What Happens After you Shoot?

Posted on 29 July, 2013 by S.M. Ingersoll

Are you prepared for a critical incident? When I speak of critical incidents I am referring to you as a concealed carry permit holder or gun owner being put into the position to use your weapon. So many people think that if it’s a “good shoot” that all will be fine and life will go on as normal. They think the law will do it’s job if they are in the right. Nothing could be more idealistic. Let me explain things from the point of a law enforcement officer and someone that has been a part of many trials.

What you think will happen

You call 911 and report the incident.
The cops show up and ask questions.
There is an investigation that you cooperate with.
You are cleared of any wrong doing.
No charges are made against you.
Life goes on and you deal with your own personal issues from the shooting

What really happens

You call 911, and make a full confession that is recorded and later used against you by the DA and investigators.
The cops show up and put their guns in your face, force you to the ground, and put you in cuffs.
You are asked everything but when your last bowel movement was by officers and detectives. Did they read you your rights? Do you remember?
You spill your guts full of expletives and other unpleasant words.
You are taken to the police department locked into a room and observed.
They play the good cop/bad cop games for hours while asking you the same questions over and over while you get to the point where you can’t remember what you told them the first time.
Because you have no idea what you said and who you said it to, they book and charge you.
A huge bail is set after you spend way too much time in a cell and your family has to put the house up as collateral to a shady looking bail bondsman while you sit next to a smelly guy named bubba that wants to be your boyfriend.
You appear in court and they put a pretty bracelet on your leg (provided that you came up with the bail and aren’t a flight risk)

I could continue or go into more detail, but you get the idea. Are you seeing where reality greatly differs from what’s in your mind’s eye? This isn’t NCIS, where all crimes are solved within the hour or LL Cool J is the detective. This isn’t legal advice; this is just some common sense advice from someone that has seen the legal process at work and has been the officer that arrived on scene. When 911 is called, you don’t need to outline every detail of the incident or give commentary on what just happened or how it just happened. I wish I could give you an exact script on what to say to the dispatcher but this is something that you may want to discuss with your attorney (you’ve contacted an attorney already right….right?). Anything you say WILL be used against you. In the heat of emotion and stress, expletives may be used on your part or comments that will bury you in court later may be uttered. Basic information is more than enough for the dispatcher. Stating your name, location, description of both yourself and the suspect, and what type of incident just occurred. Saying to the dispatcher that you “shot a mother f#@*er that broke in your house” will do nothing but hurt you. Nothing that could be considered a confession needs to be said until you have a lawyer present and are speaking directly to the investigator assigned to the case. Once the police arrive, expect to be treated roughly. They don’t know what just happened and they don’t come to the call with a clean slate. These men and women bring their experiences from every call they have ever been dispatched to with them. This “baggage” is what keeps them alive and returning to their families. It is of course in your best interest to follow the commands of the responding officers.

Once all parties have been identified they will start asking questions. At this point you really only need to provide your information (ID) and that you will be happy to answer their questions when your lawyer is present. If you have an attorney that is willing to come to the scene then you are a very lucky person. A call to your attorney should be the second call you make after 911. An example of what to tell the police on the scene is, “I wish to cooperate with your investigation but at this time I am very shaken and need time to compose myself and to speak with my attorney. Once my attorney is present with me, you will be provided with the information you need for your investigation.” You have to be very cautious about what you say until you have an attorney with you. If you say the wrong thing you WILL BE CHARGED! After the initial interview on the scene with the responding officers you will be brought to the department or other location for further interviewing by the investigator assigned to the case.

By calling an attorney, the police may assume guilt, but it’s their job to poke holes in your story and discover if a crime has been committed. In a heightened state of emotion after a shooting, the facts will blur and it won’t be too difficult for them to have you completely turned upside down. Having an attorney present that is an objective third party may mean the difference between charges and a trial or you going back to your family. Just because you are going home doesn’t mean that you are out of the woods though. It was four months before George Zimmerman was charged with any crime and it was only after tremendous political pressure on the department that charges were filed. In other words you need to start working on a defense immediately and be prepared for the worst. There are many factors that will play into if you are charged with a crime or not. You need to know the laws in your state so that you know if you are within your rights to self-defense. Until recently, in North Carolina (my home state) you could shoot an intruder outside your home who was attempting to break in, however once he was inside you had the legal obligation to retreat and you had to prove that your life was being threatened. How stupid was that law? That’s right, you could shoot at an unseen target legally, but you had to watch him steal your TV unless he attacked you with it! If the Castle Law in your state is similar you can easily be charged with 2nd Degree Homicide for shooting an intruder in the night. Know your laws before you use your weapon or you will more than likely call a prison home for a very long time. At best you are tempting fate.

