Trimming bottleneck cartridges is a necessary chore, and here’s how to make it easier, and better…
At some point, now or later, bottleneck cartridges need to be trimmed. The reason is because brass flows in firing. After one or more firings and reloadings, a case will measure longer than it was when new. That extra length can only come off of the case mouth, and that’s why we trim cases. The case neck itself isn’t the main culprit in the growth, it’s just where we can address it. The most flow comes from lower down on the case.
The reason I said “now or later” is because the amount of lengthening varies from firearm to firearm and, generally, there’s usually a sooner need for trimming on a semi-auto than there will be on a bolt-action. There are two reasons for this: one is that the semi-auto will tend to expand a case more (and we’ve talked though a few reasons for that in previous articles). Another is that we’re having to full-length resize cases and set the case shoulders back a little more to ensure function. That works the brass more, no doubt. The brass is stretched more, it’s expanded and contracted more.
Important: The primary reason to trim cases is so they don’t get long enough to create a safety problem.That problem is when the case neck extends to a point where it contacts beyond its given space in the rifle chamber. That can pinch in against the bullet; excessive pressure results. The leeway will vary from chamber to chamber, and there’s no defined standard; there are plug-type gages available to measure a chamber if you want to know what you have.
From a “performance” perspective, trimming cases should mean that all the case neck cylinders are the same height. If they’re not, then varying effective levels of bullet retention result (even if the sizing is all the same, more encasement can mean slower release).
Another is that a good trimmer will square case mouths. This is an asset to better starting alignment seating bullets and is especially and measurably noticeable using flat-base bullets.
Here’s what I do: When I get a new lot of brass, I set my trimmer so it just touches the case mouth. It takes a few tries to get this right, but the idea is that I want to see at least a skiff of a cut on each case, evidence that the trimmer contacted the case mouth. These cuts won’t all be even because not all the new case mouths will be square. Measure them all and you’ll likely see length discrepancies right off the bat. I want to eliminate those. Then I leave my trimmer set right there for future use. If we’re using the same trimmer for difference cartridges, keep a dummy case near to it and use that to reset the trimmer when there’s a tooling change. It might get expensive buying a trimmer for each cartridge you load for, but it’s sheer bliss never to have to retool a trimmer!
Now, there’s zero harm in using a longer “trim-to” length, and that’s way more popular than my method. These lengths are stated in reloading data manuals. Keeping up with it over years, I’ve seen no difference in the rate of lengthening trimming longer or shorter; I trim “shorter” solely as a matter of consistency over the (short) life of my semi-auto cases. Also, I trim all my cases, when I trim them. I don’t measure each case. I just trim them all. That’s overall faster and more certain.
Here’s a few things to always keep in mind about case trimming. One, and the most important in my process at least, is that the only time to trim a case accurately is after that case has been resized! That’s when there’s an accurate indication of case length. Measure a fired and un-sized case against one that’s fired and then sized, and the un-sized case very likely show a shorter length. That’s only because there’s been expansion in the case neck and body. As the expanded areas are brought back into spec by a sizing die it’s along the same lines as rolling a ball of modeling clay out on a table: it gets longer as it gets smaller in diameter.
Also, only after sizing can we know that the case neck, case shoulder area is consistent in dimension. Measure enough of them and you’ll find some cases exhibit variance. We’re talking very small numbers here, but we’re always dealing with very small numbers, so let’s get them all the same. And that’s one of the virtues of trimming cases.
Why not? One of the most disrespected of all handgun cartridges, Dr. Fadala says there’s plenty of good reason the 9mm Parabellum is the most popular centerfire handgun cartridge in the world. Keep reading…
by Sam Fadala
Many cartridges from long ago rage on. My Professional Hunter (PH) rifle in Africa for eight seasons running was .45-70 Government (1865, standardized 1873) handloaded with a 500-grain bullet to 1,800 feet per second. It was replaced two years ago with a .416 Remington Magnum for longer-range shooting, not because of 45-70 inferiority. The 1902 9mm Parabellum (para-bellum, “for-war”), thrives in the 21st century for hardcore reasons: for military, police, self-defense, it is powerful yet manageable even in lightweight handguns, plus pure shooting enjoyment, which alone is a “good enough” reason to own a nine.
After consulting with my handgun instructor, a retired SWAT commander, I latched onto a pair of Springfield Armory Range Officer (RO) pistols, 41 ounces of reliable accuracy. My usual practice session burns five magazines, five rounds short of a 50-pack. And though I handload for many cartridges, the nine is not one. Considering today’s cost of fuel, grub, house, car, mandatory insurances, and just plain living, a box of factory 9mm is a “bargain.”
Factories worldwide produce a dizzying array of loads in two major bullet types, FMJ (full metal jacket) and “upset,” most often hollow-point. Bullet weights as this is penned, and as far as I know, run as light as 50-grains (that is not a typo) to 147gr. Most of my shooting is with 115gr FMJs, such as Russian Tul-Ammo with non-reloadable brass, okay by me since, as said, I don’t reload the nine.
The Russians say trust, but verify. I trusted information on 9mm performance, but also ran my own demonstrations in “Sam’s Bullet Box.” This device is as scientific as tossing monkey bones to tell your future, yet it works “tolerably well,” and the box is far cheaper than ballistic gelatin. While gelatin is the standard, I have proved to others as well as myself that the box reveals vital information. Projectiles that penetrate deeply in the box do likewise in other mediums. Those that blow “big holes” in the clay behave the same in “the real world.”
