Search found 17 matches

by Rabbi
Thu Mar 23, 2006 3:57 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

Re: What in THe WIde World of Sports

cxm wrote:BALDERDASH!! Utter Balderdash!

I have it figured out now... this is a joke... everyone is supposed to be laughing...

Right?

Chuck

Rabbi wrote:
gigag04 wrote:
Rabbi wrote:(W.D.Ky. 1903)

Uh, you do realize that it is cases like this that establish the fact of what is Federal Jurasdiction? Lock it because you made a statement and I brought up a a scenerio with case law that could effect us all that probably has not be brought up?

Listen, if you think it is far fetched, fine, If you are not going to worry about it that is great as well, but it is these kinds of topics that might lead to people learning something, and at this point I am trying to make that someone me.
Ok, since you think I am wrong, would you please tell me who has jurisdiction on Federal Land that has been ceded by the state?

Would you tell me how that is established, and would you find a case since the 6th district court handed down this ruling that would countermand the contentions I have made. here is a hint, you will find many cases that back up what I have said. If the Government can prove it is federal land and it was ceded by the state, it is a federal case. I used the one from 1903 because it involved something that could be overlooked and was not obvious such as a dam.

I could be wrong, be telling me I am doesnt make it so. Offer the reason.
by Rabbi
Tue Mar 21, 2006 12:35 am
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

Re: What in THe WIde World of Sports

gigag04 wrote:
Rabbi wrote:(W.D.Ky. 1903)
1903....this has got be a joke?

It was a good convo to get me thinking but....I think it has run its course on this one.

vote: lock
Uh, you do realize that it is cases like this that establish the fact of what is Federal Jurasdiction? Lock it because you made a statement and I brought up a a scenerio with case law that could effect us all that probably has not be brought up?

Listen, if you think it is far fetched, fine, If you are not going to worry about it that is great as well, but it is these kinds of topics that might lead to people learning something, and at this point I am trying to make that someone me.
by Rabbi
Mon Mar 20, 2006 7:56 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

Re: What in THe WIde World of Sports

gigag04 wrote:
Rabbi wrote:In some cases, (but not all) this would include places such as Post offices, Railroad right of ways, federal public works projects. Federal Lands, Military bases, Federal Dams and so on.
Post offices again... :deadhorse:

If there is a CHL shooting in a post office, military base or something like that....you have more problems than how they qualified. Why are they carrying there?

-nick
United States v. Tucker, 122 F. 518 (W.D.Ky. 1903), a case involving an assault committed at a federal dam, jurisdiction was sustained by finding that the U.S. owned the property in question and the state involved had ceded jurisdiction.

Just one example. Now I have no Idea where a federal dam is in Texas. Perhaps something like Canyon Lake damn in Canyon Lake texas. It is run by the Army corps of engineers? so who knows.
by Rabbi
Mon Mar 20, 2006 6:59 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

Re: What in THe WIde World of Sports

cxm wrote:What in the wide world of sports does this mean????

Would you be so kind as to educate me and explain the issues involved in the Federal Government having jurisdiction in a shooting case?

Thanks

Chuck

Rabbi wrote:
txinvestigator wrote:Unless a person you trained is a LEO and sued under color of authority how could it be a Federal case????
If territorial jurisdiction over a crime is Federal it is a Federal Case.
If the incedent takes place in a place that the Federal government has territorial jurisdictionand and it can be established that the state ceded its rights, it is a Federal Case.

In some cases, (but not all) this would include places such as Post offices, Railroad right of ways, federal public works projects. Federal Lands, Military bases, Federal Dams and so on.
by Rabbi
Mon Mar 20, 2006 1:26 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

txinvestigator wrote:Unless a person you trained is a LEO and sued under color of authority how could it be a Federal case????
If territorial jurisdiction over a crime is Federal it is a Federal Case.
by Rabbi
Sun Mar 19, 2006 11:03 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

txinvestigator wrote:
Rabbi wrote: Here is one that has sliped my mind and perhaps other Range Owners can chime in. It doesnt happen much but it happens. From time to time I get a call or a subpoena from a Lawyer that wants me to testify about a gun buyer or a shooter(This happens when there is a shooting). Among the things they want to know are how often they shoot and how good they were.