It’s your responsibility to have a plan in place if something ever does happen. You need to have a lawyer to call and you need to meet with them and ask questions long before the worst case scenario happens. They also need to know who you are, so send them a fruit cake every Christmas and make sure you use them for any other legal needs you have(starting a business, writing a will, looking over a contract). There are also networks in place that you can join that will recommend attorneys and even cover your fees if you haven’t broken any laws. Do some research and be prepared. Make sure your family knows what to do and who to call. It may not be you that the incident occurs to, make sure your wife also knows what should and shouldn’t be said. Criminal and civil lawsuits are a reality that you need to be prepared for as well. Using common sense and having plans in place may mean the difference between freedom and prison or keeping your home and being homeless. Having a gun and carrying it is a huge responsibility, just ask George Zimmerman. Although cleared of criminal charges, I am sure a civil suit will be filed. He and his family have received death threats. This man’s life will never be the same, but he is alive and that is the point of having your weapon and being trained in its use. Be safe, train, and hope for the best, but prepare for the worst case possible!

Avoiding the Fight

Posted on 23 July, 2013 by S.M. Ingersoll

This is more social commentary than what I would normally write about, but I feel like it needs to be said.

Last night at about 1am while trying to sleep, my wife and I were disturbed by loud talking and laughing outside our window (we live in a townhome community). I looked out the window and saw roughly ten teens in the parking lot. One of which was a neighbor’s son, so I figured I’d give them a chance not to get in trouble by just asking them to move the party inside. After slipping on my shorts and shirt, I put my gun in my waistband holster and proceeded outside. I motioned for the kid I knew to come talk to me, he refused so I approached the group. I was met with several racial slurs and a curse or two. This wasn’t my first rodeo, and they made it obvious they were looking for trouble. There was no way I was going to bite and be drawn into a pissing contest. I already knew how it would end. My training kicked in before I even went outside, and I had several plans in case something went wrong. I didn’t want a fight, I didn’t think there was even one to be had, but I was aware that it could go terribly wrong very quickly hence my gun being on my person.

Now these kids had no idea of my background, or that I was carrying a weapon. What they did know is that I was an “old” white guy telling them what to do. One of the guys was bouncing around like a boxer and wouldn’t break eye contact, another called me a hillbilly (I rock a pretty healthy beard these days), and there was even more colorful commentary that I don’t see a need to repeat. It was very obvious that they were begging for me to do or say anything that would act as an excuse for them to become violent. Honestly, I was more disappointed in them than anything and I certainly wasn’t intimidated. When approaching I positioned myself with a brick barrier on the other side of the group in case I did need to defend myself with my firearm, and I kept enough distance to allow a good amount of reaction time if needed. This was a precaution based on years of experience, training and the fact that I would never want stray bullets flying around my neighborhood.

What I realized after disengaging and re-entering my home is something I never considered before going outside. I saw myself as being a nice guy for not calling the cops from the start and just asking for some common courtesy. What they saw was completely different and dangerous for me. Because of my race, I was perceived as the enemy and a threat to their rights right from the start(their perceived right to be where they wanted, when they wanted to be there). I was smart enough to keep my mouth shut, remain respectful even after being disrespected, and walk away. If I had not walked away, things without a doubt would have gotten heated very quickly. Calling the cops was without a doubt the best option for all involved. I asked my wife to do so, and told her about what I had just experienced.

Now the point of telling you this story is to illustrate a few lessons that I re-learned from this experience. Even with my years of experience and training I placed everyone involved in danger needlessly because I didn’t see a dangerous situation when I should have. So what are the lessons I learned?

Always think before you act.
A situation may not be as benign as you assume.
Your perception may be completely the opposite of your reality.
Never put yourself in a situation where you are the cause of an incident.
Let the Police do their job and remember that they are seen by the law as doing their job, not as being the aggressor.
No matter how confident you are in your skills, 10 to 1 odds suck!
A simple noise complaint isn’t worth anyone dying for.
Never fall victim to instigation by an opponent.
If things had gone badly, I would have been seen as the aggressor and instigator. I also would have more than likely faced charges because the situation could have been avoided by picking up the phone rather than going outside.

The current social climate doesn’t allow us to base our decisions on common sense anymore. We have to look at the big picture of how society as a whole will perceive everything we do. The country is divided down the middle on politics, race and religion. Just because we don’t see a problem with any given decision doesn’t mean that someone from another view point won’t. As gun owners we need to not only train ourselves in the use of our weapons, but how not to use our weapons. The best way to not be in a shooting incident is to avoid the situation all together if possible.

