possession of firearms by its students while on the institution s property. The law is silent, however, with regard to private colleges and universities. With regard to non-students and non-employees, colleges and universities have the same types of rights and obligations as other owners or users of real property. The Workplace The act provides an additional means for employers to regulate the possession of guns by employees. Employers, whether public or private, may establish policies that restrict the carrying or possession of firearms by employees while acting in the course and scope of employment. Employers are permitted to impose civil sanctions for violations of such a policy. Thus, an employer can bar employees from having guns in the workplace or when working outside of the workplace and discipline them, up to and including termination, for violating this prohibition. Nevertheless, the plain language of the act states that employers may not prohibit employees from lawfully carrying or possessing firearms in a parking facility or parking area. It is important for employers to keep in mind that while the act has an enhanced ability to regulate employees carrying guns, the employers rights and obligations with regard to customers, vendors, independent contractors, or anyone else who may come on to their property are the same as those of other entities that own or hold real property. Therefore, if a non-governmental employer wants to restrict the possession of guns by individuals other than its own employees, it has the same obligations of posting the sign and giving personal notice. 8

13 Lesson 2 The Laws and Self-Defense We live in a society of laws laws that impact most areas of our lives. Gun ownership is one of the most heavily regulated of those areas. It is critical for the defensive gun owner to have at least a basic working knowledge of the local, state, and federal laws that govern the purchase, possession, transportation, and transfer of firearms, as well as their use in defensive situations. Also essential is an understanding of the basic legal principles surrounding the use of deadly force in self-defense. Nationwide, there are more than 20,000 federal, state, and local laws regulating gun purchase and ownership. Many of these specifically apply to handguns. Below are some of the provisions of the major gun laws currently in effect. The laws referenced here are only offering a brief explanation of these laws. For greater explanation, please research these laws. Gun Control Act of 1968 This law passed partially in response to the tragic assassinations of Martin Luther King, Jr. and Robert F. Kennedy. Through this law, it eliminated the mail order purchase of modern firearms (those made after 1898) and established a variety of classes of persons prohibited from owning or possessing a firearm. These prohibited persons include felons, those who use illegal drugs, those who have 9

14 been committed to a mental institution, those who are not U.S. citizens or have renounced their citizenship, and those who have been dishonorably discharged from the military, among others. Under this law, all firearms manufactured after 1968 for sale in the U.S. must have a serial number. Also required any business engaged in mass production of firearms for sale in the U.S. or those selling firearms in the U.S. to be federally licensed. The exception to this is manufacturing a firearm which is not for sale or distribution; however, a person is not able to assemble a non-sporting semiautomatic rifle or shotgun using 10 or more imported parts. The sale of a firearm, primarily a handgun, could only be done if the buyer was able to demonstrate proof of residency in the same state the firearm is being purchased in. It also prohibits the private sale of a firearm to another if the seller knows the buyer to be from another state. Bureau of Alcohol, Tobacco and Firearms Form 4473 All persons purchasing a firearm, whether it is a rifle, shotgun, or handgun, from a federally licensed firearms dealer must complete the BATF Form This form contains information on the buyer, the serial number and description of the firearm or firearms being purchased, and the name and address of the Federal Firearms License holder. Additionally, the Form 4473 has a section in which the prospective purchaser attests to whether he or she falls into any of the classes of persons prohibited from owning a firearm. Giving a false answer to any item on the form is a felony punishable by a fine and/or imprisonment. Sales of firearms between private individuals does not require this form in Minnesota, however, it is required in some states. Brady Law This 1994 law was named for gun-control advocates James and Sarah Brady. James Brady, an assistant to President Ronald Reagan, was shot and permanently disabled when an assassination attempt was made on the president. This led to James and Sarah Brady becoming instrumental in the adoption of this law. In its initial form, the law mandated a number of provisions for gun buyers, several of which have since expired. As of this writing, the Brady Law now requires a national computerized instant background check of all persons purchasing a firearm from a Federal Firearms License holder. Violent Crime Control and Law Enforcement Act This law, also known as the 1994 Crime Bill, prohibits the sale, transfer, or possession of magazines for semi-automatic firearms having a capacity of more than ten rounds. The law also contained a list of banned semi-automatic firearms (erroneously labeled as assault weapons ), and established certain combinations of features that may make other firearms fall into the assault weapons category. These features included pistol grips, flash suppressors, and folding stocks to name a few. 10

15 This law did grandfather in the existing high-capacity magazines and assault weapons already in private hands or in the inventories of manufacturers, distributors, and gun dealers. The law took effect on September 13, 1994 and was allowed to expire on September 13, 2004 by a vote of congress. The law also provided for an additional 100,000 police officers, $9.7 billion in funding for prisons, and $6.1 billion in funding for prevention programs. It also increased the number of crimes restricting possession of firearms, added more crimes punishable under the death penalty, and added to the list of prohibited persons. Senator Frank Lautenberg, (D) New Jersey 11 The Lautenberg Amendment New Jersey Senator Frank Lautenberg sponsored this law which supplemented the Gun Control Act of It expanded the list of prohibited persons to include anyone who has been found guilty of a misdemeanor crime of domestic violence. The prohibition also applies to persons under certain restraining orders. This farreaching law is retroactive, that is anyone who has ever been found guilty of or who has pleaded guilty to such a crime is subject to forfeiture of their firearms. The law also makes it a felony for anyone in the prohibited category to possess any firearms or ammunition. State and Local Laws In addition to federal laws, further restrictions are imposed by numerous state and local laws. For example, in some states a permit to purchase must first be obtained before a firearm can be bought. Successful completion of the permit process may result in the issuance of a gun owner identification card. Many states and municipalities also have enacted laws that prohibit or restrict certain classes of firearms based on type (such as semi-automatic pistols or the so-called Saturday Night Special handgun), magazine capacity or other characteristics. These laws sometimes lead to a listing of state approved firearms. Waiting periods, background checks prior to purchase, and the registration of guns owned are also required by law in some jurisdictions. And, of course, there are almost always fees accompanying the permits, background checks, and registration applications. Specific legal requirements will vary for each state and may also vary among counties and municipalities within a state. Intrastate and Interstate Acquisition and Transfer Generally speaking, there are two ways to acquire a firearm: from a federally licensed dealer or from a private individual. Federally licensed dealers include gun shops, professional gunsmiths, and other businesses such as hardware stores and pawn shops. Whenever you purchase a firearm through a federally licensed dealer, you must meet the requirements of the BATF Form 4473 plus any additional

16 restrictions imposed by state or local laws. In many states, the transfer of a firearm by a resident of that state to a resident of the same state, whether as a result of sale, gift, loan, or bequest, is considered a simple property transaction between two private individuals and do not need to go through a federally licensed dealer. In these states, the seller may not transfer a firearm to an individual falling into any of the classes of persons prohibited by law from possessing a firearm. In other states, some, or all, firearms transfers between individuals must go through a federally licensed dealer. For legal purposes, transfer does not only apply to selling. Transfer includes anytime you allow a person to posses one of your firearms that is to have it under their physical control you have, for that period of time, transferred the firearm to that person. Thus, depending on your state s laws, allow a person in a prohibited class to simply hold one of your guns in his or her hands, whether the gun is loaded or not, may constitute a transfer of possession and, thus, may be illegal. Interstate transfers of handguns must always go through a federally licensed firearms dealer, whether the transfer is between an individual and a gun shop or between two individuals from different states. If the transfer is between two individuals, the seller may send it directly to the FFL holder in the recipient s state of residence who will then transfer the firearm to the recipient. Alternatively, the person transferring the handgun may take it to an FFL holder in his or her state of residence and the FFL holder will arrange to ship the firearm to the FFL holder in the recipient s state of residence. In either case, the recipient will have to observe all the legal requirements, such as the BATF Form 4473 and the Brady Law s instant background check, that apply to a firearm sale. Various jurisdictions may have additional laws regarding firearm sales and nonsale firearms transfers, such as gifts or bequests, as well as transfers to certain classes of people, such as minors. Bequest and Intestate Succession The transfer of firearms due to bequest, inheritance, or intestate succession varies from state to state. As the recipient of a firearm from an estate may not need to be done through a FFL holder unless the recipient lives in a different state, however, the recipient must not be prohibited from possessing a firearm by any federal, state, or local law. Handgun Possession and Transportation Legally, Possession is defined as the holding or occupancy of a thing such that physical control can be exerted over it. Legal ownership, or title, is not a requirement for possession. Many different federal, state, and local laws relate to handgun possession under various circumstances. At the present time, federal law imposes few, if any, restrictions on possession in one s home, business, vehicle, or in public places; however, federal law does prohibit possession of a firearm in federal government offices or buildings, such 12

17 as post offices, IRS offices, and the like. Possession may also be prohibited or restricted in other areas including, but not limited to, military bases, some federal lands or areas of federal lands (such as buildings and other posted areas of national parks), and school zones. State and local carry permits do not supersede federal restrictions on gun possession in or on federal property. Virtually all states and local jurisdictions have laws regulating handgun possession. The restrictions imposed by these laws vary considerably from jurisdiction to jurisdiction and situation to situation. Your rights and obligations likely will vary depending upon whether you possess the firearm in your home, a temporary residence (such as a hotel or campground), or a vehicle. Even in your home or business, your specific rights may be contingent upon whether you are physically inside the structure or outside on your own lawn or grounds. Moreover, your rights regarding possession on your person in public places will vary. Some states allow you to carry your handgun openly without a permit, some jurisdictions permit you to have your firearm on your person only if it is unloaded and secured in a case, and others have a permit process if you wish to carry a concealed handgun. Many states, counties, and municipalities also have laws prohibiting the possession of firearms in schools or government offices or buildings, similar to the federal laws previously mentioned. Transporting a handgun within a jurisdiction is generally subject to that jurisdiction s laws regarding possession in public. If you hold a state issued permit to carry, for example, you can usually carry a firearm in the passenger compartment of a vehicle without having to lock it up or otherwise secure it so that it is inaccessible. Some states have specific laws regarding the transportation of hunting firearms to and from a game area. In other jurisdictions, you may legally transport your firearm in your vehicle if it is unloaded, locked in a case, and secured in a locked trunk or other inaccessible part of your vehicle with the ammunition placed in a separate, inaccessible locked container. This is also the recommended method for transporting firearms in your vehicle on interstate (federal) highways. Some states and jurisdictions require the registration of any firearm located within their boundaries, even temporarily, or totally prohibit the possession of certain types of firearms. The 1986 McClure-Volkmer Gun Owner s Protection Act exempts firearm owners who are transporting their firearms interstate from the laws of such jurisdictions (as long as the firearms owner is merely passing through the jurisdiction). The firearm should be locked in an inaccessible part of the vehicle as described above. Although the federal Gun Owner s Protection Act overrides state and local laws, in practice a gun owner may still be harassed or arrested by overzealous law enforcement officials who don t know about the federal law. Even though it is illegal to carry your firearm on your person past the scanners at the airport, you can transport your firearm with you when you fly on a commercial airline; however, this can vary from airline to airline so it is recommended to contact the airline well in advance of your scheduled flight. To transport your 13

18 firearm when you fly, it must be unloaded and locked in an approved case, you must provide the carrier with a written notice that a firearm and/or ammunition is being transported, and only you have the key or combination to the case. Your firearm must be transported in your checked luggage. Transporting it in carry-on luggage is a serious violation with the Transportation Security Administration (TSA). Only sky marshals and certain types of law enforcement or security officers are allowed to carry firearms on their person aboard commercial aircraft. Restrictions or other procedures may also apply to other forms of public transportation such as buses, trains, or subways. These may also be regulated by applicable local, state, and federal laws as well as possible specific requirements of the transportation company or authority. If you are transporting the firearm within the boundaries of a state and have a state-issued permit, you may be able to carry your firearm on any mode of public transportation. When transporting a firearm across state lines via public transportation, the firearm usually must be unloaded and locked in an approved case with written notice provided to the carrier. You are able to ship, via contract carrier (UPS, FedEx, DHL, etc.), your firearm to yourself care of another person as long as that person is there only to receive the package and hold it for you. In Minnesota, a permit is not needed to have a firearm in your possession when you are on your own property, traveling between your home and business, traveling from the place of purchase, or traveling to or from a firearms repair facility when having your firearm repaired. You also do not need to have a permit to carry in the woods or fields or on the waters of this state for the purpose of hunting or target shooting in a safe area. You do not need to have a permit to transport your firearm in a vehicle, snowmobile, or boat as long as it is properly stored and secured during transportation. You are required, in Minnesota, to have a permit to carry your firearm concealed, open, or in a motor vehicle unless it is properly stored and secured. Properly stored and secured means to have it unloaded and contained in a closed and fastened case, gun box, or securely tied package. Minnesota Citizens Personal Protection Act (MN Statute ) In Minnesota, you can get a permit to purchase a handgun from your chief law enforcement officer, but that permit is only valid to purchase, not to carry. The permit to purchase is good for only one year after which, you have to reapply. Your Minnesota permit to carry doubles as a permit to purchase a handgun and is good for five years. Some states will dictate the number of firearms you can carry on your person at one time. With your permit, in Minnesota at least, you can carry as many handguns as you want. This is so you can have a back-up handgun in case your primary choice handgun is no longer an option, such as if it were to become damaged. Before the MPPA came into effect in 2003, Minnesota had a little known law on the books, a law that allowed for openly carrying without a permit. With 14