We don not keep records of such things, so it is a "I do not recall" situation. However they are persuing these courses of action. How much moreso if they had an actual record of their proficiency or lack of.

While others may disagree, That to me makes it not only very real, but seemingly common and not something to be dismissed.
Interesting. I have been at DFW for 3 years. The owner there for over 4, and some employees over 7. No one I asked recalls ever having been asked this question.

And back to the CHL issue of Pass Fail and it effecting the range or instructor. Even if Pass/Fail could be an issue for the student who was involved in a shooting, Instructors have legislative immunity for any civil action

Texas Government Code


Text
§411.208. Limitation of liability.

(a) A court may not hold the state, an agency or subdivision
of the state, an officer or employee of the state, a peace officer, or
a qualified handgun instructor liable for damages caused by:

(1) an action authorized under this subchapter or a failure
to perform a duty imposed by this subchapter; or

(2) the actions of an applicant or license holder that occur
after the applicant has received a license or been denied a license
under this subchapter.

(b) A cause of action in damages may not be brought against
the state, an agency or subdivision of the state, an officer or
employee of the state, a peace officer, or a qualified handgun
instructor for any damage caused by the actions of an applicant or
license holder under this subchapter.
Two thoughts, This would not apply to Federal cases and if they can show neglagence, a defence to prosecution doesnt hold much weight anymore.

Listen, You have your thoughts on this. You are sure of your position. I think there is cause for mine to be considered. Barrister Cotton had a good insight to this as well.

I have some people looking into any cases that have had something like this be an issue. They might take their time and I will let you know what they find if anything. Regardless of how anyone feels about this, That should be interesting.

So there we are.
by Rabbi
Wed Mar 15, 2006 12:38 am
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

BTW, Tough crowd! :shock:

Here is one that has sliped my mind and perhaps other Range Owners can chime in. It doesnt happen much but it happens. From time to time I get a call or a subpoena from a Lawyer that wants me to testify about a gun buyer or a shooter(This happens when there is a shooting). Among the things they want to know are how often they shoot and how good they were.

We don not keep records of such things, so it is a "I do not recall" situation. However they are persuing these courses of action. How much moreso if they had an actual record of their proficiency or lack of.

While others may disagree, That to me makes it not only very real, but seemingly common and not something to be dismissed.
by Rabbi
Wed Mar 15, 2006 12:21 am
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

jimlongley wrote:And let's review something else we know - from your own citation.

"have had the effect of eroding the model of police professionalism, in regards to gunfighting skills"

So P/F really is a bad thing, cloaked in the guise of a good thing, all for avoidance of CIVIL liability.

And you failed to use the other quote that is much more telling in that other thread - if indeed it is the same txinvestigator - "It is very easy to establish in court that shooting a gun out of someones hand or shoot to disarm, etc., is not only impractical but also nearly impossible under the stress of a violent encounter. These feats are myths.

What is more likely is that the departments do not want the scores of those who barely pass to be available."

I, like TXinvestigator, now choose to reserve my replies for comments that I deem worthy.
No one is debating if it is good or bad from a training standpoint. That is not even part of this issue. This is a conversation about Liability.

The other quote I mention very explicitly. It is the post facto defense. It is exculpatory in nature, not preemptive.

And if you want to take the other route, this practice protects low score shooters, Again, it brings up liabilty issues again.
by Rabbi
Wed Mar 15, 2006 12:17 am
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

jimlongley wrote:Rabbi,

You started this thread with a statement, followed by a question which contained the possibly unwarranted conclusion that there was some level of liability attached to allowing people to know how they fared and to take their targets.

Others have responded that they follow a similar practice, and some have responded that they did not. It is my perception that you seem to have started the thread merely to argue with those who do not subscribe to your viewpoint, you certainly don't seem to give theirs any consideration.

Your lack of consideration for people's honest answers to your orignal question does seem to make it personal on your part - this is not a debate, but merely an excuse for you to present your views in the form of a diatribe. You have claimed to listen to all sides, but you don't seem to listen to those who you don't agree with.