I did everything right tactically to give myself any possible advantage, I was armed, I positioned myself well, I allowed distance and cover, and so on and so forth. What I didn’t do is give myself the ultimate tactical advantage…avoiding the situation all together!

Caliber Considerations for CCW

Posted on 10 July, 2013 by S.M. Ingersoll

Beretta 92FS (Photo credit: Wikipedia)

Today’s post comes to you from Dave Windham again. Dave’s knowledge and experience with concealed carry, firearms implementation and associated equipment is a valuable asset.

What’s in your pants???

Did that get your attention? Good, now please read on so that you understand the question. I’m really exhausted of (primarily men) purchasing the largest caliber gun possible because it’s the manly thing to do while ignoring the basics of firearm handling and simple logic. They ignore the simple fact that despite their manliness, they may not be able to effectively control a large bore handgun. I’ve seen people purchase guns that don’t even fit their hand so that they have a “45” as opposed to any other caliber handgun.

Let me start by saying I don’t advocate or consider mouse guns an option. I don’t even like these mini guns as back up weapons. Personally a .38 +p or .380 is about as small as I feel is an effective caliber in any gun fight and many folks in the industry agree. What I am addressing is 9mm, through 45ACP. Many novice or inexperienced shooters just don’t consider 9mm as being a good round in a gun fight and think that bigger is always better. Let’s look at the evidence, and you make up your mind.

Credit: Front Sight Firearms Training Institute

The chart above shows the penetration of the handgun rounds that we are discussing, while the page linked to next shows the expansion of the said rounds upon penetration. Please note that manufacture and bullet type, weight, etc. do cause dramatic changes in these findings. Do your own research or study the research of professionals to make your own choice and reach your own conclusions.

As you can see, there isn’t a clear and simple “best round” or “magic bullet”. With different manufacturers or slightly different bullet styles the results are almost identical from 9mm all the way up to 45 ACP. With this knowledge there are several other factors that you need to consider.

The first factor is what really happens in a gun fight. A real life gun fight isn’t anywhere close to static marksmanship practice on a range or even competition shooting. Your body goes through all sorts of changes when lead starts flying in your direction. Your heart rate rises, your motor skills are significantly decreased, and your vision is greatly affected. Now ask yourself, do you want a smaller amount of ammunition and all the recoil you can handle or do you want something easily controlled that you are a very good marksman with?

To get the feeling of what it feels like to be in a critical incident, try this. Run around the block twice in all your gear, fully clothed in the middle of summer, then drop and do 25 push-ups and then 25 sit ups. Now stand, draw your weapon and engage multiple targets at multiple ranges running between cover and concealment points. Make sure you have to reload so that you make a magazine change and experience all aspects of your loss of motor skills. If you can, even induce a feeding malfunction during this drill.

Ok, so now that you know that your 3 inch groups at 10yrds on the range don’t amount to a hill of beans in real life you now have to consider what really ends a gunfight. Almost all accounts of these incidents and personal accounts from police and military personnel, as well as personal experience I know that hydraulic failure is what normally ends the fight. That’s just a nice way of saying the aggressor has bled out and can no longer function. Do you really think that .12 of an inch in expansionor a fraction of an inch in penetration is going to make a huge difference? The truth is that it really doesn’t. What’s far more important is shot placement.

In my opinion having a gun that I can make extremely quick follow up shots with, and that carries several more rounds only makes sense. Both I and my wife carry full sized duty style weapons in 9mm. She carries a bone stock M&P Pro with a 4.25in barrel and I carry a slightly customized Beretta 92fs that was once my duty weapon with two police departments. I have 20 rounds on tap while she has 17 rounds at the ready if needed. Now you may ask, is it concealable? The answer is hell yes. It’s all about holster choice and clothing choice. I’ll discuss some of my holsters in a post at a later date.

The point of this is to make you think. Why do you carry what you carry? Is it the best choice or a compromise? Could you be more effective with a different gun? Your life truly depends on your choices for your ccw defensive firearm, so take the time to do some research and make solid decisions. Happy training and be safe!

A Primer on Situational Awareness Part 2

Posted on 18 February, 2013 by S.M. Ingersoll

Good Afternoon All,

DSCN1504 (Photo credit: Luodanli)

A former co-worker and very good friend of mine has asked me to expound upon my original posting on situational awareness. This is essentially the next step in situational awareness that I outlined earlier. I originally wanted to get into a bunch of specifics regarding physically dealing with a threat but, I didn’t think that it would be prudent for me to attempt that through this medium. Those are skills that one should learn in a CCW and other hands on training classes. This is intended to be a guide and a way to get you thinking. This is not a substitute for real training or legal advice. Seek out the training you need to make you successful in a deadly force encounter. No amount of reading can equip you better than hands on in person training can.