19 the enactment of the MPPA, this law was repealed (made no longer valid) and was placed under the MPPA law. Unlike the carry laws of many other states, Minnesota s permit to carry does not specify whether you can only carry concealed or open. It is a permit allowing you to carry either way; however, carrying concealed is recommended. After all, it is best to not draw unwanted attention to yourself! As we all know, alcohol impairs one s abilities and judgment. The state of Minnesota sets the maximum blood-alcohol content (BAC) at.08% when driving a motor vehicle; however, when carrying a firearm, the maximum allowed BAC is.04%. Ask yourself this question: Do I truly know what it feels like to be at.04% BAC? The answer for most is no. The only way to truly know what it feels like is to be a drinker in a controlled environment, such as to help law enforcement train for what is called Field Sobriety Testing. In this training environment, people are tested after every alcoholic drink consumed. Since opportunities such as this are few and far between, a good rule of thumb is no more than two drinks. If you are carrying, and find yourself in a situation where you may consume more than two alcoholic drinks, properly secure your firearm in your vehicle before you continue drinking. The best solution, though, is if you are going to be consuming alcohol, leave your firearm at home. In Minnesota, you can carry into establishments that serve alcohol. This is not true for every state. It is your responsibility to understand the laws in other states where you intend to carry. If you are in a state that does not allow you to carry your firearm into an establishment that serves alcohol, the moment you find out that 15

20 alcohol is served there, excuse yourself and properly secure your firearm to avoid any chance of further violating any state law. To legally carry with your permit, you must have a valid state-issued driver s license or state-issued ID card. If something happens to you where you do lose your state-issued driver s license, as soon as possible, apply for a state-issued ID card. During the time you do not have your driver s license you will not be able to carry. Should someone decide to carry without obtaining a permit the first offense is a gross misdemeanor. This will not keep them from obtaining a permit. Should that same person get caught a second time, the offense is now a felony. This will keep them from obtaining a permit. Unlike many states with carry laws, in Minnesota you do not need to display your permit on first contact with a law enforcement officer; however, it is strongly suggested you do. This will remove any chance for surprising the officer and ending up in an awkward and uncomfortable situation. As Minnesota s law states, upon lawful demand of a law enforcement officer (who is on-duty and acting within the scope of his or her authority) you must provide a state-issued ID card. Additionally, if the officer requests, you must provide your signature in their presence as well as disclose if you are currently carrying a handgun. In this sense, carrying means having any handgun in your possession whether on your person or anywhere in your vehicle. Another way that Minnesota s law is different from some other states is that you do not need to register your firearms with the state or with local law enforcement. 16

21 Owners of firearms do not need to be licensed. In other words, you can own firearms without having a permit or other license to keep firearms. When applying for your permit, you must show that you have completed a recognized training course including qualifying with a firearm. You must also complete the application and submit it in person to the sheriff of the county in which you reside or, for non-residents, to the sheriff of any Minnesota county. When you bring in your application, you must also bring in your state issued ID, your certificate of completion of training, the receipt that is with your application, and your payment to the sheriff. If you are renewing your permit, you should also bring your current permit. The fee for your initial application will be no more than $ and no more than $75.00 if you are renewing. If you get your application in to the sheriff after your permit expires, you will be paying the same price if this was the first time obtaining your permit. The Minnesota Citizen s Personal Protection Act also outlines specific persons who are prohibited from obtaining a permit. Many of these are the same as those prohibited at the federal level. They are persons: Convicted of domestic abuse and violates an order for protection Convicted of 5th Degree Assault involving a firearm (brandishing) Convicted of domestic abuse involving a firearm Convicted of stalking involving a firearm Convicted of a crime of violence Committed as mentally ill or developmentally disabled or has pleaded not guilty by reason of mental illness Committed to a treatment facility as chemically dependent unless the person has completed treatment Committed a crime of violence and placed into a pretrial diversion program Convicted of a crime with a punishment exceeding one year (a felony conviction) A fugitive from justice An unlawful user of a controlled substance An alien who is illegally or unlawfully in the US Dishonorably discharged from the US armed forces Renounced their citizenship of the US In the last three years been convicted of A crime for the benefit of a gang Assault motivated by bias (hate crime) False imprisonment (holding someone against their will) Neglect or endangerment of a child Burglary in the 4th degree Setting a spring gun 17

22 Rioting Harassment and stalking Ordered by a judge to surrender firearms Prohibited by any federal law Listed in the Gang Investigative Data System Use of Deadly Force There are many legal definitions, theories, and principles surrounding the use of deadly force for self-protection. It is beyond the scope of this chapter to discuss these in detail; only a brief outline of the major concepts can be presented. You are strongly advised to consult an attorney for a more thorough explanation of your rights and responsibilities in relation to armed self-defense in your jurisdiction. Throughout the various laws surrounding a permit holder s ability to carry will use specific language such as Bodily Harm, Dangerous Weapon, and Assault. To each person, a different meaning can be derived for each of these terms. Since this would open the door to different interpretations of the laws, we will use the definitions recognized by the State of Minnesota (MN Statute Definitions). Bodily Harm Physical pain or injury, illness, or any impairment of physical condition. Substantial Bodily Harm Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Great Bodily Harm Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Dangerous Weapon Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm. Assault An act done with the intent to cause fear in another of immediate bodily harm or death; or the intentional infliction of or attempt to inflict bodily harm upon another. Before you can consider the use of deadly force to stop a threat, you must first establish the amount of reasonable force necessary to stop that threat. Authorized Use of Force (MN Statute ) Reasonable force may be used upon or toward the person of another without the other s consent when the following circumstances exist or the actor reasonably believes them to exist...when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to 18

23 an officer competent to receive the other into custody; or when used by any person in resisting or aiding another to resist an offense against the person. There is much more to this statute, but this is the part that pertains to you as a lawfully armed citizen. The degree or amount of force you can use in defending yourself must be reasonable-that is, proportional to the level of threat presented. In rough terms, you can t use a gun to defend yourself from a slap in the face. A 300 pound, 30 year old professional football player attacked by an unarmed 135 pound, 70 year old man would not be justified in using deadly force to defend himself, due to the relatively low level of threat the smaller, older man represented to him. On the other hand, if the 70 year old attacker was armed with a knife or gun, the football player might then be justified in using deadly force to defend himself (if certain other conditions are also met). By law, you can sometimes use force in a number of circumstances-to protect your property from theft or vandalism, for example, or to remove a trespasser from your property. The amount of force you are legally allowed to use must be only the amount required to achieve the desired result and no more. Deadly force is not legally justified in such situations. Justifiable Taking of a Life (MN Statute ) The intentional taking of the life of another is not authorized by section (Authorized Use of Force), except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor s place of abode. The justifiable use of deadly, force is limited only to situations in which certain requirements are met. Although those requirements may vary somewhat in different jurisdictions, there are some fairly universal guidelines. Deadly force can only be used by an innocent victim of an attack, and only when that attack represents a threat of great bodily harm or death; it cannot be used to defend property rights. If someone does break into your home, they have not yet technically committed a felony. There reasons for breaking into your home may be to seek protection from something or someone which may harm them, however, you do not know what the intention is of the person who just entered into your home. They broke into your sanctuary. But, just because they did this, still doesn t necessarily justify deadly force. It does justify you to use only the force necessary to stop the threat. 19

24 This does include pointing a firearm at that person who just broke into your home. It s how the person reacts that dictates how you respond. If they stand there or leave, let them. They are no longer a threat. If they make a move which you take as threatening, now is when you can take actions you feel are justifiable. In some situations, you have the duty to retreat. If a threat is present, when possible, you must try to get yourself safely out of its way. It is a good practice when entering into an area or establishment to look for all possible locations you could safely get to in order to remove yourself from a dangerous situation. Duty to retreat simply means that you must attempt to physically escape or evade a confrontation if you can do so safely. You are not obligated to retreat if doing so will expose you to greater danger. Most states require you to retreat from confrontations occurring in public. In many jurisdictions, however, you may not be obligated to retreat from an attacker in your own home or on your own property. Consult an attorney for the laws applicable in your area. You must also determine the ability of the attacker. An attacker is considered to represent a threat to life or limb only if they are actually capable of causing death or serious injury. Will a 90 year old person weighing about 100 pounds and using a cane be able to effectively threaten you to where you feel your life is in danger? Most likely they will not. Even if the elderly person demonstrated the intent to kill you (as by screaming, I will kill you! ), deadly force would generally not be justified in repelling the attack, as a reasonable man would not consider the person capable of following through on that threat. But if the person was a 22 year old weighing about 220 pounds and looks like they could play middle linebacker for football team, now you may have a dangerous threat but they would still need to be demonstrating the ability to cause great bodily harm or death. There also has to be the presence of an imminent threat. In other words, the threat of great bodily harm or death has to be right here and right now. If someone tells you they are going to go home to get a gun so they can kill you, yes the threat is there, but it is not immediate. If the person picks up an object capable of causing great injury and charges after you, now there s a potential threat. You must also be the innocent victim of an attack. For you to claim justifiable self-defense in your use of deadly force, you must not have caused or incited your assailant s attack. For example, you cannot provoke a person into attacking you and then shot him or her in self-defense. Nor can you respond to an attacker in a way that further incites or inflames him or her. For example, if you were to innocently step on another person s shoes, he might react by shoving you. You are not entitled to escalate the situation to the level of deadly force by using your firearm. There is also an escalation of force that must be gone through: 1. Request verbal compliance asking a person who is beginning to enter into your safety zone to go around you. Your safety zone should be a distance far 20

25 enough away from you in order to give you time to react. In an open area, such as a parking lot, it should be a minimum of 21 feet. 2. Demand verbal compliance tell a person who has entered into your safety zone that they need to STOP and go around you. 3. Demand verbal compliance again tell the person that if they do not stop and go around you, you will be forced to draw your gun. 4. Display your firearm and demand compliance Draw your firearm and aim it at the person. Tell them that you feel threatened for your life and they must leave or go around you. Any time you are speaking to a potential threat, do so at a loud enough voice so other people will hear you. This is very important! If it escalates to the point of drawing your firearm or using your firearm, you will need them as witnesses for your side of the story. Additionally, if there is also an opportunity to keep an object (car, bushes, or pretty much anything) between you and the threat, DO SO! This should buy you some valuable time, if you need it, as well as show any witnesses that you did what you could to avoid the situation. Before you can escalate to deadly force, you must be sure of the threat and give the threat an opportunity to remove itself. Consider that if someone else of similar size, beliefs, intellect, etc. was in your position, would they react the same way? In judging the legality of a person s conduct, it is often necessary to determine whether a party acted in a way that was appropriate or reasonable. This is known as the Standard of the Reasonable Man. By such a reasonable man standard, for example, shooting an intruder who approached you with a weapon despite your verbal warnings likely would be deemed justifiable, because a reasonable man would consider the intruder s actions to be immediately life threatening. Shooting an unarmed intruder who is 50 feet away and who does not approach you might not be considered justifiable. This is because a reasonable man would not necessarily consider such a person to be a threat requiring the use of deadly force. 21 Be aware that a judge or jury, in applying the reasonable man standard to an action, is making a judgment about a chain of events that occurred under stress and over the course of a few seconds or less. What may seem reasonable to you or to most people under the conditions of an immediate violent attack might be unreasonable to a jury sitting in the comfort and safety of a courtroom.

26 You may be thinking that these are a lot of steps to go through. Well, there are and they have a purpose. They are there to keep you out of trouble with the law. And, yes, there are situations where it will be necessary to skip a step or two, or even to skip to deadly force. It all depends on the situation. Situational awareness is a must for personal safety at any time, regardless if you believe your life is in danger. The way situational awareness applies to the use of deadly force is first the absolute need to identify who is the threat. Once that threat is identified and it is not leaving or lessening and the need for deadly force is increasing, you must try to determine what is behind the threat such as any innocent persons with a potential for being injured or killed with gunfire. The chance for a shot to ricochet should also be considered. Ricochets can be just as dangerous or deadly as an aimed shot. Another important part of situational awareness is to determine the ability for a safe retreat or exit. This was already mentioned earlier in this chapter. It is essential, upon entering into an area or a building, to locate areas of potential cover and safety. Cover is defined as something that will not only hide you from view of the assailant but will also protect you from an assault from the assailant. Often, the threat of great bodily harm or death can be stopped just by showing your firearm. However, pointing, or even just showing, your firearm can be against the law. In many, if not most, jurisdictions, this can be considered an assault with a deadly weapon. As a practical matter, if you brandish your firearm to deter an attacker, call the police immediately to report what happened and why you felt a threat of great bodily harm or death existed. Failure to notify law enforcement could result in you being charged with a crime as witnesses, or even the attacker, could report it differently resulting in you being arrested for assault. Castle Doctrine This doctrine, derived from English common law and expressed in the familiar saying, A man s home is his castle, gives you special rights in your own home that you may enjoy nowhere else. For example, in many jurisdictions you have no duty to retreat from an attacker in your own home. Also, in some jurisdictions, the very presence of an intruder in your home may allow you to treat him as a threat. Some jurisdictions also allow you to extend the Castle Doctrine beyond your home to include any place you might be domiciled for the night, such as a friend s house, hotel room, campground, and so on. Other rights may also derive from the Castle Doctrine, depending upon the laws in your jurisdiction. Castle Doctrines are legislated by state though not all states in the U.S. have a Castle Doctrine law. Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what degree of retreat or nondeadly resistance (if any) is required before deadly force can be used. In general, (one) or a variety of conditions must be met before a person can legally use the Castle Doctrine: An intruder must be making (or have made) an attempt to unlawfully and/or 22

27 forcibly enter an occupied residence, business or vehicle. The intruder must be acting illegally e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties. The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home. The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary. The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force. The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the Duty to retreat and most self-defense statutes referred to as examples of Castle Doctrine expressly state that the homeowner has no such duty). In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties. Note: the term home is used because most states only apply their Castle Doctrine to a place of residence; however, some states extend the protection to other legally-occupied places such as automobiles and places of business. Stand Your Ground Other states expressly relieve the home s occupants of any duty to retreat or announce their intent to use deadly force before they can be legally justified in doing so to defend themselves. Clauses that state this fact are called Stand Your 23 Castle Doctrine Legislation as of May, 2010

