This is the second published bear killing case in less than a year.
In United States v. Charette, --- F.3d ---, No. 17-30059 (9th Cir. 2016), the Court vacated the defendant's misdo conviction for killing "a protected grizzly bear (Ursus arctos horribilis) that was harassing his horses in a pasture behind his rural home near Ronan, Montana."
Among other things, the Court held defendants have the burden of proving a valid permit as an affirmative defense.
But because the district court erred in applying an “objectively reasonable” standard rather than a subjective belief standard to the defendant’s self-defense evidence, the Court reversed.