This may indeed be an issue that deserves examination, but you need to participate in the examination and not turn it into an inquisition. I, for one haven't seen anything like a "myriad of reasons" all I have seen is conjecture - this could happen, that could happen - coulda, should, woulda, but no real reasons. And then you attempt to take the high ground once again with "If I am right . . ." and a preachment about risk and implications for us all.

If I may digress, the last time my wife and I requalified, there was no question as to what HER score was, all 5s, a perfect score and only one of two in the class to accomplish that (no the other was not me, I dropped three points.) She was justifiably proud of this accomplishment, and considering her anti-gun tendencies when we were dating 13 years ago, and the fact that she used my gun after I persuaded her she would shoot better with it, makes me a little pround too.

The instructor further added to her ego trip by making a big deal of her perfect score (okay, he knew of her hoplophobic past) and actually presented her with her target. I didn't want mine anyway, I am a better shot than that, but we all were given the opportunity to take them, and the scores were calculated right on them.

I, personally, see absolutely no harm in letting people take their targets, and if they do, they might as well know what the score was, because it's pretty easy to figure out. If some tripped out DA finds out that someone fired a perfect score, it will be quite suitable to respond that a high score on a CHL qual is not indicative of superb marksmanship, merely good, which is all that Texas wanted to establish when they set the standard so low. If you are good enough to pass, then you are good enough to hit what you are shooting at, and the DA merely serves to point out that TX set the standard and you fit within it.

Maybe if the standard was set a lot higher, or if the scoring rings were the size of 2700 match targets' then that DA might have a chance of convincing an unknowing jury that one was such a superb markman that the gun should have been shot out of the hand or the shooter should have fired to wound instead of kill, but in practical, everyday, terms the average CHL shooter really NEEDS to aim for center of mass if for no other reason than to avoid missing and possibly doing damage to unintended things or people. And the really good (perfect score) CHL shooter is merely able to keep all of their shots on an area substantially bigger than a dinner plate when shooting from 9 feet, 21 feet, and 45 feet, not real challenging.
I agree with much of what you are saying, and I can see why you would think I am going a little far on this debate, that was not my goal. I made some statements and was told it doesnt matter. That is one point of view. In the course of that exchange, I guess at this point I will let the information made available so far stand on its own grounf about the validity of the veiws expressed so far. I did not mean to sound hostile, However when presenting opposing veiws on a subject that is how it can sound or just how some people take it.

the only things I would point out is in the course of this debate more and more information has been presented, and that is always good. Second, I would disagree with your contentions about what a DA might or might not do and what a Jury will believe. Based on the information I have presented, it would seem that it happens. I would also not trust the "Average jury" either. Think about it this way how many times have you heard someone say "Why didnt he just shoot him in the leg" or something similar when a Police shooting happens. I here thing like that all the time, so I have little trust in my ability to predict what a DA or a Jury will do.

I can however help reduce the risk of such things before it happens.
by Rabbi
Tue Mar 14, 2006 11:33 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

I would like to point out the following.


From the Criminal Justice department Facuity pages of North Carolina Weslayan College With references at the bottom of the page.

According to them, What I propose is exactly the reason Police department have a Pass/Fail System and 50% of agencies do this. This is quite contrary to the contentions you have made.

http://faculty.ncwc.edu/toconnor/205/205lect02a.htm

To pass or graduate from a PPC course, about half (50%) of departments rely strictly upon a point system. You either score in the required proficiency range for the point totals on your type of target, OR you are suspended, dismissed, or relieved from normal duty after two or three chances at the course of fire (dismissal usually occurs only 30% of the time, and then only for "chronic" failure to requalify, and then often involving a disability, or courtesy, dismissal). Under the point-score system, your point score is recorded year after year in your personnel files. The other half (50%) of departments use a pass-fail system, where the instructor (or referee) only adds the points up in their head, and records whether or not the officer passed or failed the course. The purpose of the pass-fail system is to deny attorneys access to a record of point scores if and when an officer is charged with a civil action. Pass-fail systems (and other civil liability concerns) have had the effect of eroding the model of police professionalism, in regards to gunfighting skills, first charted out by the NRA and supported by many other groups over the years.

