SIGnificant News

You've likely heard of the news story of the Air Force airman who, as it was originally related, was shot by his Sig M18 while it was in the holster untouched?

Apparently that's not quite what actually happened: 

Air Force Times: Air Force makes arrest in airman’s shooting death involving M18 pistol 

The Air Force has arrested an airman in connection with the July 20 death of another airman, which involved a Sig Sauer M18 and led the service to suspend the use of the pistol following the incident.In a Friday statement, a Department of the Air Force spokesperson said that the unidentified arrested person is accused of making a false official statement, obstruction of justice and involuntary manslaughter.

That story was the last straw that made the SIG P320 pistol non grata at ranges, competitions,  instructional firearms classes, and many law enforcement departments nationwide.  

As someone else noted on the internet:

The say 15 reported documented cases of UDs vs 4 million P320s in circulation. That’s a ratio of around 266,667:1; hardly a number suggesting a systemic design flaw. Let’s even be generous and say the number is closer to 100 incidents. That still only yields a 1 in 40,000 occurrence. To put that into perspective, the odds of being struck by lightning are around 1 in 15,000. 

Certainly puts some perspective on the problem.

Now, the SIG trigger when pulled makes the firearm go off, and the trigger doesn't much care what pulls it, be it an ill-fitting holster, a key (which is potentially what caused the Michigan State Police discharge in the FBI report), or your finger. If the trigger gets pulled past the point of no return and off it goes. I'd also say it's a tad lighter than the typical Glock trigger with less resistance to such a movement rearward into the firing position.

So far, there's been no real explanation for the undocumented discharges, nor repeatability of the problem, and Bruce Gray, who likely knows more about the SIG P320 than just about anyone alive is about to release a series of videos he has done extensively testing the pistol.  So far, he's only found one way to make it have an uncommanded discharge, and it requires placing a 45/10mm take-down lever in a 9mm SIG and a few other unlikely modifications in order for it to happen. 

So are SIG P320s unsafe or are we getting a lot of social media panic over it?  I simply do not know the answer to that at this time.

In terms of anecdote and not data, I've run thousands of rounds through my SIG P320s in competition and in casual/practice shooting at the range, drawing and holstering and carrying them live with zero issues.  Again, anecdote and not data, and certainly not definitive, nor proof of anything.

Remember when Glocks first came out and reports of negligent discharges from police officers and others unfamiliar with using the striker-fired action were unfortunately shooting themselves?  Remember all the claims that the Glock was dangerous, defective, and unsafe as a result? Is the issues with the SIG P320s the same sort of reaction, now heightened by social media,  or is there a manufacturing or design defect affecting a small number of the pistols?  We will still have to see.

SIG's public relations and handling of the issue certainly hasn't been the best.  

I do hope that Bruce Gray's analysis gets released soon and does lead to a definitive answer to the situation. For now, I don't have an answer to the question as to whether there is a real design/manufacturing problem affecting the SIG P3230 or if this is a real user-induced problem.

Import The Third World And All That

Arabs have a tradition of cranking off rounds into the air to celebrate things. 

They combine this with a very Insha'Allah attitude as to where the rounds may end up.

This tradition has serious issues when it meets in modern society, especially when done from a vehicle, on a highway.

The Detroit Free Press: Gunfire from rented Lamborghini during wedding procession in Dearborn leads to arrest

A wedding celebration shifted from festive to dangerous when shots were fired from a purple Lamborghini Huracán on the evening of Sunday, June 1.

The celebration involved a procession of honking vehicles that stretched from Canton to Dearborn.

Dashcam footage captured the moment someone fired a handgun out the passenger-side window of the luxury sports car near Ford and Evergreen roads, prompting an investigation by Dearborn police.

Officers tracked the festivities to a banquet hall in Dearborn Heights, according to Dearborn police. The rented Lamborghini was impounded, and an anonymous tip later led to the arrest of a person of interest now facing a charge of reckless discharge of a firearm.

No matter how happy you are that someone tied the knot, you don't drive down a highway cranking off rounds into the air, flashy car or no.  The article has a heckuva nice picture of the shooter in the Lambo cranking off some rounds.

You're responsible for every round that leaves your firearm. It's not just unacceptable to hoof rounds into the air in traffic (or just about anywhere else for that matter), it is irresponsible and indeed criminal to do so.  So, don't.

No, Don't Do That

A completely avoidable death from lousy gun-handling:

The Detroit Free Press: Man kills himself in Hamtramck parking lot, police say it was an accident

As the news notes, a man sitting in his car prior to heading into a marijuana store managed to shoot himself in the leg while removing his handgun from his holster. While he missed the draw, he likely successfully hit the femoral artery and he subsequently bled out.