28 Ground, Line in the Sand or No Duty to Retreat clauses, and state exactly that the defender has no duty or other requirement to abandon a place in which they have a right to be, or to give up ground to an assailant. States often differentiate between altercations occurring inside a home or business and altercations in public places; there may be a duty to retreat from an assailant in public when there is no duty to retreat from one s own property, or there may be no duty to retreat from anywhere the defender may legally be. Other restrictions may still exist; when in public, a person must be carrying the firearm in a legal manner, whether concealed or openly. Stand your ground governs U.S. federal case law in which self-defense is asserted against a charge of criminal homicide. The Supreme Court ruled in Beard vs. U.S. (1895) that a man who was where he had the right to be when he came under attack and...did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground. As of May 28, 2010, 31 states have some form of Castle Doctrine and/or Stand Your Ground law. Alabama, Alaska, Arizona, California, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming have adopted Castle Doctrine statutes, and other states (Montana, Nebraska, New Hampshire, and Washington) are currently considering Stand Your Ground laws of their own. In Minnesota, there is no duty to retreat before using deadly force to prevent a felony in one s place of abode; no duty to retreat before using deadly force in selfdefense in one s place of abode. This isn t as clear as it appears, however. There are four cases in Minnesota where duty to retreat was upheld. Curtilage The curtilage is an important legal term to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated open fields beyond. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where intimate home activities take place. It is an important legal concept in some jurisdictions for the understanding of burglary and trespass. This distinction is important in United States law for cases dealing with burglary and with self-defense under the Castle Doctrine. The boundary between the home and the curtilage that surrounds it, on the one hand, and the open fields beyond the curtilage, on the other, is also important for the application of the prohibition against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution. The warrant requirement of the Fourth Amendment applies only to the home, which courts have construed to include the area immediately surrounding the house in which the intimate home activities occur, 24

29 but not to the open fields beyond. The requirement that law enforcement officers obtain a warrant before searching a suspect s home extends, therefore, to the curtilage, but not to private property beyond the curtilage, even if their access to such open fields without the owner s permission would constitute a trespass. Cessation of Threat You are entitled to use deadly force against an attacker only as long as they present a threat. Once the threat has ceased as by their flight, surrender, or inability to continue the attack so must your use of deadly force. The above material is merely a partial overview of some of the many complex legal issues concerning firearm ownership, firearm use, and the employment of deadly force in self-defense. Every gun owner should seek additional information from an attorney familiar with the firearm and self-defense laws in his or her jurisdiction. After a Shooting First thing to do is to call 911. Provide the dispatcher with your location, what happened ( My name is. I m calling to report. I believed my life was threatened. Please send the police and an ambulance to. The scene is now safe. I am wearing. I am going to call my attorney now. ) Second, call your attorney. You should have the phone numbers for your attorney s office, home, and cell phone. In Minnesota, if you discharge your firearm, you have a duty to render aid (MN Statute ). Any person who discharges a firearm and knows or has reason to know that the discharge has caused bodily harm to another person shall immediately investigate the extent of the injuries and render immediate reasonable aid to the injured. Failure to do so is a crime. 25

30 This means, you must at least call for an ambulance. If you have additional training in first aid, you must also try to save your assailant s life. As backwards as this would sound, doing so can be beneficial in any legal actions that may arise from the shooting. The Legal Aftermath of a Shooting NOTE: This information is not intended to take the place of consultation with a qualified attorney, nor should it be construed as providing general or specific legal advice. The information contained herein is intended to provide broad general guidelines regarding the legal ramifications that might stem from a self-defense shooting in some jurisdictions. For more specific information, consult an attorney familiar with the laws relating to firearms and self-defense in your jurisdiction. Whether it involves the acquisition and mastery of shooting skills or the development of a defensive mindset, preparedness is the key to prevailing in a violent attack. Preparedness of a different type is also essential to survive the potential legal aftermath of a defensive shooting. The prudent gun owner must become thoroughly familiar with the potential legal ramifications of defensive gun use in his or her jurisdiction. It is important for the defense oriented gun owner to secure legal representation before he or she is involved in a shooting situation. Selecting a lawyer out of the telephone book at the police station is not likely to provide you with the kind of representation you will need. Any attorney you select should be thoroughly familiar with all applicable federal, state, and local laws regarding firearm ownership and self-defense. The attorney should also be apprised of any particulars of your own situation that would be relevant to any police investigation that would follow defensive firearm use. Contact your state bar association for a list of attorneys in your area, along with their specialties. Members of your gun club may be able to recommend attorneys with experience in Second Amendment and self-defense cases. Also, firearms friendly attorneys may post their cards at gun shops or on gun club bulletin boards. As a service to its members, the NRA also offers a referral service that matches attorneys with those needing legal representation. The following describes some of the possible legal outcomes that may be faced by a survivor of a self-defense shooting. The Investigation In all jurisdictions, a shooting that results in injury or death will entail an investigation. It may be sufficiently clear from the circumstances of the incident that your actions were completely in legitimate self-defense; in such cases, depending upon the discretion allowed the police and prosecutor s office, you may only have to face the inconvenience of a police questioning. Under other circumstances, for example, if you knew and had previously quarreled with the person you shot, the police and prosecutor may consider 26

31 your actions to be illegal. In such circumstances, you most likely will be arrested, booked, fingerprinted, and photographed. You will be put into a cell and held until the charges against you are dropped, or your bail is secured by your attorney. Either way, you will spend at least a few hours in jail, and possibly several days. During the course of the investigation, you will most likely have to forfeit your firearm. Your firearm will be closely examined. After the investigation is completed and no charges are filed, you should receive your firearm back; however, if any charges are filed, your firearm will be held as evidence. Search of Your Home (Fourth Amendment) A full discussion of the rules governing permissible police searches is well beyond the scope of this text. Generally, to conduct a search in your home, police need a warrant for that location specifying what is being sought. There are several exceptions to this requirement, however; consult your attorney for more information. The Fourth Amendment to the Constitution is centered on lawful searches. In your home, you can limit the area that police can search. For instance, if the incident happened in the living room you can tell the police they can only look for evidence in that room. This is wise to do because, unless the assailant entered other rooms, there would be no evidence for the police to find against your assailant. Instead, the police may find things that could be used against you. You may be asking yourself, Wait I m the victim here! Why would the police find things that could be used against me? Any normal law-abiding person may have objects, records, and so forth that are not at all illegal, but may be of a sensitive, private or even embarrassing nature. Such objects may become public knowledge as a result of a search. Of perhaps greater concern, during a search the police will almost certainly observe and make note of (mentally, at least) any books, magazines or other items that may cast doubt on the justifiability of your defensive shooting. For example, the fact that you possess material relating to sniping techniques or para-military operations may work against you in a court of law should you face criminal or civil charges as the result of your defensive gun use. The fact that you are simply a military history buff will likely not counter the perception among some of the jury that you are a bloodthirsty, trigger-happy gun owner looking for an opportunity to apply the killing techniques you enjoy reading about. Similarly, inflammatory signs in your home or office, such as Protected by.38 Special or If I Find You Here Tonight, They ll Find You Here Tomorrow Morning may also serve to undermine your claim of justifiable self-defense. Until the police obtain a search warrant, they can only search in the areas within your home you allow them to search and they can only search that area until you tell them they need to stop. It is best that you document where and when you have given the police permission to search. Then document when and why you told them to stop. 27

32 There is a give and take when it comes to searches without a warrant. You want to be courteous without giving them carte blanc access to your home. If you outright keep the police from searching without a warrant, they can declare your entire home as a crime scene. If they do that, you will not be allowed to enter your home. Talking, or Not Talking, to the Police (Fifth and Sixth Amendments) The police will want to talk with you during this time as well. Be very careful of what you say and how you say it. During stressful situations, it is human nature to want to talk about it. Sometimes it is very easy to start talking and but not to stop. A police officer will be assigned to stay with you during this part of the investigation. Either out of curiosity or out of wisdom, the officer may ask you something like That must have been a scary situation you were in. This seemingly innocent statement can get you to respond, in what would appear to you to be an equally innocent reply. Most of us would reply with Yes it was! All of a sudden, this guy is standing in front of me and I shot him. Your statement just went on record and into a report. It will get used against you in either a criminal trial or a civil trial or both. With this reply, you are telling what did happen, but now it may look as if you were the aggressor and not the victim. Now you re probably thinking that s what I said but not what I meant. Be very careful about what you say and how you say it. Police can get information from you in one of two ways: questioning (not under arrest) and interrogation (under arrest). 28

33 During questioning, you can stop the police from questioning you at any time. You just have to tell them the questioning is over. You are also free to leave at any time. During an interrogation, the police can keep questioning you for as long as they want. The police cannot compel you to make testimony against yourself. They cannot threaten you or coerce you to say anything. For them to do this places you under duress and is a violation of your Fifth Amendment right. Additionally, the police have to stop asking questions if you tell them you want your attorney. Failure for them to stop is a violation of your Sixth Amendment right. The Fifth Amendment of the United States Constitution provides you with certain rights and protections, chief among them being that you have no obligation to talk to the police until you have consulted with your attorney. The Sixth Amendment gives you the right to have your attorney present during all questioning. When the police arrive, you can refuse to answer their questions until your attorney is present. Of course, you should exercise some common sense in this; you may not need a lawyer to respond to such questions as Where s the bathroom? Also, you may want to provide police with information that they need to ensure the immediate safety of the area, such as Which way did the assailant flee? However, most attorneys advise that you politely but firmly refuse to discuss the shooting incident until you have consulted with legal counsel. Under the stress and emotions that follow involvement in a life threatening situation, you may not think or communicate clearly, and may utter something that could be used against you in a subsequent legal proceeding. It is best to contact your attorney immediately after calling 911. If the police arrive before your attorney does, inform them that you will speak with them after you speak with your attorney. Be sure to be cooperative with the police in every way possible without giving them free access to everything. Even before you become involved in a defensive shooting, it is highly advisable to discuss with your attorney exactly what you may and may not say to police should you have to use a firearm in self-defense. Just as you prepare mentally and physically to survive a violent encounter, this legal preparation may help you better negotiate the criminal justice system. Gun Confiscation If you are arrested by the police, they may also take your defensive firearm and, sometimes, any other firearms in your home. After all, from their point of view, you may be a suspect in a felony-assault with a deadly weapon or, if your attacker dies, homicide. The problem often lies in getting them back. In some areas, particularly those in which officials are hostile to Second Amendment rights, you may have to go to court to secure the return of your guns. Furthermore, police departments usually mark items taken as evidence. If you are lucky, they may put their mark-a number or letters scratched or stamped into 29

34 the metal-in an unobtrusive location. Also, the police may or may not treat your guns with the same care as you would. In a worst case situation, you may receive your guns back with dings and scratches from careless handling, evidence marks on external surfaces, and bore corrosion from having been fired and not cleaned. Whether or not the police department suspects your firearm has been used in connection to other crimes, they will probably fire your weapon to obtain bullets to be used in comparison testing. These bullets will be entered into a national computer system and will also be compared to bullets found at the scene to determine what happened. Legal Proceedings In some cases, the criminal charges against you may be pursued instead of dropped. This may occur whenever the police or the prosecutor has questions regarding your claim of legitimate claim of self-defense. This might be the case, for example, if you had had a previous disagreement with the assailant you shot, or if the witness testimony or physical evidence is contradictory or ambiguous. Various areas of the country differ in their support of the right of armed selfdefense. In some large cities in which both citizens and public officials have little sympathy for Second Amendment rights, you may be more likely to be put on trial for using a firearm to protect yourself than in rural areas or small towns. Even if you are cleared of all criminal charges, you still may have to face a civil suit brought by your assailant or the assailant s family or estate. There are differences between a criminal and civil trial. Criminal charges can only be brought by the government, and can result in incarceration, fines, property seizure and certain other sanctions. A civil suit can be brought by anyone, and results only in the awarding of money or other non-incarceration relief, such as an order restricting your interaction with the plaintiff. Another important difference between a criminal 30

35 and civil suit lies in the standard used to determine the outcome of a trial. In a criminal case, the jury (or judge) must be convinced by the evidence beyond a reasonable doubt. In a civil case, however, judgment is made for the plaintiff or defendant based upon a preponderance of the evidence. The standard is much higher in a criminal case than a civil case because the potential sanctions of a criminal conviction, such as lengthy incarceration or even the death penalty, are much more severe than the mere money award that is typical in a civil case. If you use your firearm in self-defense and are later tried and found not guilty of any criminal charge, you should understand that such a verdict does not preclude a civil proceeding against you. Regardless of the outcome of a criminal trial, you may be subject to liability in a civil action. As can be seen from the above, even when an armed citizen prevails in a violent confrontation, he or she will still have to endure the vagaries of the criminal justice system. It is not enough to prepare yourself only to thwart an attack; you must also be ready for the legal aftermath that is sure to follow your use of deadly force. Legal Fees Even in the best of outcomes, in which there are no criminal charges against you and no civil suit is filed, you will usually still owe your attorney at least several hundred dollars, just to represent you at a bail hearing or during police questioning or interrogation. If you are forced to defend yourself against criminal charges in a full-scale trial or if the assailant or the assailant s family sues you in civil court, your legal bills will amount to thousands, quite possibly tens of thousands of dollars. Psychological Aftermath Often following a traumatic incident, you may experience one or many signs of psychological impact. Some of these are: Sleeplessness Loss of appetite Irritability Jumpiness Inability to focus Nightmares Fear Fatigue Vomiting Blame Guilt The list may be unending as everyone handles stress differently. If you experience any of these signs, please find a psychologist or a psychologist who specializes in dealing with traumatic experiences. You will not be alone 31