---------------------------------------------------------

It would seem you have had this same conversation with others as well on a LEO forum. it is stated rather clearly that Liability is an issue AND YOU AGREE WITH THEM. As a matter of fact the person who posts right after you says it NORMAL for the officers training record and scores, he goes on to say how the system WORKS for liability reasons. Wich is in DISAGREEMENT with your statments here. You argument there is the same as here though, you can defend it after the fact. I wish to examin what would seem like a far more prudent couse of action and that is reduce such a risk before it happens.

Again, It does not support the contentions you have made.

http://forums.officer.com/forums/printt ... hp?t=18207


For liability purposes, Pass/Fail scoring is becoming the norm. When the use of force is questioned, it is normal for the training records of the officer to come into play, and needless to say, this includes officer involved shootings.

The problem, however, is that on paper, it makes it look as if all of the officers are even in ability. When I first started, % scores were common, and I was always PROUD to be able to consistently score 100%. However, there are always those officers who will struggle to meet the minimum (75% in our case). I've seen officers who's firearm skills were POOR. Unfortunately, with a pass or fail system, the officer who struggles to pass the qualification with a minimum score (and needs several attempts to pass it), is EQUAL to the officer who passes it consistently with 99-100%.

When we picked our competition team, we would take the top shooters in the department and place them on the pistol team. Under a pass/fail system, there are no top shooters, everyone is equal!!!! It used to be that exceptional ability on the range was recognized, but under the pass/fail system, you can't do that. Pass/Fail works for liability reasons, but other than that, I think it sucks.


-----------------------------------------------

And that is from a quick google search nothing more. You asked for something with greater subtance. Besides all I have posted about why it is something to consider, Here you go. I have not seen anything to support your veiw point other than what you think about it and you keep demanding of me more and more "proof" That I keep providing.

Lets Review what we know.

Law Enforcment says they use the Pass/Fail system to reduce liability

We know records can be subpoenad and you must disclose them

While you and I can make unsubstabtiated claims about who we know and what they say, Information on the net would support that calling an officers record into play is normal and it does reduce liability to have a pass/fail system

It would seem that others are indeed in agreement with my concerns on the issue and the solution

These things all support my concerns about this issue and are against the contentions you have made.

This is not a Jab, nor is it meant to be hostil, It is just an open exchange on an imprtant issue facing us and as a matter of fact it is what you asked me to do.
by Rabbi
Tue Mar 14, 2006 9:33 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

txinvestigator wrote:
txinvestigator wrote:Unless you can show me where a successful prosecution was made because someone was a good shot, I just don't care.

There are many other things to worry about in training.

As I already said, if you are justified in using deadly force you are justified. You ability is irrelevent.

As far as Law Enforcement records, it makes it easy to simply record pass/fail.

It is a moot point, but feel free to worry about it if you like.

The continuation of your business is not something to worry about because you already have a full plate?
I didn't write that. You seem to just want to argue the point, so let me be clear; I do not believe that scoring targets and allowing customers to have their target will affect my business, except to make the customers happy.
The justification of deadly force is just that, however you still have to prove it and all things that lead up to that point can be brought into a court of law as you try and prove your justification. It is not a check list, it is a process whereby you and if you so (wisely) choose, your legal council must prove your side of the events.


You dismiss it as a moot point but it can be seen that to most it is not moot but infact a real issue that deserves serious thought and incorporation of some plan of action to the prudent CHL instructor.
Because YOU think it is a concern, then it must be for the "prudent" instructor? :crazy: I don't see where "most" think it is a concern, and I am waiting for proof that it is.
I understand that you have an answer that so far has worked for you. I for one have to be more flexible when it comes to such things and try and listen to all sides, while giving more weight to t people and credentials that would incline them to be of greater knowledge on the subject matter.
And if you feel the need to worry about a silly issue go ahead. And am I to think that YOU are the person with greater knowledge? If not, I would be interested in who is. You offer no evidence that scoring IS an issue.
You could be right on all counts and if so, that would be a good thing to know. I will follow the truth wherever it may take me but the preponderance of evidence would suggest your dismissive solution on this mattter might not be the best course of action to the target audience of this forum and the industry as a whole.
:deadhorse: Evidence you have failed to establish.