The wooden box is simply long and narrow with open top and closed ends. It’s the “stuffing” that counts. For my 9mm demo, constants were two: water balloon and clay block, neither representing tissue of any kind. Water tortures bullets. Shoot into a swimming pool, even with high-power rifle, and watch bullets die quickly. Clay provides the performance channel, also known as “wound channel.” Test mediums were arranged in this order: entry into end of box (0ne inch thick), water balloon, quarter-inch plywood separating balloon from 50 pounds of damp modeling clay. Beyond the clay: compacted wrapping paper one foot thick, and finally the inch-thick box end. Backup was our winter woodpile.
When oak, juniper, and aspen were removed for the wood-burning stove, several 9mm bullets were collected. Some of these were FMJs (expected). But many were also self-defense-type with open-cavity noses. That’s a lot of penetration! Massive cavities in the 50-pound block of modeling clay displayed extreme disruption with self-defense ammo. Surprise: FMJs also did terrific “injury” to the clay.
After the bullet box, all test loads were directed into gallon-size water-filled milk containers. Devastation is the word. The little 50-grain copper monolithic, starting at around twice the speed of sound, blew the bottles into pieces of ragged plastic. The FMJs also splattered the water bottles. Any thoughts of lacking energy flew away as I picked up the debris. My wife, who is the woodworker of the family, had leftover plywood panels that I stacked close, again for demonstration only. The half-inch plywood boards verified the effective penetration of the 9mm round.
The “little nine” did “big work” with little more offense than shooting a .22 pistol. In a lighter handgun, this statement might not bear up; but my “full-size” 1911 ROs were easy-on-the hand. I carry a nine daily in open carry. Scouting and exploring hikes, an RO rides on my hip in a Triple K Number 440 Lightning Strong Side/Crossdraw holster. Concealed carry, you bet. Not a compact, but my ROs fits neatly into a U.S. Army Tank shoulder holster under a coat. Home protection, obvious. Self-preservation of life and limb, as well as coming to the aid of an accosted innocent, no concerns. My big fist fit into the channels in the clay.
When I went for handgun antelope not long ago, I packed my S&W Scandium .44 Magnum, same I carry along for hikes to fishing lakes in grizzly country, and twenty-two pistols remain my choice for small game and mountain birds. But it’s easy to see why the 9mm Luger is the most popular pistol cartridge in the world.
Dr. Sam Fadala has been a full-time author for 30 years and authored 30 books. Sam is a lifelong big game hunter, using bows and long guns, and is Professional-Hunter-licensed in Africa.
Learn how to “shoot on the move” to improve your offhand shooting results. Here’s how!
by Glen Zediker
Firing a rifle off your hind legs can be a devilish venture. It’s tough to hold the sight still, or at least hold the sight still for long enough to get together all the other elements of a good shot: sight on target center, correct breathing status, deliberate trigger break. Not when the sight is bobbing and shaking around, darting on and off the target, and mostly off. A more firm hold, increasing muscle tension, can help some, or sometimes, but that’s not the answer. Not when there’s fatigue involved, and especially not when it’s breezy. Finishing off a center shot when the wind is blowing is a challenge.
All good shooters work on their hold. “Hold” is the static portion of a shot where the sights are on the target. Working on the hold always seeks a goal to reduce the movement of the rifle at rest. But there’s always movement… So, if you can’t beat it, use it. This next idea is not universally adhered to by all top-level shooters, but it dang sho works for some of our best. He didn’t necessarily invent it, but David Tubb, 11-time NRA High Power Rifle Champion and winner of over 40 NRA Metallic Silhouette Rifle titles, uses an “approach” method to fire all his standing position shots.
It’s pretty simple, but, as with many things, details increase the scope of a technique. So, what it is, is, deliberate movement of the sight onto the target, firing the shot when the sight touches on target center. “Shooting on the move.” Don’t wait until the sight sits still on the target. Move it in, take the shot. But it’s not a rapid swing across, yanking the trigger as the sight streaks across the target. It’s a small, deliberate, controlled movement, and “controlled” is the key word.
Keys to warming up to and exploiting shooting from an approach are, first, that the natural point of aim has to be dead-solid-perfect. Since the sight is deliberately being started away from center, looking to a point that’s not on your natural point of aim, driving it then into center is arriving at the natural stopping and resting point for the sight. That’s very important. Another key is maintaining a strong focus on the sight. You already know where the target is, so eliminate that element of your attention. The closer you can learn to watch the sight, the sooner you’ll master this technique.
To use an approach to best advantage, the approach distance and direction needs to be the same each and every time. We’re following a deliberate pattern to get the sight to the target. Take the shot as the sight is going into the target, not after it’s gotten there and the next move is for it to twitch out and away from the target. It is, no doubt, a matter of timing! The sight has stopped as I break the shot, and it’s for a very brief time. But it has stopped. Just follow the bouncing ball… Fire when it lands. That’s the way I think of it.
Using an approach strategy reduces the time needed to complete a good shot, and it also condenses that time into a schedule, in a way of looking at it. It becomes a routine. This goes a long way toward battling fatigue, and reduces the number of “restarts” following over-held attempts. This is important in competition where we’re firing 20 shots in 20 minutes. That’s a strain, or it is when we’re trying to put them all in the 10-ring.
So how far off the target to start the sight? That varies a whopping lot, and the answer, as anticipated, comes from experiments with an eye on making this determination. I start pretty close, others start a good way off the target. I don’t think it matters as long as, as also anticipated, it’s something experimentation has shown works best for you.