We will leave for the moment that if he's using marijuana, he cannot under federal law posses a firearm, regardless of the fact that the electric lettuce is now legal in Michigan.  Federally that's still a no-no. We will also note that marijuana use tends to make you less than fully present at times.

My bet is the marijuana store had a no-firearms policy which is why he was trying to remove the firearm from his person.  I'd also bet he had on a flimsy nylon type holster and he managed to depress the trigger while trying to pull out his firearm while seated, with tragic results.

Quick Tip:  Have your handgun in a good quality holster that covers the trigger.  Then, if you're removing your firearm in a car,  or anywhere else for that matter, remove it and the holster together.  

Don't take it out of the holster, keep it in the holster with the trigger covered in nice solid kydex (or high quality leather in good condition if that strikes your fancy). There is no need to remove the gun from the holster when you are out and about unless your life or someone else's life is in imminent danger.  

Keep the gun where it belongs - in the holster.  The life you save may be your own.

Remember The Rule To Know Your Target And What Is Beyond?

There's a reason it is a rather important firearms safety rule.

In short, there's now at least one Detroit police officer (and I suspect many more)  that certainly needs some remedial firearms training and improved proficiency.

The Detroit News: Officer accidentally shot by partner aiming at dog, Detroit police said

Vicious dogs are an ever-present problem in Detroit.  From feral dogs to criminal's pit bulls and rotties to just plain negligent owners who don't properly train and control their dogs there's sadly a lot of bad and dangerous dogs out there. 

Bad dog related stuff, as a result, happens all the time, and police often do have to shoot dogs that are attacking them or others.

But, shooting your partner instead of the dog charging at the two of you is really not an ideal solution to an attacking dog problem.

The Irony Of Detroit Gun Violence Interventionists

In the Detroit Free Press, there's an article about a rally against gun violence, as they are of course blaming guns for criminal's actions and the fact that criminal violence and assaults, often over trivial matters are very much on the rise in the D.

The Detroit Free Press: Shootings over simple disputes on the rise, Detroit interventionists say

It's mostly pay-walled, but the photos accompanying the article are not.

The irony of course is because of one of the featured speakers depicted in the article:

o

Sam Riddle.  

Sam Riddle talking against gun violence.

The very same Sam Riddle who himself was sentenced to two years for firing off a shotgun in a "simple dispute" - being caught in bed with another woman by his "live in companion" and then shooting at his companion with a shotgun.

So yes, Sam Riddle would surely know all about inappropriately using guns during a simple dispute. 

In the D, even violent felonies, even involving firearms and violence against women - two things Democrats profess to be against - don't stop Democrat politicians from being considered respected (and of course paid) heads of Democrat organizations rather than placed beyond the pale for their actions.

You just can't make this up.

Treat All Firearms As If Loaded, Part The Umpteenth

You may think its unloaded, but thinking does not make it reality. Then going on and pointing said "unloaded" gun at another person and pulling the trigger leads to tragedy.

The Detroit Free Press: Deputies: Off-duty Detroit police officer shoots girlfriend in Lyon Township

Basically the officer, while demonstrating firearm safety and how to safely handle a firearm to his girlfriend managed to shoot her with an "unloaded" gun. The girlfriend does verify his story and also believed it was unloaded.

This safety demo ended with her taking a thankfully survivable round to the chest.

From the article, it sounds like either he forgot the one up the pipe or racked to clear it with the magazine still inserted and then dropped the magazine, inadvertently loading it before carrying on with his demonstration.

Again, making sure a firearm is unloaded before demonstrating with it is vital.

Since people clearly are fallible when it comes to making sure the firearm is unloaded, it is even better use a blue or SIRT gun in demonstrations or at least to insert a trainer or training barrel into the gun if you have to show how to manipulate it and prevent it from being shot.

In short there's a whole lot of inexpensive, and useful tools out there to completely avoid these kinds of negligent accidents.

One Way To Resolve A Self-Defense Incident - With A Plea Bargain

So you're innocent and accused of a crime. Say in this case felonious assault after you drew your firearm to protect yourself.

Felonious assault in Michigan is, as the name suggests, a felony with a penalty of up to 4 years in the clink if you're found guilty, plus restitution, plus an additional sentence for use of a firearm in the commission of a felony.

In short, it's not a pleasant prospect to be facing.

As described previously, I was retained and helped my client get bailed out. On to the next steps.