Again, you are free to knock yourself out over this. You can keep making sideways insults towards me, but I don't care. I have been in this business a long time, I have had this discussion with MANY people, people I know AND respect, and I don't believe its an issue.

I will watch this thread for any facts or evidence that I am wrong, but I wil not repond to any of your further jabs.
You seem to be taking this all rather personal. Everything I have written has either been a question or offering another way of looking at it and reasons why. I have not called you wrong on anything just stating that the issue could be more important than you think it is and that others look at it as being more important as well. I have in no way meant to take a jab at you and will offer an appology right now if you or anyone else think I have.

My next question is this. Certainly not a jab but are you in business for yourself or do you work for someone else as your previous posts would indicate. Even if you contract out your CHL services you share a level of liability with the Range owner. Perhaps the owner(s) agree with you 100% and again, in an effort to prove that I am not being hostil and you should avoid taking our diologue as personal, you could very well be right. But it is far easier to see an issue exactly how you wish it seen and to be inflexible as to how you will view it when you do not take all the risk involves with those decisions as would be the case if you work for someone else.

All I am saying is it is an issue that deserves examination. I have laid out a myriad of reasons why. If I am right it could help our industry as a whole. If I am wrong, again, I could be, where is the foul? On the other hand if you are wrong, people could be put at great risk and it could have implications for all of us.

There is always more than one way to look at something, sometimes a side is clearly right and one is clearly wrong. Thats doesnt happen much so for the rest of the time when something is less clear, were is the harm in an open exchange?

If I am able to find better suporting evidence than I have already posted then I will. I see what Police deparments are doing and what they tell me this includes the legal opinions of their council. You have spoken for them in a unified voice and told me that their reasons are different than that. So there we stand. All we do know is they are doing it, thus the importance of examining the issue.

On a last note, and again, this thread was also supposed to be about all manner of issues that could help reduce the burden of risk and liability we face in the occupation.
by Rabbi
Tue Mar 14, 2006 5:53 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

ElGato wrote:In the first few months of the CHL we were required to record the proficency on a score card, the score was certified and signed by the instructor, the shooter and a third person. We were to keep that record for five years. That didn't go on too long before the DPS contacted us and told us to destroy those record's.

I would be more afraid of a score being used aganist me in the civil courts rather than the criminal courts.

Tomcat
Interesting, I did not know that and it is supportive to the idea that an issue does exist.

I would also be far more worried about the ramifications in civil courts as well.

Thankyou ElGato
by Rabbi
Tue Mar 14, 2006 5:50 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

txinvestigator wrote:Unless you can show me where a successful prosecution was made because someone was a good shot, I just don't care.

There are many other things to worry about in training.

As I already said, if you are justified in using deadly force you are justified. You ability is irrelevent.

As far as Law Enforcement records, it makes it easy to simply record pass/fail.

It is a moot point, but feel free to worry about it if you like.


The continuation of your business is not something to worry about because you already have a full plate?

The justification of deadly force is just that, however you still have to prove it and all things that lead up to that point can be brought into a court of law as you try and prove your justification. It is not a check list, it is a process whereby you and if you so (wisely) choose, your legal council must prove your side of the events.

How do you know every Law enforcment agencies reasons for why they have gone to a Pass/Fail system? It is very true some could have done it for those reasons and for the sake of full disclosure some that I deal with use that very reason or something along the lines of "That is just the trend". However of the over 20 agencies that use our range officially some of them have a different story. This would be from Patrolman on up to the Chiefs and their legal council. This number would grow much larger if I started to include individuals who patronize us who happen to be LEOs, DAs,(local, state and federal) and DOD end users who offer protective services. The number would increase even more if I were to include others who teach CHL who seem to understand that an issue does exist. Again, it is not a black and white an issue. There seems to be a legetimate concearn on all levels by many people about this issue.