I’m kind of “wound up” in my offhand position. I use a lot of hip twist to get my elbow down on my hipbone for support. I’m twisting toward my left, so I start the rifle off to the right. That way I’m winding in rather than spinning out. Others, like Tubb, tend to approach from the left because they prefer a more natural “uncoiling” direction.
A calm trigger break is crucial. That’s not slow or gentle, but one that evokes no anxious moment or sporadic reflex. The finger just presses back.
This is where the previously discussed advantages of a good two-stage trigger, and one with additional overtravel, show their values. Both provide a “ready-to-go switch” waiting on a shot green light. The extra overtravel means you don’t have to be delicate pressing the trigger back; the rifle won’t be disturbed like it might if the trigger stopped abruptly.
With experience, and a few experiences where you see that this, indeed, “works,” it’s possible to narrow down the approach to a short amount of time.
The preceding is excerpted from some materials I have worked with David Tubb to develop and publish. For more insight, articles, and tips, visit DavidTubb.com, and also ZedikerPublishing.com
A California Appellate Court has reversed the Fresno Superior Court’s dismissal of the NSSF and SAAMI lawsuit seeking an injunction to block enforcement of the state’s ammunition microstamping law and remanded the case back to the lower court to hear arguments. Keep reading…
Source: NSSF Government Relations Update
Gun manufacturers have the right to present evidence supporting their claim that technology does not exist to comply with a California law requiring new models of semi-automatic handguns to stamp identifying information on bullet casings, a state appeals court said Thursday [Dec. 1].
The ruling by the 5th District Court of Appeals in Fresno overturned a lower court ruling rejecting a lawsuit by two firearms trade associations [NSSF and SAAMI] that challenged the law. The appeals court sent the case back to the lower court for further consideration. “It would be illogical to uphold a requirement that is currently impossible to accomplish,” Justice Herbert Levy wrote for the appeals court.
Larry Keane, NSSF Senior Vice President and General Counsel: “We are pleased by today’s ruling because it means we will now be able to prove in court that this ill-considered law must be enjoined, because it is literally impossible to comply with its requirements, and the law never requires the impossible. We have long maintained that this nascent, unproven, and unreliable technology should not have been mandated.”
Supporters of the law signed by Gov. Arnold Schwarzenegger in 2007 touted it as a help to law enforcement in soliving gun crimes by allowing them to link bullet casings to specific guns. Hannah Shearer, a staff attorney at the San Francisco-based Law Center to Prevent Gun Violence, said that the argument that gun manufacturers can’t comply with the law is bogus and will be rejected by the trial court. “California’s microstamping law gives law enforcement a strong tool to investigate and solve gun crimes and also combat gun trafficking,” she said.
The law requires new handgun models to have a microscopic array of characters in two spots that identify the gun’s make, model, and serial number and that are transferred by imprinting on each cartridge case when the gun is fired.
State officials said gun manufacturers could comply with the law by putting two stamps on the firing pin. But the appeals court said the Legislature required dual microstamping to prevent criminals from defeating the process by defacing or removing the firing pin. Allowing two stamps on the firing pin would not serve that purpose, Justice Levy wrote.
Gun rights groups say it is not possible to microstamp two areas of a gun. Only the tip of the firing pin can be microstamped, and current technology doesn’t allow the stamp to reliably, consistently, and legibly imprint on the cartridge primer from that part of the gun, they claim.
The law was supposed to take effect in 2010 but was delayed because of patents on the technology, including at least one that had been bought up by a gun rights group to delay the law’s implementation.
The law doesn’t impact guns already on the state’s official firearm roster. Only new or modified semi-automatic handguns sold in California must be equipped with the technology. NSSF Senior Vice President Larry Keane said no new models of pistols have been introduced in California since the law took effect, and hundreds of pistols have been taken off the state’s firearm roster because even slight changes render the gun a new model. “When we ultimately prevail in this case, law-abiding consumers in California will once again be able to purchase new models of pistols this law currently prevents our industry members from selling in the state,” Keane said.
A separate lawsuit challenging the law on constitutional grounds is pending before a federal appeals court in San Francisco.
For decades, MEC Reloading has been THE go-to reloading press for shotshell reloaders around the world. Recently, we heard tale of MEC building their first offerings in a series of metallic reloading tools. Enter the MEC Marksman, a heavy duty, single stage press attempts to set itself apart from the heard with their sights set on quality, and precision.
Check out the press (pun) release below!
Official Press Release: 11/1/2016
MEC Shooting Sports is pleased to introduce its latest new product offering, the all new MEC Marksman™ to the metallic reloading enthusiast. As an industry-leading manufacturer of shotshell reloading equipment and clay target machines, MEC brings its knowledge and expertise to the metallic reloading marketplace. The MEC Marksman™ single stage metallic reloader and accessory products are made in the USA in Mayville, WI.
The MEC Marksman™ is made from ductile cast iron for superior quality and durability. Our patent-pending self-centering shell holder provides metallic reloading users greater accuracy and consistency to every load compared to competing models. The MEC Marksman™ is compatible with all 7/8-14 thread dies to change calibers quickly. Reload .22 Hornet to .416 Rigby all with one convenient machine.
In addition to the MEC Marksman™, the Metallic line will include reloading accessories and essentials. Powder measure, powder trickler, scale and calipers are available to complete the MEC Marksman™ reloading experience. An additional base is available for easy installation and is compatible with the MEC Jig Fixture mounting system. Case prep tools and components are also available.
With over 60 years of shooting sports experience, the addition of the MEC Marksman™ continues the reloading heritage from the brand you trust.
