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WY: Fisherman uses Pistol to Defend Against Grizzly in Park
Gun Watch ^ | 19 November, 2017 | Dean Weingarten

Posted on 12/05/2017 5:06:04 AM PST by marktwain




On August 25, 2015, a 27 year old man was fishing in the Snake River about 3/4 of a mile downstream from the Jackson Lake Dam, in the Grand Teton National Park. 

He heard a noise and turned to see three grizzly bears approaching him from behind, a sow and two cubs. The fisherman was carrying a pistol and bear spray. The sow stood on its hind legs. He fired a shot into the ground near the bear. The three bears then left the area.

The angler said that the bear spray could not be used in the incident.

This appears to be an effective use of a pistol to deter bears, much in the same way the bear spray is credited with being an effective use when the bear has not injured a person. From jhnewsandguide.com: 2015
On Aug. 25 a Snake River fisherman in Grand Teton National Park scared off a grizzly by firing his handgun. The grizzly, which had two cubs, stood on its hind legs but did not charge before the Star Valley resident discharged his weapon, aiming toward the ground.
“The fisherman was issued a mandatory appearance citation for discharging a firearm within a national park,” a Grand Teton park statement said. “Initial reports indicate that the fisherman had bear spray but was unable to use it.”

The fisherman was from Star Valley. He reported the incident to park officials, and was issued a mandatory court appearance citation for his trouble. Carrying and possessing loaded guns is legal in the park. Using them is not, except in particular circumstances. Using them for self defense is legal.  What constitutes self defense is decided in court. Here is the code from CFR 26 § 2.4. From cornell.edu:

§ 2.4 Weapons, traps and nets.

(a) None of the provisions in this section or any regulation in this chapter may be enforced to prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park System unit if: 
(1) The individual is not otherwise prohibited by law from possessing the firearm; and

(2) The possession of the firearm is in compliance with the law of the State in which the National Park System unit is located.
(b)
(1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited:
(i) Possessing a weapon, trap or net

(ii) Carrying a weapon, trap or net

(iii) Using a weapon, trap or net
The violation, as far as I can determine, is for (b) (1) (iii), Using a weapon, trap, or net.  From chapter 36, Penalties shall be a fine or imprisonment up to six months.

In  2014, the U.S. Attorney's office for Glacier National Park dismissed all charges against Brian D. Murphy in another grizzly bear self defense case. In that case, Murphy shot the bear with a .357 revolver after his bear spray failed to stop the bear's charge.

The Missoulian reported that the penalty for discharging a firearm in the park was $500.

I searched a year of sentencing records from the Yellowstone Justice Center, at Mammoth Hot Springs, Wyoming for any record of the case. I was unable to find any report the fit the grizzly/ fisherman pistol discharge event. Perhaps it was dismissed as well. A case that was dismissed would not show on the database.

No name was given for the pistol and bear spray packing fisherman.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TOPICS: Government; Outdoors; Pets/Animals; Society
KEYWORDS: banglist; grizzly; pistol; yellowstone
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To: Professional
He’s required to appear and explain the circumstances for firing a gun in a National Park? Ok, that doesn’t sound completely unreasonable.

How in the world is it reasonable to prohibit discharging a firearm in the wilderness?

21 posted on 12/05/2017 12:05:27 PM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: neverevergiveup

You know the joke about how they can tell it was a grizzly that got you?

There are bells in the bear poop.


22 posted on 12/05/2017 12:14:24 PM PST by Vermont Lt (Burn. It. Down.)
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To: MileHi

It is a National Park, and if you do discharge a weapon, you have to explain yourself. Sounds actually reasonable to me. When folks are in a national park, I don’t think they want to deal with people shooting up the place like other forests.

My local forests, where there is shooting? Total bs, the shooters never clean up their mess nor do they typically follow the simple rules.... like not shooting at or across hiking and motorcycle trails.

I’m a huge advocate of the 2nd amendment, but the shooting people have a ton of morons and goons in their ranks.