36 through this. You will not be the first person to experience this. It is real and it has a name: Emergency services (EMS, fire, and law enforcement) call this Critical Incident Stress. The military calls this Post Traumatic Stress Disorder. Seeking help will not affect your permit. It Doesn t Have to Make Sense: It s Just the Law - One Lawyer (USCCA Magazine)...In any given year, a small number of gun owners will make a desperate call from jail searching for that One Lawyer to simplify their lives... BY KL JAMISON There is a legend of a Texas sheriff who telegraphed the Texas Rangers for help with a riot. He found his rescue was only a single Ranger. He asked why only one Ranger had been sent and was told One riot, One Ranger. Like most such stories, if it isn t true, it should be. In any given year, a small number of gun owners will make a desperate call from jail searching for that One Lawyer to simplify their lives. The question is always which one?. 1 32

37 Other inmates of the jail will be connoisseurs of the legal abilities of various lawyers. Their opinion may be colored by recent results, which may have been affected by a turn of circumstances. Bail bondsmen are a source of information. However, the recommended lawyer may simply be the attorney who collects his bad debts. Any phone book will devote a substantial number of pages to lawyers. It is possible to select one by calling the first listing, and profitable to the firm of Aaron, Aaron and Aaron, but not practical. The Aaron s may confine their practice to estates and trust law, personal injury law, or endangered species law, and no matter how endangered one might feel, they would not help. Advertisements help to narrow the field. A U.S. Supreme Court Justice once said that he would never hire an attorney who advertises. This justice was never in the position of making a frantic call from jail, and when he practiced law would be more likely to meet prospective clients at his Club than the jail. Legal ethics limit the amount of information advertisements can contain, which is further limited by extortionate fees for larger ads. 2 Advertising makes it possible to determine which lawyers practice criminal law, in what states, and if they take credit cards. State Bar Associations are closed shops; in order to practice law in a state an attorney must be a member of the State Bar Association or have local counsel who is a member. In any given location three separate jurisdictions exist: federal, state and local. Each jurisdiction has its own unique rules and practices. In the nature of these things, some attorneys are more experienced in one jurisdiction than the others. Clients often reject lawyers in their own area in the belief that they are hopelessly corrupt. These people go to great pains and expense to get a lawyer from elsewhere. It is not clear why they think lawyers from elsewhere are different. It is said that a good lawyer knows the law, but a great lawyer knows the judge. There is something to be said for this saying. A lawyer who knows the judge knows how he will react to evidence or argument. A judge who knows an attorney is more likely to believe him. This is not a conspiracy it is human nature. Attorneys want to get paid up front. Once an attorney enters his appearance in a case, he is stuck with it. Taking payments may not be possible. Every attorney has stories of clients who stopped paying, leaving them suffering indentured servitude. In 1924, in a real Trial of the Century, Clarence Darrow took the case of Leopold and Lobe without a retainer. He made new law in saving the spawn of obscenely wealthy families from a well-deserved execution. He was also stiffed for his fee. Many law firms take credit cards, as do bail bondsmen. Few people can meet unbudgeted expenses in the thousands or tens of thousands of dollars in the course of an evening. When the banks are open, it is possible for Grandma to tap her life savings, negotiate a second mortgage on the house, or a title loan on the car. The NRA s Civil Rights Legal Defense Fund provides funding, but only in cases of general significance, and only after its Board votes. 3 All these resources take time. Nothing beats a credit card for immediate payment; the ultimate cost may be less than a stay in jail. Keeping a couple of unused credit cards, one for 33

38 bond and the other for lawyers could come in handy. It is also possible to hire an attorney by assigning the bail bond. However; this is only possible when the defendant pays the entire bond himself. The amount of bond and legal fees will vary with the severity of the case. When there is blood on the ground or a constitutional principle at stake the client has a 55 Gallon Drum problem. This problem is addressed by stuffing $100 bills into a 55 gallon drum, cramming them in as tightly as possible, then wheeling the barrel into my office. 4 Many persons shop around for the lowest price. However, the objective is not a bargain, but freedom. One often gets what one pays for. It does not take much effort to plead a person guilty or go through the motions of a defense; it is therefore less expensive. Some lawyers go for volume, some are expensive. Legal ethics prohibit a guaranteed legal result. 5 If a lawyer offers a guaranteed result, he is likely to violate other legal ethics as well, and this cannot work well for the client. It is therefore not possible to charge one fee for a successful result, and another for a guilty verdict. It is less stressful to find a lawyer in advance of trouble. This is not a matter of finding loopholes, but of learning the rules before engaging in an activity. There are rules for scuba diving, mountain climbing, carrying a gun and self-defense; the wise participant learns them in advance. The person consulted should be an attorney. Some persons espouse sovereign citizenship and common law theories which allegedly exempt the person from any law of which they disapprove. Apostles of these unlikely superstitions claim legal success. I have been unable to confirm any such victory. I do know of two such individuals who made their situations worse. One turned a speeding ticket into a jail sentence; another turned the chance of a fair trial into a conviction. A lawyer is necessary. A weekend hunter will not find a trophy animal in the wilderness without a guide. A defendant will not find justice in the thickets of the law without an attorney. The National Rifle Association provides a reference list of attorneys, as does the Second Amendment Foundation. 6 These attorneys can be accepted as gun people, but are not otherwise vetted. Computer search engines may turn up others. Attorney referral services may be found in yellow pages and the internet. These resources may reflect lawyers who have purchased a place on the list more than any qualifications. Local Bar Associations may provide referrals to attorneys in relevant fields. Armed with a selection of lawyers to interview, one must have an idea of the purpose of the interview. The first objective is to convince the lawyer of one s innocence. Criminal defense lawyers usually represent people who are guilty of something. For a criminal a conviction is a cost of doing business, for the survivor 34

39 of a gunfight, it is a tragedy. It is a completely different mindset to represent an innocent man who cannot afford to lose. Next is to determine what the attorney can do for the client. Bad things usually do not happen during office hours. 7 It must be possible to reach the lawyer at two in the morning, not his voice mail but a human lawyer who can give human advice. The lawyer s retainer will be unknown until a charge is filed, although it will be some function of a 55 gallon drum, and perhaps two. The lawyer s hourly rate will give some indication. For every hour spent on the case, the hourly rate is deducted from the retainer. When the retainer is reduced to zero, bills are sent. Certain expenses become extra bills. Charges for expert witnesses, process servers, and investigators are typical. Some firms also bill for photocopies, faxes, and office staff. 8 General advice the lawyer can give about weapons and self-defense law will be useful in preventing problems. It is also important in helping the client decide if he is willing to entrust his future to the lawyer s decisions. Some lawyers will take a small fee to be on call in the same way that they are registered agents for corporations. This gives the lawyer the advantage of a file to work from with contact information of persons to underwrite bail and perhaps an extra credit card. Criminal defense lawyers keep prosecutors honest, a more difficult project than one gathers from watching Law and Order. If the worst thing happens, your One best friend in the world will charge by the hour. Kevin L. Jamison is an attorney in the Kansas City Missouri area concentrating in the area of weapons and self-defense. Please send questions to Kevin L. Jamison NE 56th Ter -- Gladstone, Missouri KLJamisonLaw@earthlink.net. Individual answers are not usually possible but may be addressed in future columns. This information is for legal information purposes and does not constitute legal advice. For specific questions you should consult a qualified attorney. 1 One is tempted to suggest a near-sighted and unshaven lawyer in Gladstone, Missouri, but the advice here is more general. 2 Legal ethics exist for Good and Sound reasons and are followed by members of the Bar. No smirking will be tolerated. 3 See Contact NRA Civil Rights Defense Fund, Waples Mill Rd, Fairfax VA (703) The problem will then be addressed, I did not say solved. 5 I don t mind the lawyer jokes; I raise my fees whenever I hear them. 6 See or 7 I was once called at two in the afternoon to assist an acquaintance who had just killed someone. I arrived before the detectives, which they found disturbing, but it worked out. This timing is unique. 8 I find such billing to be an accounting burden, other firms delight in it. 35

40 Lesson 3 Basic Pistol Introduction Pistols Nothing better describes a pistol than recognizing it s a machine. A mechanical device, developed to be operated as a tool for protection and recreation. As with any machine, it makes complete sense to learn how to operate it for maximum efficiency for what it is designed. A pistol in the hands of a safety conscious and knowledgeable person is very safe and reliable to operate. Types of Pistols The term pistol is defined as a gun with a short barrel that can be held, aimed, and fired with one hand. Many types of pistols exist, including revolvers, semiautomatics, muzzle loaders, hinged action, bolt action, falling block, and air pistols. While the word pistol is commonly associated with semi-automatic handguns, it is proper to use pistol to refer to all types of handguns. While there is a wide variety of different pistol types available, the two most popular for defensive carry are the semi-automatic and the revolver. A pistol generally has three main components: Frame Barrel Action 36

41 These components, although they exist in both pistol types, can function very differently between revolvers and semi-automatics. Revolvers A revolver is a pistol that has a rotating cylinder designed to contain cartridges. The action of the trigger and/or hammer will rotate the cylinder and fire a cartridge. Revolvers will use one of three types of actions: Single Action, Double Action, and Double Action Only (DAO). A single action revolver, the trigger will only perform a single action: releasing the hammer. This requires the hammer to be pulled back, or cocked, each time before the trigger can be pulled to discharge a bullet from the cartridge. The hammer will stay cocked until the trigger is pulled. This is the type of firearm commonly used in the old west and is not recommended for use as a self-defense firearm outside the home. A single/double action, more commonly referred to as double action, revolver can be operated in the same manner as a single action revolver in that you can pull the hammer back to the cocked position before squeezing the trigger. Where it is different, is the trigger can be used to perform two actions: manipulate the hammer into the cocked position as well as release the hammer to cause a cartridge to discharge. A double action only revolver does not have a hammer and therefore is unable to have the hammer manually cocked. The trigger pull is much greater with a double action. Typically, a trigger will need about 5-8 pounds of pressure to operate a double action but will only need about 1-2 pounds of pressure to operate in single action. Additionally, the distance the trigger must travel is greater with a double action, typically about 3/4 of an inch or more compared to about 1/8 of an inch for single action. Semi-Automatics A semi-automatic pistol is significantly different from a revolver in its basic operation. After it cartridge is fired by pulling the trigger, the empty case is automatically extracted and ejected, and a new cartridge is inserted into the chamber. Because a new cartridge is automatically loaded or placed into the chamber, this type of pistol is sometimes referred to as an autoloader. Semiautomatic pistols also have three types of actions: Single/Double Action, Double Action Only (DAO), and Striker Fire (hammerless). 37

42 The single/double action and double action only operate in the same manner as the revolver. The difference with a single/double action on a semi-automatic is that after the first round is fired using either single or double action, each following round is fired as a single action since the hammer is placed into the cocked position with each loading of a new cartridge. This is not the case with double action only where the hammer is not capable of being left in the cocked position. The striker fire does not have a hammer at all. The firing pin is locked back under tension of a compression spring. When the trigger is pulled, the internal mechanism releases the firing pin to strike the primer of the cartridge. A striker fire will typically require the same amount of trigger pull as a double action. The trigger will also need to travel the same distance each time in order to cause the gun to fire. Nomenclature The following list is common with both revolvers and semi-automatics: q Frame the backbone to which all other parts of the firearm are attached. w Barrel the metal tube through which the bullet passes on the way to the target. e Action a group of moving parts used to load, fire, and unload the pistol. r Backstrap the rear portion of the grip frame. t Grip the portion of the handgun that is held by the hand. y Trigger a part of the firing mechanism which, when pulled toward the rear of the firearm, operates the action. u Trigger Guard a ring-like bar which protects the trigger from being pushed toward the rear of the firearm. i Muzzle the end of the barrel where the bullet exits. o Front Sight a raised point located above the muzzle and used in aiming the pistol. a Rear Sight a raised point located at the rear of the pistol used in aiming. s Chamber the rear portion of the barrel (on semi-automatic pistols) or in the cylinder (on revolvers) which accepts and positions a cartridge for firing. 38

43 d Hammer a part of the firing mechanism located at the rear of the firearm which, when pulled back far enough with the trigger pull, breaks free and strikes the firing pin. f Hammer Spur an exposed part of the hammer allowing the hammer to be cocked into a single action position for firing. g Firing Pin the part of the firing mechanism which impacts the primer of the cartridge causing the cartridge to discharge. 39

44 The following is common only to semi-automatics: h Safety a device which is designed to disengage the firing mechanism and/or place a physical block between the hammer and firing pin to prevent an unintentional discharge. j Extractor a part of the slide which hooks onto the rim of the cartridge to remove the chambered cartridge when the slide is moved rearward. k Ejection Port an opening in the slide by which cartridges are ejected from the gun. l Slide the upper portion of the firearm which moves rearward after firing. The slide houses and protects the firing mechanism and typically the barrel. ; Slide Stop/Slide Release a lever on the opposite side of the ejection port used to either lock open the slide or to release a slide already locked open. 2) Magazine a container for cartridges commonly referred to as a clip. 2! Magazine Release a small lever which when pressed releases the magazine from the pistol. 2@ Striker found in semi-automatic pistols without a hammer. The striker is placed into the single action firing position with each full rearward movement of the slide. The following is common only to revolvers: h Cylinder the revolving portion of the handgun capable of holding several cartridges (typically five to six cartridges). 40

45 j Cylinder Release a lever, when pressed, allows the cylinder to open away from the frame to add or remove cartridges from the cylinder. k Ejector Rod the pin in which the cylinder revolves around and when pressed will push the cartridges out of the cylinder. The inside of the barrel: q Bore the inside of the barrel. w Rifling a twist made inside the bore to cause the bullet to rotate improving accuracy. Rifling is measured as 1 twist in X inches. e Lands the raised portion of the rifling. r Grooves the recessed portion of the rifling. t Caliber the size of the bore measured between lands on opposite sides of the bore. Since the caliber of a firearms is measured between opposing lands, all bullets are actually slightly larger than the caliber of the firearm. 41