So, what does this mean to us here at Midsouth Shooters? Quite a bit, actually. We’re excited to welcome another offering to our customers, who will undoubtedly put this press to the test. There are truly no better product testers in the world, than our reloading community. We look forward to hearing from you, but for now, we have to settle for the early reports from bloggers, as well as a few early adopters, who’re giving the Marksman rave reviews.
The MEC Marksman, as well as other essential reloading accessories from MEC are available Here, and Here! If you’re looking to get into shotshell reloading, we know MEC presses are some of the best on the market, and we gladly offer them Here.
Fun Fact: MEC stands for Mayville Engineering Company
How many of you have tried MEC reloading presses before? What’s your take on the new metallic reloading offerings from MEC? Will you be pulling the handle of the Marksman?
Our good friend, 22plinkster, with Henry Repeating Arms, and Henry T.V., along with 999 other shooters, just participated in a world record breaking event in Phoenix, AZ.
Check out the video below of the record breaking shoot, featuring interviews with Tim, from the Military Arms Channel, and Matt, from Demolition Ranch as they participate in the largest simultaneous lever-action-shoot in history. A true testament to the Second Amendment, and an important event at the firing line.
Gun enthusiasts and hobbyists have long been building their own firearms by purchasing lower receivers or kits and other parts needed to assemble a firearm.
The lower receiver is a small block of metal about the size of a deck of cards where the trigger mechanism is housed and where bullets pass through. A gun cannot function without it. A finished lower receiver is the piece of the firearm regulated by federal law and must contain a serial number stamped into it.
Technology today and the hundreds or even thousands of websites selling lower receivers, kits, and parts over the internet makes it even easier. There are no background checks required to purchase these lower receivers or kits.
There are no federal restrictions on an individual making a firearm for personal use, so long as it does not violate the National Firearms Act (NFA), according to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The ATF has long held that items such as receiver blanks, “castings” or “machined bodies” in which the fire-control cavity area is completely solid and un-machined have not reached the “stage of manufacture” which would result in the classification of a firearm per the Gun Control Act of 1934 (GCA). That stage is “80 percent complete.” ATF regulations hold that receiver blanks that do not meet the definition of a “firearm” are not subject to regulation under the GCA.
Furthermore, under federal law, no serial numbers are needed on firearms that are built for personal use, making them untraceable by law enforcement.
By leaving the lower receiver unfinished— meaning only partially drilled — it fails to meet the ATF’s requirement of being more than 80 percent complete and is therefore not considered a “firearm” subject to regulations. Buyers can finish the receivers at home by finishing the drilling.
The ATF refers to such guns as unfinished receivers, though they’re also called 80 percent receivers, home built firearms, or “ghost guns.”
And it’s all perfectly legal.
These self-assembled and untraceable “ghost guns” are becoming increasingly more popular amongst gun enthusiasts across the country and is becoming big business for parts manufacturers and for dealers selling kits.
Elite Custom Railing in Holly Hill, Florida, for example, specializes in unfinished lower receivers for a do-it-yourself AR-15. A company spokesperson said they sell between 100 and 150 lower receivers each day.
It is just one of six companies in Volusia County alone engaged in manufacturing and/or selling kits or unfinished receivers that allow buyers to assemble military-style, semi-automatic rifles at home.
Another Volusia County company, Stone Mountain Gold ‘n Guns in DeLand, will sell the “80% receivers” to a customer only in person and not over the internet as others in the county do. A manager said he will complete the sale only if he feels comfortable with the person buying the receiver. Stone Mountain sells about 20 a month, according to the manager.
The ATF and some law enforcement agencies have expressed a concern about these homemade firearms, believing that the availability of the untraceable receivers will encourage criminals and terrorists to start building their own weapons.
Port Orange Police Chief Thomas Grimaldi said in an interview in the Daytona Beach News-Journal,“We’re making it easy for the criminals. I have a concern — a huge concern over that.”
Mary Salter, ATF Tampa Field Division public information officer, believes some criminals are purchasing non-serialized and therefore untraceable firearms because their intent is to commit crimes.
“ATF, and law enforcement, in general is seeing homemade firearms without serial numbers at crime scenes,” Salter said. “Tracing firearms found at crime scenes to the original purchaser is a valuable tool in law enforcement,” Salter added. “When a homemade firearm is found at a crime scene, investigators are left with a dead end, where a trace of a firearm may generate valuable investigative leads.”
“With advancements in technology in regards to 3D printers,” Salter said, “CNC milling machines, and the availability of receiver blanks, it has become much easier for a person to build a firearm. “When a “homemade firearm is found at a crime scene, it means investigators are virtually left with a dead end,” said Salter.
And in California, Graham Barlowe, resident agent in charge at the ATF’s Sacramento Field Office, said he started seeing crimes involving untraceable guns about two years ago. In November of this year, Barlowe’s undercover agents arrested eight men for manufacturing and selling illegal firearms, seizing about 90 un-serialized firearms out of the more than 230 illegal firearms found. His agents have also found electronic mills that carve a complete receiver in 12 minutes.
“It is one of the biggest problems in Northern California for our office, if not the biggest problem,” Barlowe says. He estimates that his office has seized about 500 un-serialized receivers since 2013.
The Santa Monica shooter, John Zawahri, used a rifle made from parts he purchased online to kill himself and five others on June 7, 2013.
And in neighboring Arizona, between 2009 to 2011, ATF reported that it seized 191 of the 80 percent receivers in Tucson that were headed to Mexico to be assembled, possibly by cartels.