You dismiss it as a moot point but it can be seen that to most it is not moot but infact a real issue that deserves serious thought and incorporation of some plan of action to the prudent CHL instructor.

I understand that you have an answer that so far has worked for you. I for one have to be more flexible when it comes to such things and try and listen to all sides, while giving more weight to t people and credentials that would incline them to be of greater knowledge on the subject matter.

You could be right on all counts and if so, that would be a good thing to know. I will follow the truth wherever it may take me but the preponderance of evidence would suggest your dismissive solution on this mattter might not be the best course of action to the target audience of this forum and the industry as a whole.
by Rabbi
Tue Mar 14, 2006 4:27 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

txinvestigator wrote:
Rabbi wrote:
dws1117 wrote:
They dont get to keep the targets and they are destroyed.
Please forgive my ignorance, but what liability could come from the student keeping thier test target?
I could not cite case law for CHL classes, but it has been a common practice for Lawyers to use arguments based on the scores of police officers involved in shootings. Even some Police Dept. have gone to a strict Pass/Fail system

"WEll Officer, it says you scored a perfect on your last Quals"

"I guess"

"That makes you some kind of marksmen Top 5% of all shooters in you Dept"

"Well, I shoot OK"

"So, why didnt you shoot the gun out of his hand instead of killing him...."

It has happened before.
Unless you can cite me a case where that was effective in court, I don't believe it. I have heard this bull for too many years.

If you are justified in using in Deadly Force, how good a shot you are will not nullify that justification. It is also well documented that shooting is much less accurate in actual Deadly Force encounters than standing static on a range. WELL DOCUMENTED.

If students want their scores I gladly tell them. If they want their targets I gladly allow them to take them.

There is no real need to do otherwise. If you perceive a need, then thats OK for you.
While I dont have Lexus Nexus in front of me to do a good case law study I find 2 problems with your position as I see it.

First of all, Ones ability to shoot under stress is a tangential post-facto issue. While I agree with the truth of your statement it is not the prosecutory issue. It would be the defence issue. The reason one would avoid handing out scores would come out of a deference to Prosecution. The kernal of this line of questioning relates to avoiding situations where Prosecution would have grounds to stand on. What you propose is of an exculpatory nature.

Second, and because I lack case law at this time to back up my beliefs in this issue, I would make this statement:

Police agencies have, in ever greater numbers, been trending to a Pass/Fail only system.

The Question is, What is the genesis of such policies? Are they arbitrary in nature? Do sound legal opinions hold that it could be an issue? Or does there in fact exist Case Law that would make implementation of such policies necessary for the avoidance of generating prosecutory evidence?

Would you consider the practices of Police agencies around the nation as bull? Perhaps they are reacting strongly on the issue but because they are reacting on the issue I for one think it should be of great interest to us and not something we should so easily dismiss.

Again, Your answer involves things of an exculpatory nature. The problem with that is you have something to use after the fact. By following the outline of information I have presented we are trying to arive at a preventative measure.

And for final discusion, The purpose of my thread was not just to outline a policy I, and others as it would seem, have taken, but to open the floor by using an example of how I mitigate liability as a segway to learning from others their thoughts on how they do the same when it comes to the running of their business. A business that does have inherent liability issues that if we work togeather we can manage our risk to ensure a better future for the industry as a whole.
by Rabbi
Tue Mar 14, 2006 1:06 pm
Forum: Instructors' Corner
Topic: Pass/Fail
Replies: 47
Views: 16033

dws1117 wrote:
They dont get to keep the targets and they are destroyed.
Please forgive my ignorance, but what liability could come from the student keeping thier test target?
I could not cite case law for CHL classes, but it has been a common practice for Lawyers to use arguments based on the scores of police officers involved in shootings. Even some Police Dept. have gone to a strict Pass/Fail system

"WEll Officer, it says you scored a perfect on your last Quals"

"I guess"

"That makes you some kind of marksmen Top 5% of all shooters in you Dept"

"Well, I shoot OK"

"So, why didnt you shoot the gun out of his hand instead of killing him...."

It has happened before.

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