46 Lesson 4 Introduction to Ammunition A cartridge, also called a round, packages the bullet, gunpowder and primer into a single metallic case precisely made to fit the firing chamber of a firearm. The primer is a small charge of impact-sensitive chemical that may be located at the center of the case head (centerfire ammunition) or at its rim (rimfire ammunition). A cartridge without a bullet is called a blank; one that is completely inert is called a dummy. In popular use, the term bullet is often misused to refer to complete cartridges. This is incorrect; bullet refers specifically to the projectile itself, not the entire cartridge. The cartridge case seals a firing chamber in all directions except down the bore. A firing pin strikes the primer, igniting it. A jet of burning gas from the primer ignites the powder. Gases from the burning powder expand the case to seal it against the chamber wall. The projectile is then pushed in the direction that has least resistance to this pressure, down the barrel. After the projectile leaves the barrel the pressure drops, allowing the cartridge case to contract slightly easing its removal from the chamber. Automatic and semiautomatic firearms, which extract and eject the case automatically as a part of their operating cycle, sometimes damage the case in 42

47 the process of ejection. Brass is a commonly used material, as it is resistant to corrosion and ductile enough to be reformed and reloaded several times. However, some ammunition is also made with aluminum cases. Although more ductile than brass, the low tensile strength of aluminum cases prevents them from being reloaded. Critical specifications include caliber, bullet weight, expected velocity, maximum pressure, headspace, overall length and primer type. A minor deviation in any of these specifications could result in damage to the firearm, and in extreme cases injury or death of the user. The diameter of a bullet is measured either as a decimal fraction of an inch, or in millimeters. The length of a cartridge case may also be designated in millimeters. The stated caliber of any given ammunition or firearm may not necessarily correlate to the exact dimensions. Where two numbers are together, the second number can contain a variety of meanings. Frequently the first is the diameter (caliber) of the cartridge, and the second is the length of the cartridge case. For example, the 9 19mm uses a bore diameter of 9 mm and has an overall case length of 19 mm. In the case of old black powder cartridges, the second number typically refers to the powder charge. For example, the Sharps is a.50 caliber bullet (.512) with a nominal charge of 90 grains (5.8 g) of black powder with a case length of 2.50 inches (64 mm). Cartridge nomenclature is inconsistent and must be carefully considered. The.38 Special actually has a bullet diameter of inches (9.1 mm) (jacketed) or inches (9.1 mm) (lead) while the case has a nominal diameter of inches (9.7 mm) to allow the projectile to fit within a case with a wall thickness of half of the 23/1000 of an inch difference. The.357 Magnum is a direct evolution of the.38 Special, but differently named, and no reference is made to the longer case except by the name Magnum. The rifle round is a (nominally).30 inches (7.6 mm) caliber round designed in 1906; and the.303 British chamber and bore may vary greatly in actual dimensions. It is prudent to slug the barrel to determine the actual diameter prior to using. Most high-powered firearms have relatively small projectiles moving at high speeds. This is because while bullet energy increases in direct proportion to bullet weight, it increases more so in proportion to the square of bullet velocity. Therefore, a bullet going twice as fast has four times the energy. Bullet speeds are now limited by starting bore pressures, which in turn are limited by the strength of chamber and barrel materials and the weight of the firearm people are willing to carry. Larger cartridges have more powder, a heavier projectile and usually high velocities. Of the thousands of different designs and developments that have occurred, essentially only two basic cartridge designs remain. All current firearms are either rimfire or centerfire (rimmed and rimless). Centerfire A centerfire cartridge has a centrally located primer held within a recess in 43

48 the head/base of the case, which in most modern ammunition can be replaced, so that the brass cartridge case can be reused. Such a cartridge is often Boxer primed. Rimfire Rimfire cartridges, of which only the popular.22 LR (Long Rifle) remains in common use, were a popular solution before the centerfire design was fully perfected. They can only be used for fairly low powered cartridges, as the case has to be soft enough to be deformed by the firing pin, which detonates the priming compound in the rim. Today,.22 LR accounts for much of rimfire ammunition shot. Recently, a.17 HMR rimfire cartridge was released, and has become extremely popular among target shooters as well as small game hunters, due to its high velocity and flat shooting characteristics..22 LR rounds normally use a soft lead bullet, and can be supersonic or subsonic. They are often copper-washed both for toxicity reasons and to prevent barrel fouling..22 Magnum cartridges typically contain copper jacketed lead projectiles. The newer.17 rounds all feature bullets similar in construction to those found in centerfire cartridges, such as copper jacketed lead. The.22 LR is also unique because it is the only mainstream cartridge using a heeled bullet, where the external diameter of the case is the same as the bullet s caliber. Semi-Automatic vs. Revolver Cartridges Nearly every semi-automatic pistol cartridge is rimless, or more explicitly has an inset rim that the extractor engages. Certain exceptions apply, namely for.45 ACP and 9mm Parabellum caliber rimless cartridges, which can be used in revolvers when the cartridges are held in place at the inset with a half-moon clip, which keeps the otherwise flush cartridges held within contact distance of the hammer. Revolver cartridges, on the other hand, have a rim at the base of the case that seat into the cylinder block to keep the cartridge from moving too far forward in the cylinder. For a visual comparison of similar-sized cartridges with different rims, see.380 ACP (semi-automatic) vs..38 Special (revolver.) It is important to note that equivalent caliber is by no means equivalent power. Generally speaking, stopping power is determined by the weight of the bullet, the terminal ballistics of the bullet does it stay straight and in one piece, tumble, or mushroom on impact and the charge of gunpowder accelerating it. Full Metal Jacket (FMJ): Made with a lead core surrounded by a full covering of brass, copper, or mild steel. These have very little deformation or expansion but will occasionally tumble. Despite the name, a FMJ bullet typically has an exposed lead base, which is not visible in an intact cartridge. Jacketed Hollow Point (JHP): Soon after the invention of the JSP, Woolwich Arsenal in Great Britain experimented with this design even further by forming a hole or cavity in the nose of the bullet while keeping most of the exterior profile 44

49 intact. These bullets could theoretically deform even faster and expand to a larger diameter than the JSP. In personal defense use, concerns have arisen over whether clothing, especially heavy materials like denim, can clog the cavity of JHP bullets and cause expansion failures. Jacketed Wadcutter (JWC) (also known as Jacketed Soft Point, JSP): In the late 19th century, the Indian Army developed a variation of the FMJ design where the jacket did not cover the nose of the bullet. The soft lead nose was found to expand in flesh while the remaining jacket still prevented lead fouling in the barrel. For metallic silhouette purposes, JSP is roughly splitting the difference between FMJ and JHP. It gives more penetration than JHP but has more stopping power than the FMJ. Round Nose Lead (RNL): An unjacketed lead bullet. Although largely supplanted by jacketed ammunition, this is still common for older revolver cartridges. Some hunters prefer round nose ammunition for hunting in brush, because the bullet deflects less than sharp-nosed bullets, and long range is not required. Wadcutter (WC): Similar to the FNL, but completely cylindrical, in some cases with a slight concavity in the nose. This bullet derives its name from its popularity for target shooting, because the form factor cuts neat holes in paper targets, making scoring easier and more accurate. Selecting Ammunition for Your Firearm It is important that you select the correct ammunition for your firearm. Failure to use the correct ammunition could result in injury, damage to the firearm, or simply cause the firearm to not function correctly. All firearms will list the type of cartridge it is designed to fire. This indication may be found on the frame, the slide, the barrel, or the ejection port. Be absolute sure this matches what is shown on the box of ammunition as well as on the case of the ammunition itself. For example: a.38 Auto cartridge will fit into the chamber of a.38 Special revolver but, because it is a rimless cartridge, the cartridge may not fire when the firing pin strikes the primer. Instead, the cartridge may be pushed further into the chamber making it difficult to unload. Ammunition types are listed numerically:.22 Long Rifle (.22 LR): A cartridge which is often used for target shooting and the hunting of small game such as squirrel. Because of its small size, self-defense handguns chambered in.22 rimfire, though less effective than centerfire handguns, can be concealed in situations where a larger handgun could not. It is the most commonly fired small arms cartridge, primarily because rimfire ammunition is much cheaper and the recoil from the light.22 cartridge is very mild..357 Magnum: Using a lengthened and strengthened version of the.38 Special case, the.357 Magnum was rapidly accepted by hunters and law 45

50 enforcement. At the time of its introduction, it was claimed to easily pierce the body panels of automobiles and crack engine blocks..40 S&W: A shorter-cased version of the 10mm Auto..44 Magnum: A high powered pistol cartridge designed primarily for hunting..45 ACP: The standard US pistol round for about a century. Typical.45 ACP loads are subsonic, making them ideal for suppressed weapons. 9 19mm Parabellum: Invented for the German military at the turn of the 20th century, the wide distribution of the 9 19mm Parabellum cartridge made it the logical choice for the NATO standard pistol and SMG round. Regardless of the ammunition, there are four basic components of a cartridge. These are the primer, powder charge, case, and bullet. The primer is an impact sensitive chemical compound used for ignition. In a rimfire cartridge, it is contained in the inside rim of the case s base. In a center-fire cartridge, the primer is contained in a small metal cup, and is located in the center of the case s base. The powder charge is a fast burning chemical compound used as a propellant, and is contained inside the body of the case. The case is a metal cylinder, usually made of brass, which is closed at one end and contains the other three components. The bullet is a projectile, usually made of lead and sometimes covered with a layer of copper or other metal. It is located at the mouth or opening of the case. Care and Storage of Ammunition Always keep ammunition in the factory box or carton. The labeling on the original container will help to identify the cartridges so that they can be used in the pistol for which they are intended. In order to help ensure that the cartridges will function properly, store them in an area where there are not unusual variations of temperature and humidity. Storage in areas prone to extreme high temperatures should be avoided, such as those found in an attic or car trunk. A cool, dry area is best for storage purposes. For safety reasons, ammunition should be stored separately from guns. Also be certain to store ammunition so that it is not accessible to unauthorized persons, especially children. Always wipe fingerprints from ammunition. Acids, salts, and other chemicals contained in fingerprints can cause corrosion. Also beware of storing cartridges in leather cartridge belts. Acids in the leather can cause corrosion BULLET 2. CASE 3. POWDER 4. PRIMER RIMLESS RIMMED 46

51 Cartridges should never be submerged in water or be exposed to any solvents, petroleum products (including gun oil), bore cleaner, ammonia, or other chemicals. These materials can penetrate a cartridge and cause the primer or the powder to deteriorate. This type of damage to a cartridge can result in the following malfunctions: Misfire the failure of the cartridge to fire after the primer has been struck by the firing pin. Hangfire the perceptible delay in the ignition of a cartridge after the primer has been struck by the firing pin. Squib load the development of less than normal pressure or velocity after ignition of the cartridge. When a cartridge fails to fire immediately, it will not be known at first whether the problem is a misfire or a hangfire. Keep the pistol pointed in a safe direction. A hangfire condition might exist and the cartridge could still fire. Don t attempt to open the action of the pistol to remove the cartridge for at least 30 seconds. When firing your pistol you noticed anything unusual when a shot is fired, such as a difference in recoil or noise, stop firing immediately. A squib load may have been fired. Keep the muzzle pointed in safe direction and unload the gun. Then, with the action open, carefully run a cleaning rod through the barrel to be sure that it is not obstructed. (Squib loads can result in the bullet failing to exit the barrel. If the bullet is lodged in the barrel, the firing of another shot could cause serious injury or damage.) Dangerous Range of Ammunition A discharged bullet can travel great distances. Factors contributing to how far a bullet can travel are the size and weight of the bullet, the amount of powder in the cartridge, the wind and humidity, and the angle of fire (trajectory). Depending on the above factors and the distance to the target, the bullet, when fired, may not have the desired effect on impact with the target. However, in most personal defense situations, these should not pose an issue other than distance to the target. The reason for considering the dangerous range of ammunition is in the event of a missed shot or while practicing your shooting skills. The effective range of ammunition is maximum distance a bullet can travel and have consistent accuracy. In other words, this is the maximum distance a bullet will travel and hit the target where your sights were aimed at. Beyond this range, 47 Squib Load

52 gravity starts to play a role in determining where your fired shot will land. The maximum effective range is the distance a bullet can travel and have reasonable accuracy. This is the maximum distance for a shot before all of the previously mentioned factors play too great a part in the impact of the bullet on the target. The absolute maximum effective range is the furthest distance a bullet can travel and still have a lethal impact on a target. The maximum range is the maximum distance a bullet can travel under ideal conditions. For example, the bullet from a standard 9x19mm (9mm Luger) pistol cartridge: Effective Range: 50 yards (less than half of a typical city block) Maximum Effective Range: 200 yards (about 1 ½ blocks and the bullet will drop about four feet) Absolute Maximum Effective Range: 2,000 yards (about 1.1 miles) Maximum Range: 2,400 yards (about 1 ½ miles) Now, seeing what the range of the most common defensive carry ammunition is, it can easily be understood why the need to be aware of our surroundings when using a firearm. It can also be easily understood why you should not discharge a firearm randomly into the air as the bullet can travel a great distance without you safely knowing what is out at that distance. 48

53 Lesson 5 Selecting a Firearm for Personal Protection Choosing to own a handgun for personal protection requires careful consideration of a number of factors. The selection of a specific firearm and ammunition for self-defense can be just as critical and should entail the same comprehensive deliberation. A firearm is a tool for delivering energy at a distance. This energy can be used to do various tasks such as harvesting game, punch a hole through a paper target, or, in the case of a defensive firearm, stop a criminal attack. Gun Fit One of the most important factors contributing to a shooter s ability to shoot quickly and accurately is gun fit. Gun fit refers to how comfortably and naturally the firearm fits the hand. This is in respect to how well the firearm s grip size, grip angle, location of controls, length, size and other characteristics fit a particular shooter. Related to gun fit is gun ergonomics, a term that relates to the convenience and efficiency of the positioning of controls and gripping surfaces. Gun fit is highly individual. For example, guns that are suited for those with large, fleshy hands may not fit those having small, bony hands, and vice versa. Proper gun fit allows you to maintain a consistent grip, positions your trigger 49