In Florida, law enforcement officials claim the unregistered guns can make it easy for criminals to arm themselves with untraceable weapons.
However, others disagree with that assessment, claiming the skill and equipment necessary to build the firearms is anything but easy and, therefore, makes this approach more costly and time-consuming than simply acquiring an already completed firearm. A milling machine (or at least a milling guide kit), for example, can cost around $1,500, and it could take weeks to complete an AR-15 kit.
And to complete an unfinished lower receiver, a person must carefully mill or drill out a portion of the inside of the receiver, which can take many painstaking hours. Without a properly milled lower received, a functioning firearm would be impossible to produce.
Many believe manufacturing a homemade weapon is generally too costly, too troublesome, and too expensive for criminals.
Furthermore, FBI statistics indicate semi-automatic weapons are used in less than one percent of crimes in the U.S. Most criminals use handguns, and most guns used in crimes are stolen. Criminals looking to buy a weapon can get them from private sales without a background check and do not have to go through the trouble and expense of building their own rifle.
Rob Dunaway, President of American Spirit Arms in Scottsdale, Arizona, says most of the customers who buy the incomplete receivers are people who like to personalize their semi-automatic rifle and or more worried about changes to the gun laws.
“Some people buy them to store them for potential future use,” Dunaway said.
Previous attempts to regulate “ghost guns” in California failed, when a bill that would have allowed the manufacture or assembly of homemade weapons but required the makers to first apply to the state Department of Justice for a serial number that would be given only after the applicants underwent a background check, was vetoed by Governor Jerry Brown in 2014.
However, earlier this year, Gov. Brown did sign a bill requiring people who build guns from these 80% receivers to register them and get a serial number. That law takes full effect in 2019. — by Michael Wisdom, Senior Contributing Editor, Texas & U.S. Law Shield Blog
Do you believe “ghost guns” or the 80 percent receivers pose a serious problem? Should you have to undergo a background check to even buy an 80 percent receiver or kit before you are allowed to build your own firearm for your own personal use? Should you have to register a firearm you build yourself and obtain a serial number? Let us know what you think.
Originally written by Michael Wisdom, Senior Contributing Editor, Texas & U.S. Law Shield for the U.S. Law Shield Blog.
We’ve all seen the news reports of the mob scenes and riots across the country following recent police shootings and now the election. We feel that it is important that you understand your rights should you find yourself unintentionally caught up in such a situation where an angry mob blocks the roadway.
As a real-life example, we received a call to the emergency hotline from a member who was traveling and found himself and his family confronted by angry rioters in a major city out west. With the threatening mob descending upon his vehicle, the member turned around to make a hasty exit. However, as he was trying to get his family out of harm’s way, one screaming rioter charged toward the member’s car and was struck, landing on the hood before rolling off. Fortunately, the member and his family safely escaped the melee.
To figure out if the member’s act of running into a rioter was legal, we turned to Texas & U.S. Law Shield Independent Program Attorney Michele Byington with the question: Are you justified in hitting or “running over” someone in this scenario?
“The answer? It depends!” Byington said. “Don’t you hate that answer?”
Let’s look at whether an act of running down a rioter would be lawful as a justified act of self-defense.
To begin the analysis, she said we treat this situation just as we would any other use of deadly force in self-defense. Let’s start with some general concepts, and then analyze how the specifics of the law will apply in these scenarios. The concepts to focus on are imminence, reasonableness, and not being the aggressor.
Imminence. Prosecutors love to attack the imminence prong. Does a group of people blocking a roadway pose an imminent threat of death or serious bodily injury to you inside of the vehicle? Blocking a roadway, normally, cannot cause death or serious bodily injury to those inside the vehicle, much less pose an imminent or immediate threat. As a result, using a vehicle to “run them down,” or even to physically push them aside, is unlikely to be justified. However, if there is additional threatening conduct such as the protestors attempting to enter the vehicle, or say, charging toward you with a baseball bat, that is a completely different scenario. If you are placed in reasonable fear of imminent deadly force, you would be legally entitled to use deadly force in self-defense, including the use of your vehicle to neutralize the unlawful deadly force threat.
Reasonableness. What would be required to generate a reasonable fear of imminent death or serious bodily injury? The key here is that it doesn’t matter what your personal beliefs are if a jury would not believe that your fear was reasonable under the circumstances. There are extremes where your conduct will almost always be viewed as reasonable, such as attempts to set your car on fire or flip it over. On the other hand, under many circumstances, it will be extremely difficult to convince a jury that you acted reasonably if you use deadly force against protestors. One example would be injuring or attempting to injure a group of peaceful protestors who are merely blocking a roadway. If the protestors attempt, or reasonably appear to attempt, to forcibly enter blockaded vehicles, you will gain a presumption of reasonableness under the laws of many, but not all, states. You will also have a much better argument that you had reasonable grounds to fear an imminent attack with deadly force. Such conduct could include the smashing of windows or attempts to open doors. Also, you do not necessarily need to wait until the protestors have turned violent against your vehicle if you see it happening to someone else. Remember, you must have a reasonable belief from what you are seeing and hearing around you and not merely speculating about what might occur.”
Byington also noted, “Keep in mind, here in Texas, you may also use deadly force to protect a third party as long as you would be justified in using deadly force to protect yourself in that same situation.
If you intend to use your vehicle against a rioter, it will almost always constitute the use of deadly force – that is, force capable of causing death or serious bodily injury. Deadly force can be used in self-defense to the extent the force with which you are threatened also constitutes deadly force. In other words, deadly force can be met with deadly force, she said. If you are faced with anything less than deadly force, you will face an uphill battle in arguing that your actions were reasonable. To make matters worse, if you respond to a threat that is non-deadly in nature with unlawful deadly force, it would allow the other person to lawfully respond in kind with deadly force against you.