23 posted on 12/05/2017 12:53:50 PM PST by Professional
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To: Cen-Tejas
I took a trip to Yellowstone a few years back. Stopped when I saw a big crowd. Got out to look around.

Some hundred or so yard away, I think that is the closest you are supposed to come to a grizzly or bison in Yellowstone, there was a creek. On the other side of the creek, maybe 20 feet, there was a grizzly rooting around in the bushes.

Right up at the creek there were maybe 3 dozen tourists crowded together and snapping pictures, just like the bear couldn't be across that creek and among them in a second and a half.

I've heard that the bear won't bother you, if you don't bother it. But it's the bear that decides when he's bothered.

These people vote, too, which scares me more than a bear would.

24 posted on 12/05/2017 1:08:46 PM PST by chesley (What is life but a long dialog with imbeciles? - Pierre Ryckmans)
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To: chesley

Great points!

Particularly your voting analogy!


25 posted on 12/05/2017 1:26:47 PM PST by Cen-Tejas
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To: minnesota_bound

.......this year, I bought a new boat with a very sturdy cabin on it. It would not STOP a determined GRIZ but it would sure give me some warning and slow him down. Better to waking up to a kiss from a Grizzly. I’ve heard their breath is awful also.


26 posted on 12/05/2017 1:29:10 PM PST by Cen-Tejas
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To: Professional
When folks are in a national park, I don’t think they want to deal with people shooting up the place like other forests.

Great. No hunting or target shooting covers that. Not that I agree there should be no hunting.

My local forests, where there is shooting? Total bs, the shooters never clean up their mess nor do they typically follow the simple rules.... like not shooting at or across hiking and motorcycle trails.

Shame. I shoot in the forest all the time, it's five minutes from my house. I don't see much of any of that. mostly clay pigeons and the occasional shot up beer cans. We pick those up as we can. Occasional dork, but really not a problem. I do admit to leaving my 100 yd target stand out there. But it's wood. I haul my bench back and forth.

27 posted on 12/05/2017 4:02:27 PM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Cen-Tejas

A bears breath smells of pepper spray from other hikers and hunters : )


28 posted on 12/05/2017 9:13:32 PM PST by minnesota_bound
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To: neverevergiveup
How close does the bear have to be?

The stuff I carry, about 30 feet. At which point you can count the pointy teeth. And yes, I have seen Griz in the wild.

It's a judgment call. If Mr. Bear is only following, curious or actually stalking, then a ground spray in front of him or her is pretty effective, which is what all these "studies" are reporting. However, if the bear has committed to an attack profile, forget it. They'll charge right through that mist and you won't like what happens next. What the rangers carry is shotguns loaded with slugs. I'm taking that as good advice.

29 posted on 12/05/2017 9:24:48 PM PST by Billthedrill
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To: Billthedrill

I just bring with me a sociology major from a local university to negotiate with the bear, and it’s always good - leading to a treaty signing and a deescalation of violence..


30 posted on 12/05/2017 9:29:17 PM PST by neverevergiveup
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To: minnesota_bound

LOL, .................not where I encounter them on the Yukon River. Most of the time theres not another human being around for 50 to 100 miles depending on where you are.


31 posted on 12/06/2017 10:13:35 AM PST by Cen-Tejas
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To: neverevergiveup

With the right shot placement a grizzly can be killed with a .22.


32 posted on 12/06/2017 11:36:39 AM PST by Rebelbase (The urge to save humanity is almost always only a false-face for the urge to rule it.-- H.L. Mencken)
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To: Vermont Lt

Golly gee, I’ve never heard that one before.


33 posted on 12/06/2017 11:40:20 AM PST by Rebelbase (The urge to save humanity is almost always only a false-face for the urge to rule it.-- H.L. Mencken)
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To: Rebelbase

Yes..but it makes me smile every time.


34 posted on 12/06/2017 1:20:28 PM PST by Vermont Lt (Burn. It. Down.)
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