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I think I'm going to term this the Daniel Bennett Competition… there will be no award, though… for Most Misdirected Litigation Involving a Firearm.

The unfortunate Mr. Bennett, it may be recalled, was the proprietor of an strip mall pizzeria in Tuscon who a decade ago obtained a new Model 23 Glock (because of its reputation), went to the range, put part of a box of American Eagle 180-grain SWCs through it, went back to his store, loaded ten (10) rounds into the (pre-ban) magazine, and placed it in Condition Three beneath the counter.

The following year, when a couple of murderous goops barged in and started waving guns around and making demands, Mr. Bennett went into action. He actually got one (unsuccessful) shot off before the bad guys shot the bejabbers out of him as he strugged valiantly to clear the malfunction and get back into action. He couldn't and they fled the scene.

They are both now on Arizona's Death Row for a prior nearby triple homicide under similar circumstances, and Mr. Bennett survived, with certain disabilities, to sue the manufacturer for failure to advise in the pistol's manual that a certain level of training was required. His first litigation was, not surprisingly, unsuccessful, but then the appellate process afforded him a second shot, so to speak, and I'm not sure where that action now resides, although our good Doctor sent me a link to some part of it not long ago.

Comes now one Jeffrey Holland (thank you, Welder Walt), an Omaha MOS who engaged a pair of bank robbers and is now suing our friends in Smyrna because his pistol malfunctioned after taking a round from one of the goops… Officer Holland somehow equated "Glock Perfection" with the guns being virtually indestructable…
Holland claims his gun was disabled after it was hit by a bullet during the March 2000 incident at a branch of the Great Western Bank. He claims he wouldn't have been shot the second and third times had his gun worked properly. A bullet struck just below his heart.
O, well, read it for yourselves: Former Omaha police officer sues gun manufacturer for malfunction.

Kudos to both Mr. Bennett and Officer Holland for, as Patty Rogers says, "staying in the fight."

Bronx cheers, however, for their extraordinarily misguided litigations.

I cannot but help observe that a lotta people out there who probably should know better, have read far too much into the "Glock Perfection" campaign.

And it must be noted that most of my information about the awful Bennett event came directly from Mr. Bennett himself who attempted to enlist me to his cause back in the early days of our grand ol' Prodigy SS BB.
 

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If he had carried a backup gun it might have turned out better for him.
 

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IIRC, back in the late 80s in the LA area there was a shootout where the bad guy's bullet actually lodged in the barrel of the good guy's gun! Wonder if he sued anybody for anything? ;)
 

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Discussion Starter · #7 ·
Travis said:
If he had carried a backup gun it might have turned out better for him.
Eg-zactly what Patty Rogers, known to several here, noted:
Sounds like he did a real good job in the bank.

I don't necessarily agree with the suit, but after all, Glock's are "virtually indestructible," no??

Maybe they will have to stop saying that they are "perfection" now...

A 2" .38 would have made life easier for him...(as a back up)
 

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You know, Officer Holland, virtually indestructible is not indestructible.

This would be a lot more interesting lawsuit if his Glock failed because it kBed.

Given the frequency with which the hands and arms are struck in gunfights, it shouldn't be a shock to anyone that this is a possibility. It's not like this was the first time a gun has been hit in a gunfight. I seem to recall a report that S/A Dove's weapon had been hit, although I don't think it had any effect, as I'm pretty sure his weapon had been shot dry.
 

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Real guns often are...

Tim's point is important though because the eye looks at the threat and generally we shoot where we're looking.

I'm familiar with a case where a holdup alarm was received from a convenience store. An officer was within a block. He entered the store with his shotgun ready and the clerk pointed toward the back of the store. The officer found the suspect hiding behind some shelves and he rather foolishly pointed small .38 caliber revolver at the police officer.

One round of OO buckshot at 10-15' rendered both gun and suspect inoperative.

Later examination revealed that several pellets had struck the revolver and the inertia had actually pulled several of the bullets forward enough so the cylinder would not rotate.

The officer is reported to have said, "that was the biggest gun I've ever seen". Guess what he shot at.
 

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Discussion Starter · #11 ·
CeePee said:
The officer is reported to have said, "that was the biggest gun I've ever seen". Guess what he shot at.
Jus' so…

Got a chum on the county job here who back in '81 responded to a robbery-in-progress call, and wound up interdicting the apparent suspect behind the building. He pulled his RMP up and exited, saying "Excuse me, sir, could I speak to you a second."

The demeanor of the subject immediately changed, and he snarled "You'll have to kill me!" as he started to withdraw from the paper-bag his was carrying, what P.O. Koenig (I think CeePee's met him at a SHOT or two) later described as "the biggest freakin' revolver I've ever seen!"

John immediately went into action, trying to get his own service S&W into action while disentangling himself from the radio "mike" attached to his uniform shirt (which in effect was tethering him to the RMP and severely limiting his mobility)… he ultimately did effect a make-shift shooting stance and got four rounds off (4 X 2), as it was taking the hostile so long to get that long-barreled beast out of the bag! Gawd, but it was h-u-g-e!

The gun recovered from the decedent was a two-inch D-frame.

Although I did not meet John for some years after that, I remember the event quite well, for another chum, the late Lou Grasso, a journalist I'd worked with 30-some years ago, was passing and took a memorable shooting scene photo which appeared in the next edition of his weekly newspaper.

The robbed store was in a small commercial complex in Shirley, NY, in which was housed a duplex movie house… there on the lawn alongside the William Floyd Parkway was a body discreetly covered with a sheet, and slightly in the background, but appearing to loom over the recently deceased, was the marquee of the Shirley Twin which just happened to be showing:

Omen III: The Final Conflict and James Caan in Thief

After I broke into the gunzines, I tried for several years to get Lou to dig out that negative, but he had no idea where it was since his fling system was at best haphazard… he never knew that he had a very valuable wire service photo there, if not a Pulitzer Prize-winner!

The only known copy of that is a framed yellowing page on the wall of P.O. Keonig's den… and the survivor of that event still insists that "it was the biggest revolver I've ever seen."
 

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My first NTI I was sitting facing a door about 4 feet away, when 2 BGs came through, one on each side, guns drawn. One of them stuck a J-frame 38 in my face.
I managed to sprint out of the kill zone a bit later. My debrief follows:
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Q: Tell me about the robbers.
A: There were 2 of them, 1 male, 1 female.
Q: Can you describe them?
A: They were white.
Q: What were their hair colors?
A: I don't know.
Q: What were they wearing?
A: I don't know.
Q: Were they armed?
A: Yes, they both had guns.
Q: Can you describe the guns?
A: I didn't get a good look at the male's gun, but the female had a silver revolver.
Q: What caliber?
A: I don't know... it was HUGE.
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It looked like I could have crawled into the barrel.
If I had any doubt about the effects of tunnel vision or tachypsychia, they were gone after I finished that FoF exercise.
 

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Cosby line from the good old days

Tim Burke said:
Q: What caliber?
A: I don't know... it was HUGE.
It looked like I could have crawled into the barrel.
Was it "I Spy" where this incident occurred?

Cosby had been on the wrong end of a .45 in a previous scene.

Someone who knew something about close encounters wrote this comment for him:

"I knew the hole in end of a 45 was big, but I didn't know you could stick your HEAD into it."
 

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"You aren't supposed to shoot a persons gun!!! Do you how much these things cost? GOD THAT REALLY PISSES ME OFF!"
Robin Williams to Jerry Reed
 
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