Not the Aggressor. Is the person seeking justification for the use of deadly force in self-defense a victim, or is he the aggressor? State laws may vary, but generally, the defense of justification is not available to the individual who starts the fight and does not stop to convey to the other person their intention to stop the aggression.
So, how might this apply in a protest or riot situation? Byington noted, “Say you are stuck for an hour in the middle of a protest and decide to ‘nudge’ one of these folks with your vehicle so that you can get out of the traffic snarl. If the otherwise peaceful protestor then becomes violent, and you use deadly force to protect yourself, a prosecutor, judge, or jury could easily argue that you were the initial aggressor. You may lose a number of legal protections, and on top of that, appear like the aggressor during the investigation or trial.
Suppose you yell out “Sorry! Didn’t mean to bump you, it won’t happen again!” If the other person continues the assault after having been informed of your intention to stop, at that point you may regain the right of self-defense, although the protestor will almost certainly argue that he/she could not hear you due to the noise of the protest.
A Few Practical Tips:
So, what should you do if you come across such a mob?
STOP. Don’t go any farther. Do whatever is necessary to change direction and get out of the area. If you are alert, hopefully you will see these masses of people far enough in advance so that you can completely avoid the situation, long before being surrounded.
Remember, you can’t legally run people over just because they are in the road. You may think the safest action to take in a situation like this is to keep moving, which may result in hitting people with your car to get them out of the way. That isn’t legal! It could easily be considered an aggravated assault, or worse! Even if people are illegally blocking the road, you will go to jail. It is that simple. Avoidance is key.
However, once the rioters attack you or attempt to enter the vehicle, the game changes, and your legal justification kicks in. With your vehicle surrounded so that you can’t escape and attackers trying to burn your car, flip it over, or attempt to drag you out of it, it is reasonable to assume that you will suffer imminent serious bodily injury or death. It is at this point you may use deadly force. In this moment of adrenaline and pure fear, you must keep your common sense. Do not get out and try to shoot your way out of the mob! You will quickly be overtaken and perhaps have your gun stripped from you. Instead, use your vehicle to get out of that situation by driving away from the surrounding rioters.
An additional point to remember is, should your vehicle come under attack, roll your windows down about half an inch. Experts say it is harder to break a window that is partly down than one that is fully closed. Turn off your ventilation system so you do not draw in any outside air in the event there is tear gas or smoke present. Further, if surrounded and moving slowly, you may want to take off your seat belt to allow a quick exit from the vehicle should it be overturned or set on fire.
“Once again, it is evident that your best course of action is to avoid these, often, pre-planned demonstrations altogether and drive away quickly should you come upon one,” she said.
The law is different in every state. For example, Texas has the “Castle Doctrine,” which gives a person the presumption of reasonableness if he or she uses deadly force against a person attempting to enter or entering their vehicle. Byington said, “It is a HUGE legal tool. Unfortunately, other states may not expand their Castle Doctrine to the vehicle [New Jersey]. With that in mind, I hope everyone can stay safe – and also stay legal! – if you find yourself in any protest or riot situation.”
To help Members in other states, we contacted U.S. Law Shield Independent Program Attorneys to get additional insights. Their comments appear below.
Independent Program Attorney Doug Richards offered this explanation on Colorado’s the law on self-defense. In the book Colorado Gun Law: Armed And Educated, co-authored by Richards, Stanley Marks, and Christopher Ferrero, Richards points out that “a person is justified in using physical force upon another person in order to defend himself from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
“Importantly,” Richards adds, “a person is not justified in using any degree of physical force if he provokes the other person into the use of unlawful force with the intent of using that as a justification to cause the other person bodily injury or death.
Richards also points out that “[D]eadly physical force may be used only if a person reasonably believes that a lesser degree of force is inadequate, and he has reasonable grounds to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury.”
For more specific information on this and other Colorado gun laws, click the Colorado Gun Law: Armed And Educated book link at the bottom of this post to order your copy.
For the law on self-defense in Virginia, we turned to U.S. Law Shield of Virginia Independent Program Attorneys Mitchell Wells and W. Edward Riley of Riley & Wells. In the upcoming book, Virginia Gun Law: Armed And Educated, co-authored by Riley and Wells, they point out that a person caught in a demonstration that’s turning violent must reasonably fear that they are in imminent danger of suffering serious bodily injury or death to be justified in the use of deadly force. For more specific information on this and other Virginia gun laws, look for the upcoming announcement as to when Virginia Gun Law: Armed And Educated will be published and available.
Independent Program Attorney Robert Robles added “[T]hat the laws in Oklahoma regarding the use of deadly force in a self-defense situation are pretty well in line with the laws in the neighboring state to the south [Texas] and can be found in the Oklahoma Self-Defense Act, Title 21, Oklahoma Statutes, Section 1290.1, et seq.”
“In Oklahoma, the law gives the presumption that a person held a reasonable fear of imminent peril of death or great bodily harm and therefore deadly force was necessary, if it is used against an individual who was unlawfully or forcibly in the process of entering or entered into an occupied vehicle; or is attempting to forcibly remove another against his or her will from an occupied vehicle. Deadly force is also presumed to be justified to prevent the commission or attempted commission of forcible felonies including murder, burglary, carjacking, and home invasion robberies,” he said.