First, there's the probable cause conference where you meet with the prosecutor and discuss things with them and the court. I have a nice discussion with the prosecutor in this case, explain my client's version of things and that we have an additional witness to back up the story. She notes the other party also has a witness to back their side of events. Very civil chat and it ends with her offering my client to plead to attempted felonious assault, which is a 2-year high misdemeanor.

This is obviously better than a 4 year felony but he's still looking at jail time and BATF would consider that disqualification from owning firearms as the sentence potential is over 1 year. Not a great offer at all, and my client understandably doesn't want to accept that so we fight on.

Next comes the preliminary exam.

The preliminary exam is where the prosecutor must prove: 1. A crime was committed and 2. The defendant more than likely was the one who committed the crime. Not a high bar to get over, and darn few cases are dismissed at the preliminary exam. It is however often worth using to test the prosecutor's witnesses and see what they have and lock in their testimony. In a self defense case, there's an additional burden the prosecutor has - to show my client most likely did not act reasonably in self defense.

So we do the preliminary exam. Good news - while the "victim" is available to testify, his witness apparently has refused to appear, including disobeying a subpoena to appear for the prosecution.

The prosecutor takes the witness, the prosecutor's victim and in our side of it the aggressor, through the event including the argument between the parties that led to the altercation.

I then get to cross-examine and establish that it was the "victim" that started the argument, the "victim" had threatened other people (who weren't there) with being shot if he saw them, setting the stage for willingness on his part to threaten deadly harm.

He stated it wasn't a heated argument, unlike what my client stated occurred.

I also got him to admit that: 1. During the argument my client appeared visibly afraid during the altercation; 2. My client had asked him to leave multiple times, and he had refused; 3. That he, the "victim", (who was open carrying) had his hand near his firearm, but he claimed not on his firearm, during the argument before my client drew his firearm. My client then drew and pointed it in his general direction, telling the victim he was going to shoot him, which the "victim" happened to catch on his phone video, but he conveniently caught none of the events precipitating that. The video didn't make my client look great and he wasn't exactly using his words in a beneficial matter and wasn't quite perfect. But, the aggressor then left and my client put his gun away.

This is right when my client should have called the police, because the "victim" sure as heck did -- claiming my client pointed a gun at him without any good reason and the witness that failed to show up had backed his statements at the time, leading to the charges being pursued.

Overall, there was some pretty good and some useful testimony for our side, and some for their side. Some other evidence entered with another witness called and some testimony taken, arguments made, and we're done. At this point I've definitely done some damage to the prosecutor's narrative of the case, not to mention locked in the testimony of the prosecution witness.

In short, we've got a He Said - He Said situation with some serious differences in testimony as to what happened and whether it will amount to a reasonable act of self defense or not.

The judge then says: I'm going to take a break and decide how to rule on this matter. I'd suggest the parties talk and see if something can be worked out. If I rule that there is sufficient evidence the case goes forward up to Circuit Court, and it is a low burden for the prosecutor to meet to have this happen, but if I rule against the prosecution then it will be dismissed so you may all want to talk before I make my decision.

In short the judge just gave both sides an impetus to try and resolve it short of his making a decision. He told us to talk, and so we do. I will say the judge had a rather excellent poker face at that point.

The prosecutor and I then talk.

The prosecutor makes one heckuva offer: Misdemeanor brandishing, with a controlled conditional plea that there's no jail, no probation, and only a $100 fine and that is it. In short, aside from my client being unable to have a CPL for 8 years, it is close to the equivalent of pleading to having been caught spitting on the sidewalk.

I then explain the offer to my client.

He understands that he could continue, go to trial and win, but if he lost at trial he'd be looking at jail time and a felony record. He states his boss is also annoyed with the times he's had to take off for work for the case already, and the obvious expense and time involved in going to Circuit Court and all the stages and mandatory appearances that have to happen before trial would add to the fun he's been having from this incident.

He also understands that he can end it now with paying $100 and not having a CPL for 8 years, but not otherwise risk losing his firearms rights and his freedom.

He decides to take the deal and move on with his life.

In short, not a bad result.

While I would have liked to take it to trial and think we would have won, I'm happy to have been able to get him such a good deal. It is always the client's decision to accept or reject a deal. A fine of $100 with a minor misdemeanor on his record, and in return getting rid of a felony charge and all risk of jail, fines, with no further court appearances, and no further problems is not a bad way to resolve the matter.

Some Legal Considerations For After A Self-Defense Incident

I'm currently representing a client in a self-defense case where he succeeded in defending himself in an incident but is now being charged by the prosecutor with felonious assault with a firearm, a 4-year felony. He did not discharge his firearm during the incident.