54 finger in the proper location on the trigger, and facilitates your assumption of a stable shooting position. Before you purchase a gun, you should test-fire a number of different models to determine which will best fit you. Guidance on gun fit can be provided by NRA certified instructors. Test firing a variety of handguns also will give you the opportunity to experience different action mechanisms. While there are a variety of handgun types, including single and double-action revolvers, single-action, double-action and double-actiononly semi-automatics, derringers and even single-shots, the novice defensive shooter will be best served by either a double-action revolver or a double-action only semi-automatic. Revolver or Semi-Automatic? Among firearm instructors, gun writers and other authorities, both revolvers and semi-autos have their passionate adherents. Each type has strengths and limitations. The double-action revolver is recommended for new shooters because of its simplicity of operation and reliability. Once its cylinder is loaded, it is fired simply by pulling the trigger: no safety levers need be disengaged. Because the revolver does not depend upon the recoil generated by the cartridge for operation, it is capable of handling a wide variety of loadings in a particular chambering caliber. Moreover, the revolver s mechanism confers at least a theoretical reliability edge. The main drawback to the revolver as a defensive firearm is its limited ammunition capacity. Most defensive center-fire revolvers have a cylinder capacity of only five or six rounds. This is considerably less than the magazine capacity of most semiautomatic pistols. The revolver is also slow to reload, even with speed loaders (devices which allow the quick, simultaneous insertion of all the rounds into the cylinder). Additionally, each shot with the revolver must be fired using a long, relatively heavy trigger pull that some shooters find detrimental to accuracy. 50

55 The semi-automatic pistol (sometimes called a self-loader) has, in recent years, largely superseded the revolver as the handgun of choice for law enforcement officers and other armed professionals. Semi-autos have always had wide popularity among civilian shooters. The popularity of semi-automatic firearms stems from several factors. First, they generally have considerably greater cartridge capacity than revolvers of similar size, allowing more shots to be fired before reloading is necessary. When reloading is required, the semi-automatic can be reloaded with a full magazine much more quickly than a revolver s cylinder can be filled, even with speed loaders. Also, although the initial shot from a typical double-action semi-automatic is fired using a long and heavy trigger pull similar to that of a double-action revolver, each subsequent shot is fired by a short, light single-action pull, which is generally considered to contribute to accuracy. (This advantage is negated on double-action only semi-automatics, in which every shot is fired in double-action mode.) Lastly, the semi-auto generally is narrower in width than the revolver a factor when concealment or cramped gun storage space is a concern. Semi-automatics have several limitations, however. They are more ammunition sensitive than revolvers, as they require cartridges within a certain power range to ensure their recoil-operated mechanisms function properly. Also, their rapidly moving parts make them somewhat more prone to jams than revolvers (although the reliability of today s semi-autos generally is excellent). Semi-automatic mechanisms usually include safety levers, de-cocking levers, and/or slide release levers making them initially less intuitive to operate. Furthermore, on virtually all semi-automatics, the slide must be manually retracted and released to chamber a round. The stiffness of the recoil springs on many semi-automatics makes these pistols difficult to use by those with low hand and arm strength, arthritis or other physical limitations. Such individuals also may find it difficult to hold the semiautomatic pistol rigidly enough to ensure reliable operation. Cartridge Selection For either type of firearm, there is a wide range of cartridges to choose from. The effectiveness of a self-defense firearm is related to some extent, to the amount of energy it can deliver. This energy is usually expressed in terms of a measure called kinetic energy or muzzle energy. This is calculated using both bullet weight and bullet velocity and is expressed in foot-pounds. Different cartridges are capable of generating different levels of kinetic energy and thus vary in their ability to stop an assailant. Cartridge characteristics also influence the ability of the shooter to place shots precisely and rapidly on the target and to handle recoil. As a general rule, you should select the most powerful cartridge that you can handle effectively that is, one that does not produce flinching or excessive recoil and allows you to apply follow-up shots quickly and accurately. This is determined primarily by test-firing handguns chambered for different cartridges. If possible, try handguns of different weights and sizes in the same chambering. If you find it difficult to handle the recoil generated by the.38 Special cartridge in a small, lightweight revolver, you 51

56 Ammunition Size: 12 Gauge shotgun shell and AA Battery (for general comparison),.454 Casull,.45 Winchester Magnum,.44 Remington Magnum,.357 Magnum,.38 Special,.45 ACP,.38 Super (.38 Auto), 9mm Luger,.32 ACP, and.22 LR. might more easily control a heavier, bigger gun chambered for the same cartridge. As a broad generalization, most firearm authorities recommend a minimum of 9mm Parabellum (also known as 9mm Para, 9mm Luger or 9x19mm) for semiautomatic pistols and.38 Special for revolvers. However, there are some shooters with recoil sensitivity or low hand strength which will not permit them to handle even these rather moderate power cartridges. Such individuals should not feel themselves hopelessly under gunned with a pistol or revolver in.38 S&W,.380 Auto,.32 Auto,.25 Auto or even.22 Long Rifle. With proper bullet placement, even such low powered rounds have proven effective for self-defense. Additional Factors In addition to gun fit and chambering, other factors may influence handgun selection. The single most important characteristic of a firearm that is intended for personal protection is the gun must be virtually 100% reliable. Gun size is significant if the firearm is also to be used for concealed carry purposes or if firearm storage space is minimal. Safety features are always of concern, particularly when the gun is used or stored in an environment in which there are children or other persons unauthorized to handle firearms. Manufacturer s reputation and price usually also play a part in any gun s purchase. Some additional factors to consider, does the gun have adjustable sights that allow the shooter to zero the firearm, or does it have fixed sights which are more rugged and dependable. Or does the gun have night sights which contain selfluminous tritium inserts that allow you to use the sights in the dark. Ammunition capacity, how much is sufficient? Finish, materials, blued or stainless steel, aluminum or polymer frames, and so forth. Are parts and service available? Are accessories available? Holsters Proper holster selection is almost as important as selecting the firearm itself. 52

57 There are many types of holsters available with different features and benefits. When selecting a holster, you will want to select one that has a retention feature which will allow you to securely carry your firearm and will provide you with the comfort necessary to wear it all day and every day. A holster s purpose is to protect the firearm. Protection not only means keeping it free from possible scratches, dings and other cosmetic issues, but it also means keeping the action, primarily the trigger, protected to avoid an unintentional discharge. Additional purposes for a holster are to all for safe carrying of the firearm as well as keeping the firearm placed for easy access and oriented for easy draw. There are several types of holsters available as well as several types of retention features available. Each will have advantages and disadvantages in allowing for concealment and comfort while carrying. Accessories to Consider There are many accessories to consider. Some are for necessity, some are for comfort, and others are for style. Which accessory falls into which category is up to the individual person. Bright Flashlight preferably one that is of the tactical style. A tactical-style flashlight has a momentary on button on the base of the flashlight. It is held with the light extending out the opposite side of your hand from your thumb so the button can be pressed by your thumb. A good tactical flashlight will cost around $60.00 or more. If you need to use a standard flashlight, make sure it is a rechargeable flashlight and always kept charged so you don t have to worry about the batteries going dead when you need it most. Extra Magazines For most typical personal defense encounters, carrying only one magazine should be necessary, however, it is recommended to have at least one more magazine with you. A good rule to follow is to purchase at least one more magazine than you intend to carry. This will allow you to rotate a magazine out of use once per month to give the spring time to rest. When cleaning your firearm, be sure to include the disassembly and cleaning of your magazines as well. Believe it or not, they can become just about as fouled as your firearm and can malfunction or cause malfunctions just the same. 53

58 Speed Loaders If you choose to carry a revolver, it is highly recommended to carry extra ammunition using speed loaders. Speed loaders allow you to carry the extra ammunition in such a manner to allow faster reloading of your revolver. Some speed loaders will carry the ammunition so that all cartridges can be dropped into the cylinder chambers at the same time. Others carry the ammunition in a straight line keeping the cartridge aligned and properly oriented for quick insertion into each chamber. Cell Phone A cellular phone is one of the most important accessories for personal defense. It is your link to assistance in the event of a violent encounter. In addition to calling 911, your second call can be to an attorney which may aid in your defense through your phone records. 54

59 Lesson 6 Firearm Safety This lesson is to provide you with the basics of firearm safety. As we have established already, there is a great responsibility with carrying a firearm. Any time you have a firearm, whether it is in your possession or not, there are basic rules that must be followed to ensure the safe handling and storage of ANY firearm. Safety must be the first concern when handling or using a pistol or any other type of firearm. The need for caution exists wherever guns are located-at home, on the shooting range, or when being carried or transported. Firearm Discharges When a firearm discharges, the bullet leaving the barrel will eventually strike an object and will cause damage to that object. In a situation, whether it is for personal protection or at the gun range, making the conscious action of pointing a firearm, taking aim, and squeezing the trigger will provide an intentional discharge. This intentional discharge is what provides the safest discharge of a firearm in any given situation. We all have heard the statement made that the gun accidentally went off. Well, there truly is no such thing as an accidental discharge. What there is, however, is an unintentional discharge. An unintentional discharge may occur if you fail to 55

60 follow any one of the basic firearm rules. This can lead to serious injury or death to anyone including you. There are two primary causes of firearms related injuries: carelessness and ignorance. Carelessness is not handling the firearm in a safe manner, such as carrying it Hollywood style inside the waistband of the pants without using a holster. Many people have self-inflicted gunshot wounds to buttocks, legs, and even genitals from carrying this way. Ignorance is lack of knowledge. It comes more from not receiving formal training from a certified instructor on the safe handling and use of a firearm as well as not reading the manual that came with your firearm. Not knowing how to safely use a firearm is not an excuse. In both of these cases, accidents can easily happen. But when people practice responsible ownership and use of guns, accidents don t happen. Basic Firearm Rules ALWAYS Treat every firearm as if it is loaded. Keep the firearm pointed in a safe direction. Keep your finger off the trigger until you are ready to shoot. Keep the firearm unloaded until intended to be used. Securely store the firearm and ammunition when not in use. These five basic rules are so important each one needs to be discussed further. Always treat every firearm as if it is loaded. Just by looking at a firearm, whether it is a semi-automatic pistol, a revolver, or a long-barrel gun, you may not be able to see if it has a chambered round. If someone wants to hand you a firearm, ask them to ensure that it is empty and there is no round chambered. With a revolver, this means opening the cylinder and handing it to you with the cylinder open. For a semi-automatic, it is removing the magazine and locking the slide back. Then, regardless of the firearm, visually inspect that there is no ammunition ready to be chambered. When they hand you the firearm, hopefully they do not have their finger on the trigger and when you take control of the firearm, make sure you keep your finger off the trigger. Then, you should visually check to make sure the firearm is indeed empty. Keep the firearm pointed in a safe direction. This rule means that a gun must always be pointed so that even if it were unintentionally discharged, it would not cause injury or damage. The key to observing this rule is to always control where the muzzle (the front end of the gun barrel) is pointing. Common sense will dictate the safest direction; this direction can vary depending upon circumstances. For example, when you are outside it is usually safe to point 56

61 the gun up or down. When inside a building, however, additional judgment and care must be exercised. If on the bottom floor, don t point the gun up-a shot could go through the ceiling to a room above. If upstairs, don t point the gun down-a shot might penetrate the floor. Regardless of location, always be aware of where the gun is pointing and of what might lie beyond the immediate view of the area. And, of course, never point a gun at another person! Keep your finger off the trigger until you are ready to shoot. When holding a gun, a person has a natural tendency to place the index finger on the trigger. DON T DO IT! Instead, while pointing the gun in a safe direction, rest your finger along the side of the gun. The trigger should not be touched until you are actually ready to fire the gun. Keep the firearm unloaded until intended to be used. Whenever picking up a gun, keep it pointed in a safe direction, keep your finger off the trigger, and immediately open the action and look into the chamber to be sure that it is empty. (In semi-automatic pistols, the chamber is located at the rear of the barrel. Revolvers have multiple chambers which are located in the cylinder.) If the gun has a detachable magazine, remove it before opening the action. If the magazine is not detachable, be sure to remove the cartridges from it. Remember, always keep the gun pointed in a safe direction and keep your finger off the trigger. If you are uncertain how to open the action and unload a gun, leave it alone and get help from a knowledgeable person. Remember, you must treat every gun as if it were loaded. Even in those instances when a gun is known to be unloaded, continue to treat it as if it were loaded. Securely store the firearm and ammunition when not in use. As a general rule, a gun stored for any purpose other than personal protection should never be kept loaded in the home. Only in unusual circumstances should a loaded gun be kept in the home, and then only if special care and precautions are taken. For example, a gun kept in the home for protection is essentially always in use; however, the gun must be stored in a secure place where it is totally inaccessible to all unauthorized users (both children and adults). And, of course, all local laws must be 57

62 observed. Many factors must be considered when deciding where and how to store guns. A person s particular situation will be a major part of the consideration. Remember safe and secure storage requires that unauthorized individuals (especially children) be denied access to guns. Dozens of gun storage devices are available on the market today: gun cabinets, gun safes, wall racks, hard and soft gun cases, strongboxes, etc. In addition, various types of locking devices which attach directly to the gun, such as trigger locks, are available. However, these mechanical locking devices, just like the mechanical safeties built into guns, can fail and should not be used as a substitute for safe gun handling and the observance of all gun safety rules. Ammunition, as a general rule, should be stored separately from guns. It is preferable to keep the ammunition in the manufacturer s original box. Ammunition should be stored in a cool, dry area and in a manner so that it is not accessible to unauthorized persons. Your firearm is a tool. It is not a toy. DO NOT play with it. Practicing drawing your firearm from your concealment holster is not playing with your firearm. Just remember, when practicing with your firearm, make sure it is not loaded! Additional Firearm Rules The following gun safety rules should also be observed when using or storing a gun: Be sure the gun is safe to operate. Just like other tools, guns need regular maintenance to remain operable. Regular cleaning and proper storage are a part of the gun s general upkeep. If there is any question concerning a gun s condition, a knowledgeable gunsmith should look at it. 58