“Furthermore,” Robles added, “if people are present in any place where they have a right to be, they have no duty to retreat and have the right to meet force with force, including deadly force, if they reasonably believe that it is necessary to prevent death or great bodily harm to themselves or another, or to prevent the commission of a forcible felony.”
For more specific information on this and other Oklahoma gun laws, click the Oklahoma Gun Law: Armed And Educated book link at the bottom of this post to order your copy.
Independent Program Attorney Deborah Alessi summarized Missouri’s law as, “A person cannot use deadly force upon another person unless he or she reasonably believes that such deadly force is necessary to protect himself, or another against death, serious physical injury, or any forcible felony, and is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a vehicle lawfully occupied by such person.”
Alessi added that “a person does not have the duty to retreat from their occupied vehicle before using deadly force under the circumstances described, and these laws can be found in RSMo Chapter 563 Defense of Justification, Section 563.0031.1.”
Independent Program Attorney Matt Kilgo expands upon the Texas law to explain how the law of self-defense would apply in Georgia under these circumstances.
Innocence. Is the person seeking justification for the use of deadly force in self-defense an innocent victim, or is he or she the instigator of the confrontation? In Georgia an individual may not claim as justified a use of force against another when he or she initially provokes the initial force as an excuse to commit an act of force; at any time when committing (or attempting to commit) or fleeing the commission of a felony; or anytime he or she was the initial aggressor in a situation or was engaged in mutual “combat by agreement”, unless or until withdrawing from combat and making that decision known to the other individual. See O.C.G.A. §16-13-21(b). If the other party continues an assault after having been informed of your intention to stop, then you may “reacquire” the right of self-defense.
Imminence. Does a group of people blocking the roadway pose an imminent threat of death or serious bodily harm to you inside your vehicle? Simply blocking a roadway cannot normally cause death or serious bodily harm to those inside a vehicle. As a result, using one’s vehicle to “run them down,” or even to physically push them aside, is unlikely to be legally justified unless there is some additional threatening conduct. But suppose the mob begins more direct threats or the use of actual force against you? If you are now placed in reasonable fear of an imminent deadly force attack, then you could be legally entitled to use deadly force in self-defense, including the use of your vehicle to neutralize the unlawful deadly force threat. Remember, the use of force is justified in Georgia when a party “reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force. . . .” Imminence is vitally important, especially when using a weapon as deadly as a car: the threat must be real and immediate.
Proportionality. Keep in mind, however— should you intend to use your vehicle against anyone— this will almost certainly constitute deadly force, that force “which is intended or likely to cause death or great bodily harm.” Deadly force may only be used to protect yourself or another person when “necessary to prevent death or great bodily injury. . . or to prevent the commission of a forcible felony.” O.C.G.A. §16-3-21(a). Should you respond to a threat that is non-deadly in nature with deadly force (or one that does not constitute a forcible felony, such as murder, rape, armed robbery, or aggravated assault; any felony that contains an element of force), it would allow the other person to respond in kind with deadly force against you. Additionally, you may be the one charged.
Reasonableness. What action would be required of a mob or any of its members to generate a fear of death or great bodily injury that justifies the use of a weapon like a car in the eyes of police, prosecutors, judges, and juries? If the protestors attempt (or reasonably appear to attempt) to forcibly enter your vehicle or the vehicle of others, this could certainly constitute reasonable grounds to fear an imminent deadly force attack. Such conduct would include the smashing of windows or attempts to force open doors. The same applies to attempts to set vehicles on fire, or to flip vehicles over. Generally, a defender need not necessarily wait until the protestors have turned violent against his particular vehicle: If members of a mob have begun threatening or using deadly force against other blockaded vehicles, it could be considered reasonable to believe your own vehicle is likely to be next — you are, after all, legally entitled to defend yourself not just against the danger already occurring to you but also against the danger that is about to occur, that is imminent. But you must draw a reasonable belief from actual evidence around you, not merely speculate what might happen.
Kilgo went on to add, “If you find yourself in a mob situation, remember, you can’t just run anyone over with your car. It’s best to just keep moving, which may result in your bumping people out of the way with your car. However, this may be considered battery on your part, which is a crime. You may be arrested if you strike someone with your car, absent a legitimate threat to your life or the life of others. So it’s best to avoid those situations.”
“Perhaps most importantly,” Kilgo went on to say, “familiarize yourself with Georgia’s laws on the use of force, as well as such important legal concepts as the ‘Castle Doctrine’ and Georgia’s stand your ground law. The law can and does protect you in situations such as this, but you must be aware of what your rights are. While your best course of action is to avoid these often pre-planned demonstrations altogether and drive away quickly should you come upon one, knowing what you may legally do to protect yourself and your family in such a situation is your best protection.”
Independent Program Attorneys David Katz and James Phillips offered this summary of the law regarding the use of deadly force in Florida.
“Under Florida Statute Chapter 776, Section 776.012(2),” says Katz, “A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.”
Phillips added, “If you use or threaten to use deadly force in accordance with this subsection, you do not have a duty to retreat and have the right to stand your ground, so long as you are not engaged in a criminal activity and are in a place where you have a right to be.”
“You are presumed to have held a reasonable fear of imminent peril of death or great bodily harm if the other person was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered your occupied vehicle, or if that person had removed or was attempting to remove you against your will from your occupied vehicle,” Katz pointed out.
For more specific information on this and other Florida gun laws, click the Florida Gun Law: Armed And Educated book link at the bottom of this post to order your copy.
According to Independent Program Attorney Justine McShane, the law of self-defense in the Keystone State is similar to the law in Texas, but different in significant ways.