Without discussing the case further, as it is pending, and while it is a self-defense case, it has some "he said - he said" and conflicting witness accounts with grey areas that certainly let the prosecutor bring charges.

So Here's some Important Things to keep in mind in a self-defense incident:

1. Expect To Be Arrested.
You may have done it right, but the police and prosecutor may not agree or not even care to know at the time. My client had been arrested on the weekend, after the incident, and got to spend a night in jail as there was no judge available for Sunday arraignments. He did get a phone call, and he used it to contact me which was good. He also cooperated completely with the police and jail staff during his arrest and jail stay. This is important - don't do anything to increase any charges against you or make a court reluctant to grant you bail by acting out when under arrest. Instead, continue to behave as a law-abiding citizen at all times. Yes, it sucks, don't make it worse.

2. Have Bail Money.
At the arraignment, I was able to get the judge to see my client's perspective concerning the incident and presented an outline of the evidence to set the stage for it being a self-defense case. This was good and the judge actually told my client to thank me as based on the prosecutor's urging and the public defender, who I replaced at the arraignment, he was going to set bail at $50,000 (which my client did not have). But instead, based on my lawyering, he set it at a $2,000 / 10% down bond, meaning my client had to come up with $200 to get out of jail.
In short I did a nice job.

The problem was, my client didn't have $200 on him, nor did his family member who came to pick him up. This led to some interesting moments but it got worked out. Make sure whoever is coming to pick you up has money available for bail. Instead of buying your umpteenth firearm, have some money set aside in an envelope that your family member or trusted friend can get to for these ugly occasions. While item 3 below may help with bond, it can take time to get that arranged, so having cash easily available beats sitting in jail waiting to get bailed out. Trust me, you don't want to stay in jail any longer than you have to.

3. Concealed Carry Insurance Is Highly Recommended.
Good lawyers are not cheap, bail money isn't cheap, potential expert witnesses aren't cheap. The judicial process in a felony charge situation is not cheap. Having Concealed Carry Insurance is a darn good idea. I can say that the client has USCCA insurance and the USCAA is really stepping up and providing coverage for him which is vital. I have no experience as an attorney with other insurance programs for CPL holders, but based on my interactions with USCCA in this and prior incidents for clients, I can say their personnel, including their legal staff, are extremely responsive, on the ball, and do step in to get their member help. USCCA does get a retainer to the representing attorney, fast. Unless you have $5k-10k lying around just for a retainer for a felony case, you will want insurance, and an insurance program that pays up front.

4. Please be the one to call (or have someone on your side call) the police immediately and report the incident.
While no lawyer wants you making voluminous off-the-cuff statements where you may unknowingly be implicating yourself, any time you draw your firearm to protect yourself you're in a race to the phone. Not contacting the police immediately afterwards is very much not helpful. It is sufficient to state in the call that you were attacked; the attacker went that-away; you used a firearm to protect yourself; and you will happily stay where you are and wait for the police to arrive so you can report the incident (assuming that's safe to do, otherwise state you will drive or otherwise go direct to the police station); and yes, you do want to press charges if they catch the attacker.

Drawing your gun and preventing the attack is only the first stage in the encounter, winning the race to the phone is the next stage. Yes, bad guys do lie, call the police, and claim they're the victim and demand charges against you. It happens in real life.

5. Expect Not To Be Allowed To Own Firearms While The Case is Pending.
Most release terms for felony charges will include no alcohol, no drugs, and no possession of firearms. It's not a bad idea to have someone you can trust be ready to take possession of your firearms in such a situation.

In short, unless your self-defense incident was absolutely crystal clear, your protecting yourself and prevailing in the face of a violent attack is just the beginning.

Yet Another Example Of Why You Need More Than 10

The Detroit News: Police: Off-duty officer shoots way out of holdup

Reading the article you can see he fired "at least ten rounds" which likely means more than that. If he was carrying the Detroit Police Department issued M&P 40, that would be 15 in the magazine and one in the chamber for potentially 16.

So much for the argument that no one would possibly need more than 10 rounds in a magazine, or that 10 is a magical "common-sense", "reasonable" limit.

While some may argue "But he was a police officer", He was off duty and acting completely as a law-abiding citizen when he was waylaid by the two individuals, at least one of whom had a rifle. Ten plus rounds were needed to protect himself, and fortunately he had that and lives in a state without an arbitrary and capricious magazine capacity limit.

He hit at least one of the two in the encounter, and that one was caught when he showed up to a hospital. The officer got out of the attack unhurt, so that counts as a win for the good guys.