63 Know how to use the gun safely. Before handling a gun, learn how it operates. Know its basic parts, how to safely open and close the action, and how to remove ammunition from chambers and/or magazines. Nothing can ever replace safe gun handling. Don t rely on a gun s safety mechanism. Like any mechanical device, it can fail. Use it, but don t let it be a substitute for safe gun handling and observance of the fundamental rules of gun safety. A defective mechanism could result in an injury or death. Never pull the trigger on a gun when the safety is in the ON or SAFE position, or when the safety is located anywhere between the ON or SAFE and the OFF or FIRE positions. If the safety mechanism is defective, the gun could fire without any trigger contact when the safety is moved to the OFF or FIRE position at a later time. Don t play with the safety by changing its position constantly. Leave the safety in the ON or SAFE position until absolutely ready to fire. Whether you are using a semi-automatic or a revolver, if the hammer is cocked back for single action use, be sure to learn how to safely lower the hammer. Use only the correct ammunition for the gun. Only BBs, pellets, cartridges, or shells designed for a particular gun can be fired safely in that gun. All firearms should be stamped somewhere on them with the type of ammunition to use. Typically this is on the barrel or the slide. Ammunition can be identified by information printed on the box and sometimes stamped on the cartridge. Do not shoot the gun unless the proper ammunition is used. Additionally, some firearms manufacturers will tell you not to use a specific type of cartridge, such as one made from aluminum or steel. Reading your owner s manual before using your firearm. Know the target and what is beyond it. Be absolutely sure that the target has been identified beyond any doubt. Equally important, be aware of the area beyond the target. This means observing the prospective area of fire before shooting. Never fire in a direction in which there are people or any other potential for mishap. When practicing, be sure there is a safe backstop. Always think first and shoot second. Wear hearing and eye protection as appropriate. Gunshots are loud and the noise can cause hearing damage. Guns can also emit debris and hot gases that could cause eye injury. For these reasons, safety glasses and ear protection are strongly recommended. 59

64 Never use alcohol or drugs before or while shooting. Alcohol, as well as any other substance likely to impair normal mental or physical bodily functions, must not be used before or while handling or shooting guns. Remember that even over-the-counter (non-prescription) medications can impair judgment and cause undesirable physical side effects, such as loss of coordination, vision difficulties, tremors, and drowsiness which could contribute to an accident. Other Safety Suggestions Be a knowledgeable firearm handler and user. Read the instruction manual for your firearm carefully and understand it thoroughly before attempting to use, load or unload, disassemble or assemble, or clean the firearm. If any questions or problems exist, don t guess or experiment. Consult a knowledgeable individual for assistance. Also become familiar with various publications which may increase your knowledge and skills. Before starting to clean a firearm, be certain that it is unloaded. Check to be sure that the chamber is empty and all ammunition is stored away from the area you will be cleaning your firearm. Cleaning a firearm also provides an opportunity to check for proper functioning of the firearm. If a problem is discovered, don t try to fix it yourself. Take it to a competent gunsmith, or return it to the manufacturer 60

65 for repair. Always be sure that the barrel is free from obstructions. A cleaning patch or the wrong size ammunition could obstruct the barrel. If a firearm is dropped, the barrel could become obstructed with mud, snow, or other foreign matter. Before checking the barrel, be sure to keep the muzzle pointed in a safe direction, keep your finger off the trigger, and unload the gun. Check to be sure the chamber is empty. Then, with the action open, visually inspect the barrel to be sure it is not obstructed. When handing a pistol to another person, always point the muzzle in a safe direction, your finger is off the trigger, the magazine (if any) has been removed, the action is open, and all chambers are empty. Never fire at surfaces that can cause a bullet to ricochet, such as water or hard, flat surfaces. Know the dangerous and maximum range of your ammunition. Consider the consequences of a shot if the bullet misses the target or ricochets. Never rush a shot. Take time to make sure all safety rules are being observed. If there isn t time to do this, then don t shoot! Remember, once a shot has been fired, it s too late to change things-the bullet can t be called back and its direction can t be altered. If a cartridge fails to fire when the trigger is pulled and the firing pin strikes the primer, keep the gun pointed in a safe direction. Because the cartridge might still fire, don t attempt to open the action to remove the cartridge for at least 30 seconds. If you notice anything unusual when a shot is fired, such as a difference in recoil or noise, stop firing immediately. Keep the muzzle pointed in a safe direction, keep your finger off the trigger, and unload the firearm. Check to be sure the chamber is empty. Then, with the action open, visually inspect the barrel to be sure that it is not obstructed. A defective cartridge which develops less than standard pressure or velocity could result in the bullet failing to exit the barrel. If the bullet is lodged in the barrel, the firing of another shot could cause serious injury to you or serious damage to the firearm. Don t bypass the magazine of a semi-automatic pistol by manually inserting a round directly into the chamber. If the cartridge is not seated properly in the chamber, it is possible for the slide to hit and ignite the primer when the slide returns to its forward position. Beware of fatigue. It can cause a person to become careless, clumsy, and inattentive. If signs of fatigue appear, stop all shooting activities. Always comply with the rules and regulations of the gun club or firing range you are shooting at. 61

66 Always comply with federal, state, and local firearm laws. Safe Concealment When carrying your firearm for personal protection, it should be carried in a holster or other device intended for carrying a firearm. In other words, if you are going to carry it in a briefcase because of your typical work environments, keep it in a day planner style carrier. This will protect the firearm from catching on anything in the briefcase and providing an unintentional discharge. When carrying on your person, it should be hidden from view and only accessible by you. When needing to remove the firearm from your body to leave it in the vehicle or in the home, the firearm should not be tossed into a glove box, under the seat, or in a drawer. To do so, provides very easy access to others who you have not given authorization to have control of your firearm. When practicing with your firearm, make sure it is unloaded. Don t just double check, triple check. Then check one more time for good measure. Practice first drawing your firearm from your holster and getting a good sight picture. After you have become use to this, then add the element of a shirt or jacket to conceal your firearm and practice drawing your firearm from its now concealed location. Practicing should include holstering your firearm. Learn how to overcome the obstacles that clothing can introduce. Safe Firearm Storage Safe gun storage is an integral part of gun safety. It is one of your prime responsibilities as a gun owner to take all reasonable precautions to prevent unauthorized persons from having access to your firearms. By storing your firearms safely, you ll not only avoid the possibility of an accidental shooting involving a child or other untrained person; you may also prevent a criminal from using your firearm against an innocent person, including members of your own family. In addition, some jurisdictions have laws mandating secure firearm storage. Almost all jurisdictions have criminal negligence laws that can be applied to gun owners who do not take reasonable precautions in storing their firearms. There are 62

67 two main requirements for the storage of defensive firearms. First and foremost, the storage method chosen must provide an adequate level of protection to prevent unauthorized persons from accessing the firearm. The determination of what is adequate protection is a matter of judgment on the part of the gun owner. What is adequate in a home inhabited by a single person or a couple with no children might be wholly inadequate in a home in which numerous adults or children reside. The second requirement is the storage method or device used must allow the gun to be easily retrieved as needed to defend against an intruder or an attack. Again, easily retrieved depends upon the particular circumstances of the environment. Defensive firearm storage usually invokes a compromise between the two requirements presented above. Storage methods that provide a high level of security, for example, often do not allow quick and easy firearm access. Often, the gun owner is best served by utilizing more than one storage method, allowing adaptation to different needs and situations. There is no one best method of firearm storage or one best type of locking or storage device. Each has advantages and limitations. You must choose the firearm storage method that is best for you given your circumstances and preferences. It is also incumbent upon you as a responsible, law-abiding gun owner to know and observe all applicable state and local laws regarding safe gun storage. For instance, if the law in your jurisdiction requires a trigger lock on all stored guns, you must abide by that law no matter what other storage methods you also use such as a high security gun safe. Storage typically refers to securing your firearms for when they will not need to be available for immediate use. When storing your firearms, the storage environment should be a clean, dry, and cool place with the firearm unloaded and the ammunition stored in a separate location. In many gun safes, there are drawers that can be locked for storing ammunition. Do not store firearms where they are easily visible such as a gun rack or a showcase gun cabinet. The need for safety does not end when the firearm is not in your possession. The gun owner is responsible for their firearms at all times. 63

68 Lesson 7 Fundamentals of Shooting and Firearm Retention Successful pistol shooting is based upon the fundamental principles of marksmanship. These fundamentals are aiming, breath control, hold control, trigger control and follow-through. Although these fundamentals may be applied in different ways, depending upon whether the pistol is used for plinking, hunting, formal target shooting, or self-defense, they must always be observed for the most consistent results. Prior to mastering these fundamentals, the pistol shooter must address two other critical aspects of technique: hand and eye dominance and grip. Hand and Eye Dominance Shooting any firearm involves coordination between the eyes and hands. For the majority of people, best shooting is accomplished by firing the gun with the dominant hand and aiming with the dominant eye. Most people have a dominant hand, making them definitely right or left handed. Relatively few people are truly ambidextrous, or able to perform skills involving manual dexterity equally well with either hand. In most cases, the dominant hand is easily determined, as it is the hand that is used for most one-handed tasks. The dominant hand and arm are often stronger and demonstrate better coordination. 64

69 Just as one hand tends to be dominant over the other, the brain also has a preference for one eye over the other. This is known as eye dominance. Most often the dominant eye is on the same side as the dominant hand, but there are many individuals where this is not the case. Many people are not even aware that they have a dominant eye. In almost all normal activities, both eyes act in concert and there are few, if any, normal activities in which one eye only is used. Eye dominance is important in shooting as only one eye is used to aim. Determining eye dominance is easily accomplished through the following exercise. With both eyes open, focus on a small object at some distance (at least feet away). Then extend both hands forward at arm s length, bring the hands together to form a small hole between the webs of the thumbs, and look at the distant object through this hole. Close one eye, then the other. The eye that sees the object you are looking at is your dominant eye. Your dominant eye may not be on the same side as your dominant hand. Gripping the Handgun The one-handed grip was at one time the most common way to hold a pistol. Today it is used primarily in certain forms of target competition, such as NRA and International bullseye shooting. One-handed shooting may also be practiced by those who own a pistol for self-defense. For most pistol shooting activities, a two-handed grip will be used. The vast majority of pistol shooters find that such a grip provides more control of the firearm, steadier aiming, better recoil absorption, and stronger gun retention. To assume the grip, first grasp the pistol behind the muzzle in the support (non-firing) 65

70 hand. Make a Y or the thumb and fingers of the firing hand, and place the gun s backstrap firmly in the web of the firing hand thumb. When this is done, wrap the firing hand fingers around the pistol s grip. Next, bring the support hand around the front of the grip so that the fingers overlie and overlap the firing-hand fingers. The knuckles of the second joint of the support hand fingers should be roughly aligned with the same knuckles of the firing hand. Gripping the gun with tension from both hands creates a steadier hold on the pistol. With a semi-automatic pistol, the support hand thumb should lie directly forward of and below the shooting hand thumb while with a revolver the support hand thumb lies directly over the firing hand thumb. Grip consistency is essential for accurate shooting. Use dry-fire practice to check and reinforce the correct trigger finger placement. Note that the proper grip for one firearm may not be appropriate for another; your grip may vary depending upon the shape of a gun s grip frame. Also, your grip may vary slightly from position to 66

71 position. Aiming Aiming is the process of aligning a firearm with a target so that a bullet fired from that firearm will strike the target where desired. In other words, the point of aim will coincide with the point of impact. Aiming is accomplished using the gun s sights. Most pistols feature iron sights (non-optical sights) consisting of a flat topped front post and a square cornered rear notch. Aiming consists of two stages: sight alignment and sight picture. Sight alignment refers to the proper positioning of the shooting eye, the rear sight, and the front sight in relation to each other. With the notch and post system on most pistols, proper sight alignment for precise shooting occurs when the front post is centered laterally in the rear notch, with the same amount of space on either side of the post, and the tops of both the post and the notch are aligned. 67 Sight picture refers to the relationship between the gun s properly aligned sights and the target. This relationship will vary depending upon the pistol shooting activity in which one is engaged. In traditional bullseye target shooting, the aligned sights are placed at the 6 o clock position in relation to the round black bull. In other target sports, such as pistol silhouette, cowboy action, and practical pistol shooting, the aligned sights are placed at the center of the target. In hunting, the proper sight picture depends upon the vital area of the game being hunted. And for defensive shooting purposes, the pistol s aligned sights are placed on the center of exposed mass of the target. That is, the sights are placed in the middle of the target area that is exposed. Note that the 6 o clock hold used with bullseye targets applies only to iron sights. Shooters using optical (telescopic) sights or red-dot sights put the crosshairs or dot exactly at the spot on the target where a hit is desired. Visual focus with iron pistol sights should be on the front sight. This will often make both the rear sight and the target somewhat blurry, but in almost all situations they will be sufficiently clear for the shooter to establish good sight alignment and proper sight picture. Breath Control Breath control is the method used to minimize gun movement due to breathing. With each breath, your rib cage expands and your shoulders rise slightly. This movement is transmitted to your arms, causing your pistol to shift position in relation to the target. In pistol activities, which involves a deliberate and unhurried pace of shooting, breath control is achieved by simply taking a few normal breaths, expelling about