“The Pennsylvania self-defense statute provides that use of force is ‘justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.’ 18 Pa.C.S. § 505.”
In fact, McShane has written a blog that addresses self-defense law in Pennsylvania. It can be found here.
For more specific information on this and other Pennsylvania gun laws, click the Pennsylvania Gun Law: Armed And Educated book link at the bottom of this post to order your copy.
To learn more, we also encourage you to attend a Gun Law Seminar and get further instructions from our Independent Program Attorneys in your state. Click here to find a seminar in your state.
If you’ve been a customer of Midsouth Shooters Supply for long, you know we love our Black Friday Giveaways. One of our favorites in the past has been the Lock-N-Load Giveaway we did a few years ago. Thanks to the fantastic folks at Hornady, we’re able to bring you the Return of the Lock-N-Load Giveaway! Click Here to get started!
As the crowning jewel of our Black Friday through Cyber Monday sales extravaganza, the Lock-N-Load Giveaway gives our customers the chance to win one of three Hornady Press Kits.
What You Could Win:
One lucky winner will receive the Lock-N-Load Classic Kit Deluxe, with almost everything a reloader would need on their bench to start cranking out their own ammunition, at a fraction of the cost.
Next is the Lock-N-Load AP Progressive Press. This kit is great for the bulk ammo producer. With every pull of the press handle, you have the ability to churn out hundreds of rounds of ammo, great for bulk pistol shooters, competition shooters, and AR enthusiasts.
Lastly, one winner will get their hands on the newest offering from Hornady, the Lock-N-Load Iron Press Kit. This beefy press offers the heaviest in class weight, great for building big ammo for max distance and knock-down.
The deals are still going on, so head over to Midsouth for some great sales, and a chance to win a brand new press. There are tons of ways to enter, so don’t worry about not being on social media. We’re thankful we get to serve our customers, and we wish all of them luck in the giveaway!
IMR Legendary Powders recently released their new family of smokeless reloading powders! To the well trained eye of a seasoned reloader, or one who reloads with a lot of Alliant Powders, one could ascertain the namesakes of these IMR powders. Having another source for some of the best powders on the market is factor every reloader can get behind!
Press Release Date 11-12-16
IMR® Legendary Powders Releases New IMR Family of Powders
IMR Legendary Powders is excited to announce a new family of shotshell and pistol propellants.
We believe it takes a Legendary Powder brand like IMR to improve this series of legendary powders. This series of five popular burn-rate powders covers an extremely wide range of shotshell and pistol cartridges, utilizing new, green technology. Each powder was designed to match current shotshell bushing charts, so the handloader will already have the appropriate bushings available for each load. This new technology burns clean, providing accurate metering and top performance characteristics. All of these powders are REACH compliant, meaning these propellants are not harmful to the environment.
IMR Target™ The first powder in this new family is a fast-burning pistol powder. This fine-grained, small-flake pistol powder meters superbly, providing very precise loads in even the smallest pistol cartridges like the .25 ACP!
IMR Red™ The second powder in this new family was designed to be an efficient, clean-burning, 12-gauge target powder. IMR Red also performs nicely in various lead pistol target loads, such as match competition loads and Cowboy reduced loads.
IMR Green™ The third in this new family is slightly slower-burning than IMR Red, making it an ideal Trap Handicap powder and soon a favorite with Sporting Clays enthusiasts.
IMR Unequal™ IMR Unequal combines small-sized flakes for uniform metering in all pistol applications and its burn speed accommodates a wide range of shotshell and pistol cartridges.
IMR Blue™ The slowest burn speed of the five new propellants, IMR BLUE, has excellent application for heavy 12-gauge 2-¾-inch, 3-inch and 3-1/2-inch field loads.
These new powders will be available in January 2017 at quality reloading powder dealers everywhere. IMR Target and IMR Blue will be available in one-pound (1lb), four-pound (4lb) and eight-pound (8lb) containers and IMR Red, IMR Green and IMR Unequal in 14-ounce (14 oz), four-pound (4lb) and eight-pound (8lb) containers.
Complete load data for these versatile and useful propellants is accessible on the Hodgdon Reloading Data Center at www.HodgdonReloading.com.
Also from Hodgdon, comes the CFEBLK powder, optimized for use in reloading 300 Blackout Sub-Sonic Loads
Press Release Date 11-3-16
Hodgdon® releases CFE BLK
Hodgdon, The Brand That’s True®, is excited to announce the release of CFE BLK™, a new Spherical powder specifically formulated for the .300 AAC Blackout cartridge. CFE BLK joins the Hodgdon CFE™ family of CFE 223™ and CFE Pistol™.
This new powder provides full function of AR-type rifles throughout the range of bullet weights, and is perfect for those subsonic
reduced loads. In addition to being the perfect solution for the .300 Blackout, it performs beautifully in many smaller capacity cartridges, in particular, varmint cartridges such as the .17 Hornet, .17 Ackley Hornet, .218 Bee, .221 Fireball and many more. It also yields top performance in the 6.8 Remington SPC and the 7.62X39 MM Russian cartridge. This fine powder meters like a dream and leaves no copper residue, extending accuracy for longer shooting periods, and making clean-up quick and easy. It is truly a remarkable new propellant!
This new powder will be available in January 2017 in one-pound (1lb) and eight-pound (8lb) containers at quality reloading powder dealers.
Complete load data for this versatile and useful propellant will be accessible December 2016 on the Hodgdon Reloading Data Center at www.HodgdonReloading.com.