Essentially at this point, you are the master of your surroundings, you know what is going on around you and you are able to identify a potential threat. The next step is what to do after the threat is identified. You are there trying to conduct your business. You have a few more errands to run today but it’s starting to get dark. You’ve just left the drug store and you’re headed to your car to move on to the next destination. You’re looking around and you observe a subject moving towards you from around the back side of the pharmacy. What now?

Once you have identified a potential threat, you have a few choices to make. Do you try to escape? Do you deal with the threat? If your decision is to escape, it would be prudent to do so in an efficient manner. You should maintain the option of engaging the threat if the escape isn’t going as you had hoped. In a perfect world you would have enough time to go through several steps in order to neutralize the threat without having to resort to deadly force. Often times you’re not given enough time to actually go through the steps and you may have to skip a few, this is okay. The world isn’t perfect, things escalate quickly, people are unpredictable. This is an important thing to keep in the back of your mind. Those of you in the Military/LE fields are well versed in what is called the Use of Force Continuum, this is very simply an outline for steps to take in the use of force. An example of a Law Enforcement Use of Force Continuum goes like this:

Officer Presence. A situation where Officer presence alone de escalates the situation
Verbal Commands. Verbal commands are given to the offender in order to subdue them.
“Soft Hands”. Joint locks or “come alongs” are used to gain compliance.
“Hard Hands”. Hard strikes/baton/punch, kick are necessary to gain compliance.
Deadly force. You are presented with no other option, your opponent is attempting to use deadly force against you or if you were to continue with the current struggle, you would no longer be effective in the fight and you would lose control of your weapon.

As an armed civilian sheepdog, you are not constrained by the professional standards necessary in LE. A Use of Force Continuum designed for LE isn’t going to be suitable for use by you, the armed civilian sheepdog. It has to be adapted to your individual needs and capabilities. You have the ultimate right to self preservation and the preservation of others. You can apply the necessary and appropriate level of force without having to necessarily worry about apprehending a suspect. Did you catch that part about necessary and appropriate? That is the standard upon which civilian uses of force are judged. You wouldn’t break up a simple fistfight with deadly force, nor would you attempt to stop a rape with a couple slaps.

An example of an armed civilian sheepdog Use of Force Continuum goes a little like this:

Verbal Commands. Issue verbal commands to your threat, ensure they are loud and easily understood. You want any potential witnesses in the area to be able to hear you. Call attention to what’s going on. Stop! Get Back! Please Stop! Continue to make the verbal commands.
Attempt to retreat. There are many states where you have the legal duty to retreat from an attack if possible. The key there being “if possible”. I don’t have much of an issue with this, you just need to be able to justify either why you didn’t retreat or articulate how you did retreat and it wasn’t successful. The best fight is the one you don’t have to be in.
Draw Weapon. Well that escalated quickly! You don’t have to get into a physical struggle with an attacker. Draw your weapon and keep issuing those verbal commands.
Deadly Force. Your attacker has ignored your verbal commands, they have ignored the fact that you have a weapon in your hands pointed at them and they continue to advance. They are reaching for something hidden in their waistband. They have left you with no ability to retreat. You have only one option left. Use deadly force, your life or the lives of others depend on it.
Call your lawyer. This is the last step on my Use Of Force Continuum. I highly suggest that it’s on yours as well. Your adrenaline is rushing, you’re distraught and possibly in shock or injured. This is hardly the best time to be giving a statement to the police. They have a job to do and will more than likely be on your side but you don’t want a statement you made in the heat of the moment to be used against you in criminal court or in a lawsuit. Get yourself a lawyer and make your statements through them, it’s their job to defend you and make sure nothing can be used against you. This is also something to be done before you wind up in a deadly force situation. Research attorneys in your area and meet with a few. When you find one you like and want to do business with find out what’s necessary to have them on call for you. A lawyer will be your best friend.

Prior to your decision to use deadly force, there are many things to consider. If you are able to, maneuver so you are able to safely engage your threat. The firearms safety rule “be aware of your target and what’s beyond” applies off the firing line as well. Being aware of crossfire is very important as well, particularly if you’re in a busy area or are with your family. This only applies if you are afforded the luxury of time in a bad situation however. Ultimately, you have to make the decision and it’s not an easy one to make. This is why training is so important. Take classes and talk to your fellow armed civilian sheepdogs. Develop a relationship with local LE. Learn as much as you can about deadly force situations that have happened in the past and what made them successful or failures. All of these things can help you, should you wind up having to use deadly force. As for now stay safe, train and have a good ‘un.