72 half the air out of the lungs, and then holding the breath for the few seconds required to fire the shot. Typically, maximum steadiness is achieved within about three to eight seconds after breathing has stopped; the shot should be fired within that time period. After the shot is fired, the shooter relaxes, resumes breathing, and starts the process over again. In any situation in which the shooter may need to fire a shot quickly, under mental or physical stress, the heart will be pounding and the lungs will be demanding air. Breath control under these circumstances involves simply stopping breathing and holding it. Breathing should simply cease momentarily while the shot is being fired. This will steady the position and allow for a quick shot or series of shots. Hold Control Maximum accuracy is achieved when the firearm is held motion less during the process of aiming and firing. Hold control is the method by which both the body and the gun are held as still as possible during the period of time when the shot is fired. Hold control is achieved primarily through a proper grip and a well balanced, stable shooting position that is naturally aligned with the target, as well as extensive practice. Physical fitness and good muscle tone also contribute to a steady hold. Some positions allow a more stable hold than others. Some novice shooters make the mistake of firing a string of shots without allowing the arm and shoulder muscles to rest. The first two or three shots may be fired accurately, but, by the fifth or sixth shot muscle fatigue sets in, producing tremors and other movement that prevent good shooting. Until the muscles that hold and support the pistol are strengthened, the shooter should fire only a few shots, and then lower the gun to rest. 68

73 Trigger Control Trigger control is one of the most important shooting fundamentals. The term refers to the technique of pulling the trigger without causing any movement of the aligned sights. Proper trigger control is achieved by applying gradually increasing pressure to the trigger until the shot is fired. This pressure is applied in a rearward direction, not to the side or up or down. The goal of this technique is to produce a surprise break, in which the shooter cannot predict the exact moment at which the gun will fire. A surprise break is desired to prevent the shooter from anticipating the shot. New shooters are not accustomed to the recoil, flash, and blast that occur when a gun is fired and are more prone to reacting more or less instinctively by tightening their muscles, squinting their eyes, and making movements that attempt to counteract the gun s recoil. These involuntary movements are collectively called flinching or anticipating the shot and have a negative effect on accuracy by disturbing sight alignment and sight picture just before the shot is fired. Even in a shooting situation in which a slow, gradual pull may not be possible, such as during a hunt or a defensive encounter, trigger control should still be practiced. In such situations, trigger control involves speeding up the process of squeezing the trigger without jerking or flinching. The smoother the trigger is pulled, the less the gun s sights will be disturbed during the firing process, even when the time period is compressed. Good trigger control also involves the proper placement of the trigger finger on the trigger. A properly placed trigger finger allows the force of the pull to be directed straight to the rear, minimizing a tendency to jerk the gun to the right or left. Proper placement also allows the gun to be fired by moving only the trigger finger. For single-action shooting, the trigger should be pulled using the middle of the last pad of the trigger finger. For double-action shooting, the trigger should be placed approximately on the joint between the last and middle pads of the trigger finger. The ideal trigger finger placement can be achieved through dry-fire practice at a sheet of white paper. Adjust your finger position until there is no movement in sight alignment when the trigger is pulled and the hammer or striker falls. The proper contact point on the trigger finger may change from gun to gun and firing position to firing position. If possible, there should also be a small gap between the trigger finger and the pistol frame to prevent the finger from contacting or dragging on the frame and disturbing sight alignment as the trigger is pulled. Follow Through The concept of follow through is common to many sports such as golf, tennis, baseball, bowling, and archery. In shooting, follow through is the effort made by the shooter to integrate, maintain and continue all shooting fundamentals before, 69

74 during, and immediately after firing the shot. It is true that any alteration in the gun position, stance, sight alignment, and so forth that occurs after the bullet has left the muzzle has no effect whatsoever on accuracy or shot placement. Nonetheless, it is important to consciously maintain the shooting fundamentals for a brief time after the shot has been fired because only by doing so will you be absolutely certain that those fundamentals are applied before and during the firing of the shot. Thus, proper follow through minimizes gun movement as the shot is fired. A shooter who fails to follow through and applies the fundamentals only up to the breaking of the trigger will (in anticipation of the shot) sooner or later abandon one or more of the fundamentals just prior to firing, resulting in errant bullet flight and poor grouping. Proper follow through does more than just ensure adherence to the shooting fundamentals through the firing of the shot. Follow through also sets up any successive shots, whenever a shooter may be called upon to fire multiple times accurately and rapidly. The follow through used in these situations is highly compressed to last only a fraction of a second, but still allows the shooter to maintain a position in alignment with the target and to quickly recover the proper sight picture. During follow through, the trigger finger pressure is relaxed, allowing the trigger to reset. However, the trigger finger still maintains contact with the trigger face. All of the fundamentals of pistol shooting are integrated in the firing of a shot no matter what the target. The shooter aims (maintaining both sight alignment and proper sight picture) while momentarily stopping respiration (breath control) and movement (hold control). Only the trigger finger, properly placed, is moved to fire the shot (trigger control). Before, during and after the shot is fired, the shooter observes all the proper shooting fundamentals (follow through). Fundamentals of Pistol Shooting Positions Although there are many effective shooting positions for different situations, all share a number of common characteristics: consistency, balance, support, natural aiming area, and comfort. An effective shooting position is the platform from which the fundamentals are applied. Consistency is critical because variations in position produce variations in impact point and/or group size. You must strive to assume each position in the same exact way every time. In the training phase, this is 70

75 accomplished by conscious attention to each aspect of the position and each step taken to assume it. With repetition, this process of developing a position by the numbers will become ingrained in your subconscious, eventually enabling you to flow into the position quickly, effortlessly, naturally, and consistently. The muscle memory thus developed through rigorous practice will allow the position to be assumed easily and automatically. Balance is also an essential component of a proper firing position. Balance is usually best achieved in a stance with the feet spaced at shoulders width, even weight distribution, and a slightly forward lean with the majority of the weight on the balls of the feet. A balanced position provides the most stable shooting platform, one that absorbs recoil and facilitates both movement and accurate follow-up shots. A balanced position with the head upright and level also is important for controlling body movement. The brain senses body position by a number of mechanisms, including a structure in the inner ear known as the labyrinth. An upright, level head position will maximize the ability of the labyrinth to promote body equilibrium and efficient body movement. A good position also offers support to minimize gun movement while aiming. Support can be provided by the skeleton, muscle tension, or an external object such as sandbags on a bench. A two-handed grip, for example, efficiently uses muscle tension to provide more support than a one-handed grip. Generally, standing positions offer less support than kneeling and prone positions. The bench rest position provides the most support of any shooting position. Even the more limited support offered by one-handed positions can be maximized by ensuring that the stance is balanced, the grip is firm, and the shooter is properly aligned with the target. Natural Aiming Area (NAA) All effective firing positions incorporate the shooter s natural aiming area. NAA refers to the natural alignment of the shooter and the gun in any position. To determine your NAA, first assume your position with your eyes open and your gun aimed at a target. Next, close your eyes and with your eyes still closed, make a circle with the pistol. Then settle into the position that feels most stable and comfortable. Then take several breaths and open your eyes. Observe where your gun s sights are pointed in relation to the target. Ideally, the sight picture will be aligned with the target. If the sight picture is aligned to the right or left, or slightly high or low, you will have to modify your foot position or some other aspect of your stance to achieve the proper natural alignment. Of course, the sight picture does not stay perfectly still, as it is impossible to hold a pistol without some movement. When proper NAA is achieved, the wobble area of the sights will be centered on the target. Repeat the NAA exercise until your stance is adjusted for the proper natural alignment. You should make every effort to adopt this same alignment each 71

76 time slightly bladed away, and the head held fully upright, while others will turn the upper body away from the target to a greater degree, often requiring a head position that slightly angles or leans toward the shooting hand side. Also, different shooters may assume different degrees of flexing at the elbows. For some shooters, the elbow of the shooting hand arm will point nearly straight down at the ground, while the elbow of the support hand arm will point slightly out to the side. This position places the gun closer to the body, and may be preferable under some circumstances. Other shooters nearly fully extend the shooting hand arm, with the support side elbow only slightly bent. These are just guidelines. Shooters using the Weaver position often report a greater level of hold stability resulting from the push-pull tension between the shooting and support hands. A similar tension can be achieved in the isosceles position, without bending the arms at the elbows and modifying the position. It should also be noted that there are hybrid stances that combine elements of both the Isosceles and Weaver positions. The Low Ready Position In some shooting situations, you may not immediately go into a firing position, but may have to hold your firearm in a ready position for a period of time, in anticipation of use. Alternatively, after firing a number of shots, you may want to lower the gun temporally, to rest the arm muscles, before continuing shooting. In both circumstances, a ready position is used. One ready position is presented in this course: the low ready position. To assume the low ready position, take the proper grip on the pistol and extend the arms outward and downward at approximately a 45 degree angle. The firearm will be oriented toward a point on the ground several feet in front of you. Your knees should be slightly bent and the weight slightly forward, in anticipation of either movement or the acquisition of a full firing position. Your foot and shoulder position should reflect the firing position that you plan to assume (e.g., isosceles, Weaver, etc.). Another way of visualizing the low ready position is to adopt the shooting position and then simply lower the extended arms approximately 45 degrees downward. The simplicity of the low ready position and the unobstructed view it gives of the target are two of its primary advantages. The position also permits easy 72

77 assumption of the shooting position. With the arms already extended, the wrists already locked and the feet and shoulders already aligned, the gun is simply raised to eye level to acquire the sights and fire. The One-Handed Shooting Position The well rounded pistol shooter must be as comfortable with one-handed firing positions as with the more familiar two-handed ones. There are many situations in which one-handed firing may be necessary. Some shooting sports, for example, require a one-handed grip. In some hunting or defensive situations, moreover, a shooter may find it necessary to take a one-handed shot. Because the one-handed pistol shooting position offers less support and stability than any of the two-handed positions, good shooting performance in this position is even more reliant upon proper technique. Perhaps the single most critical factor in one-handed pistol shooting is establishing and using the Natural Aiming Area (NAA). To this end, target shooters, plinkers and others who wish to use any one-handed position should regularly perform the NAA exercise, presented earlier. In the one-handed position, the shooter assumes a stance, with the strong side (firing) foot forward, the weak side foot back, and the body facing at an angle from the target. Depending upon body type and proportions, some shooters will end up with the feet aligned directly with the target and the body at roughly a 90 degree angle to the target while others will position the weak side foot slightly forward for an open stance. The specific foot placement will depend upon the shooter s natural alignment with the target as revealed by the NAA exercise. Regardless of foot position, the weight should be distributed evenly between the feet with the knees neither bent nor locked. The head should be held erect and at an angle that allows the sights to be viewed out of the center of the eye. The strong side arm and shoulder should be relaxed, with the shoulder in a low position. The firing arm should be bent slightly at the elbow, rather than locked. When the one-handed position is used for bullseye pistol competition, the nonfiring arm is placed in a relaxed position on the waist or in a pants pocket. Many bullseye shooters prefer to rest the hand on the belt buckle, as shown here. When the one-handed shooting position is used for bullseye target competition, there is no need for the shooter to lean toward the target (as in the isosceles and Weaver positions), as neither of these activities usually requires rapid shooting and recoil control. However, under circumstances in which a heavy recoiling pistol is used, or during the rapid fire stage, the shooter s upper body may lean slightly forward, with most of the body weight on the forward (strong side) leg. The weak side leg acts as a brace to support an aggressive, forward leaning stance, with most of the weight carried on the ball of the strong side foot. The one-handed position can easily be assumed from the low ready position, simply by stepping toward the target with the strong side foot and raising the gun with the strong hand. With practice, the shooter will come to automatically assume 73

78 the proper foot and body position that is consistent with a proper NAA. The Two-Handed Shooting Positions There are multiple factors involved in shooting a handgun well grip, aiming, breath control, hold control, trigger control and follow through as well as keeping both feet firmly on the ground. A good shooting stance provides a strong, stable platform, which is crucial for accuracy. In today s handgun world, there are two main upright shooting stances the Isosceles and the Weaver from which other stances have evolved. While the Weaver is probably better known, the Isosceles is more commonly taught to beginners. Both the Isosceles and Weaver stances have proponents, and both have certain benefits depending on the shooting situation. The Isosceles stance is a naturally defensive stance that provides excellent coverage in most directions by simply rotating the upper body like the turret on a tank. The Weaver is often used by police, military and self-defense advocates because it allows accuracy while presenting a smaller profile. This stance is also very popular with actors and directors on both the small and silver screens because it appears professional. Countless movies and TV shows have popularized versions of both stances to the point that many shooters don t know how the Weaver differentiates from the Modified Weaver, or even that there is a stance called the Modified Isosceles. The Isosceles Stand facing the target with your feet shoulder width apart. Bend your knees slightly. With the Isosceles stance, your arms and chest form the triangle. 74

79 Extend the handgun fully toward the target keeping your arms straight and locked. With your shoulders squared, your arms form the perfect isosceles triangle from which the stance receives its name. The Isosceles is the first two-handed stance taught in most firearms training classes. It s taught because the Isosceles is a strong, simple stance that is easy to remember under stress. The Weaver Stand with your feet shoulder width apart with your strong-side leg slightly back in what is often called a boxer s stance. Angle your support arm s shoulder toward the target. Bend your knees while keeping your body weight slightly forward. Grasp the gun using opposite pressure with both hands. Keep both elbows bent with the support elbow pointing downward. The Weaver stance was developed by Jack Weaver while he competed in Leatherslap tournaments in Big Bear, Calif., during the late 50s. Simply put, Weaver was the first to use a two-handed grip with opposite tension from both hands. Weaver s push/pull grip stance provided speed, stability and accuracy, and he started dominating the popular shooting events. Col. Jeff Cooper quickly realized the benefits of this stance and adapted it for self-defense shooting. Modifications The Modified Weaver is the Weaver stance with the shooting arm fully extended to take advantage of the body s skeletal system for accuracy. With the shooting arm locked forward, sight movement is minimized because the weight of the gun is held by both bone and muscle. Everything else stays the same including the reverse isometric pressure of the hands on the gun. In the Modified Isosceles, the shooter simply leans forward on the balls of his or her feet for better balance and to help absorb recoil. This makes the stance more instinctive and easier to remember. For example, imagine your response if someone suddenly charged toward you. More than likely you would lower your center of gravity by bending your knees and lean toward your aggressor. This stance is based on the natural response to being attacked. Choosing a Stance 75