A Primer on Situational Awareness

The Beretta/Stoeger Cougar

Posted on 3 February, 2013 by S.M. Ingersoll

Good Day All,

Today I’m going to tell you about a firearm that is near and dear to my heart, the Beretta Cougar my first handgun. This Particular handgun was brought to the market in 1994 and received a slightly less than stellar reception. This can be attributed to two things in my opinion, Beretta‘s famously understated advertising and the Glock craze that was going on at the time and still continues today. Don’t get me wrong, the Glock is a fine firearm, but it is far from the only game in town.

Beretta Cougar Rotating Barrel Lockup (Credit: Wikipedia)

The Beretta Cougar was brought to market with several different models (F, G, and D) and calibers (9mm, .40S&W, .357Sig and .45ACP). Those of you familiar with Beretta’s more commonly available models the 92/96/M9 the Cougar will have a very familiar form factor and controls. The profile from the operator perspective of the handgun is identical to the 92 making it a very comfortable pistol choice for prior military personnel like myself. The cougar operates on a rotating barrel locking system where the barrel does not tilt up like on most other pistols. The barrel instead rotates to unlock the barrel from the slide when it recoils then extracts the spent cartridge and loads the next into the chamber. This method, in theory, is more accurate than the other more common system that is used in most other handguns. It keeps the barrel on the same plane throughout the entire operation cycle. Personally I’m not aware of any other firearms that use this same system other than the successor to the Cougar, Beretta’s PX4.

The Beretta Cougar holding it’s own next to more “modern” handguns in a large round count class.

I purchased the .40S&W model from a fellow police officer friend of mine quite a few years ago who had bought it and never shot it. I have put several thousand rounds through it since, without much issue other than replacing the extractor and extractor spring as they had worn out after a significant period of time where I was shooting hundreds of rounds on a weekly basis. When you shoot a lot, parts tend to wear out. This is true of any firearm even the precious Glock. This pistol conceals as well as any other large frame semi-auto with the correct holster selection and is as reliable and rugged as its bigger brother the 92FS/96FS/M9. Shortly after returning from my second tour to Iraq I signed up for a class from a local training group. The class was a one day defensive handgun class with a 600 round count for the day. My Beretta was pitted against Glocks, Springfield XD‘s, S&W M&P‘s, and of course the expensive and very awesome Sig. My Beretta did not experience any malfunctions other than the ones we purposely induced for training purposes. I definitely had the most different handgun on the line that day and it performed flawlessly. Later on I wound up using my Cougar as a duty weapon while working a private security job with the NCDOC, I shot a perfect 100 on both day and night qualification and later as a police officer I qualified with it again as an off-duty gun and shot 100 day and night. This pistol in my hands is far more comfortable and accurate than the Glock 23 I was issued as my duty weapon as a police officer.

English: Beretta 8040 Cougar Pistol disassembled to show parts. (Photo credit: Wikipedia)

Several things are important to consider with this particular pistol. It is a little lacking in the accessory department. Holsters are available but usually require special order, the choice of sights are a little limited but both Trijicon and Meprolight night-sights are available. Grips are available from Hogue in the aluminum and wood variety and of course you have the option of using the universal grip sleeve from Hogue as well. Another important note is that Beretta is no longer manufacturing this pistol, it is now being made by their subsidiary Stoeger. Stoeger is based out of Turkey and makes mainly shotguns similar to the models already made by Beretta and Benelli. Stoeger does not manufacture the .357Sig model, but I personally don’t really see this as a great loss. The .357Sig cartridge is an expensive and difficult to find round and as far as I’m concerned the merits of it’s ballistics don’t outweigh it’s cost and difficulty to procure. It is also important to note that the .45ACP model is actually a larger pistol than the .40S&W and the 9MM models so holster selection is made a bit more difficult for that particular model. The offering from Beretta did not have an accessory rail available on this pistol. I don’t see this as a shortcoming personally. Adding a light/laser on a handgun makes it bigger and harder to conceal. I carry a Flashlight with me all the time anyway and I have trained using my support hand to use a flashlight in low-light shooting situations. There are Stoeger models that do have an accessory rail on them if that is a necessity for you. The best part about this pistol? you might ask, well it’s very budget friendly. My father and brother both just bought Stoeger Cougars in .40S&W and 9MM respectively. The total bill for both handguns came in at under $900 out the door from a local dealer here in NC, and that is during the current buying frenzy going on. I’ve given you quite a few things to consider here, take the knowledge and run with it. As always stay safe, train and have a good ‘un.

The Truth About Gun Buying Advice

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