Able to be sued for use of hollow point?

[pb_beaker]

I have had some friends tell me that you can get sued if you use hollow point or exotic ammo in a defense situation. Does anyone know if that is true? Is there have any info out there about this subject?

 

[brcombs]

This is my take on it. To my knowledge, there is no law against hollow point bullets except in NJ. A clever prosecutor could use the fact that you have hollow points to say that you were planning to use your weapon (ala Dirty Harry). But, you could be in trouble with jacketed rounds if one happened to go through the intended target and strike someone else.
Just some thoughts on the subject.

 

[GRiddle]

I feel like you could turn that argument around - all these ammo manufacturer that market their ammo as "Self Defense" are inciting you to use their ammo! Sue them! :biggrin:

I carry Federal Hydra-Shock in my guns. However, if I feel threatened with my life, the type of ammunition I'm shooting is the last thing on my mind.

 

[britt]

if you use you gun your life is going change you will get sued from the one you shoot or the familey

 

[fuhr52]

In the end it doesn't matter what you use, you can be sued. After all that thug that you had to shoot to protect yourself was just trying to survive. You don't understand his plight. He is in the situation because of the greedy rich and the heartless conservitives.:sarcastic:

 

[Unfettered Might]

if you use you gun your life is going change you will get sued from the one you shoot or the familey

Not always true. My state's self defense statutes specifically protect you from criminal or civil liability if you are justified in the shooting(i.e. it was self defense). You can't even be arrested for suspicion unless the officer can provide convincing proof(i.e. witnesses) on scene that it wasn't self defense. They can't even suspect you were doing anything other than self defense if it happens in your home or car.

Criminals have many reasons to be afraid in Kentucky.

I know that Kentucky does not penalize the use of hollow points unless they are used in a crime.

 

[RenoDude50]

And when you are sued...

Being a retired person, I want to make sure that I STOP my assailant quickly and effectively. Hollow points will help achieve that goal. I know there is a definite possibility that if I kill my assailant, I could be facing a wrongful death claim. As a retired attorney of 35 years of practice, I can also tell you that from a lawsuit perspective, the claim for damages is generally LESS if the assailant died. :fie: Also, as an FYI about hollow point ammo... it was banned under the Hague Convention of 1899 which prohibition is still followed by NATO members to this date.

 

[Midwest Doc]

Anyone can be sued by anyone for any reason

The jury (your peers) decide who will prevail. It can be convincingly explained that a hollow point is appropriate for a crime victim to use who is in fear of his life.

 

[benjammin]

99% of police officers carry hollowpoint ammo, are they eager to kill, or just using the best equipment they can? As stated, NJ does not allow them (for civilians), but every other state does AFAIK. It's the same argument about carrying extra magazines; cops do, so it's prudent for us to, as well. It doesn't mean a cop or myself wants to shoot 25 people at one sitting, we are just being reasonably prepared.

 

[Rocketgeezer]

If a BG is going to do you bad and you reward him for his efforts with a couple of hollow points, who could possably care:fie:

 

[nogods]

Shop around for an umbrella policy that will cover you for civil lawsuits arising from self defense.

The biggest benefit of such a policy is that they cover the cost of legal fees, even for claims against you that have no basis in fact or law.

 

[handgonnetoter]

Not just your ammo choice, but dog gone near everything about CCW we can get sued for by the right lawyer. Remember, their job is to win the case(i.e. money), so they will try to nail your butt on ANY aspect of carrying a gun for self defense.

 

[Glide446]

Here's the biggest problem ( not just with us armed citizens ) in the WHOLE country.... TO MANY Friggin' lawyers !!!

 

[Unfettered Might]

I really feel for you guys that don't have automatic legal protections. It's got to suck to have to second guess yourself when the only thought you need to be having is a clear course of action.

 

[c45man]

If a state has the so called castle doctrine law in effect, chances are the individual involved in a justifiable shooting is excempt from civil proceedings.
Pennsylvania, with their new governor and now a republican controlled House, will hopefully have castle doctrine this year, and one of the provisions is such excemption from civil suit.

 

[S&W645]

.... Also, as an FYI about hollow point ammo... it was banned under the Hague Convention of 1899 which prohibition is still followed by NATO members to this date.

Only for the military. Hollow point is still legal, in most states. Is a Hornady FTX bullet really a hollow point?

 

[ClearSightTactical]

As has been previously stated; (for the duration please assume we're talking about a state without civil/criminal immunity)

Any time you use or sometimes even threaten to use a weapon criminal charges can be filed. Civil complaints for a number of things. Depending on whether of not the "victim" of your gunshot lives you could face things like: Wrongful death, Lost wages, pain and suffering, undue mental distress.

Civil cases are based not like our criminal system which uses the standard of "beyond reasonable doubt", rather the civil system uses "the preponderance of the evidence" or in other words which lawyer can manipulate the triers of the facts better.

Be prepared to lose every penny you have, or will have, and be prepared to be in court for an extended period of time. Even if it were the most righteous shoot of history. All of this sucks, but being dead sucks more.

As Massad Ayoob puts it "You have more power than any politician, president, lawman, or judge to take the life of another based soley on your own summary, review and command, without the possibility of appeal for the person you have essentially sentenced to death. it is a responsibility that must be taken extremely serious.

 

[LGH]

You are going to get sued not matter what you use. People seem to for get that the reason the BG got shot.

 

[Eric Younkin]

Lawsuits are unavoidable. I use ammunition that has great stopping power, but that mushrooms out like a popcorn ball inside of the perp, so as not to exit out the back and into an innocent bystander. I use Remington Golden Sabers. Yes you may get sued, but its always a good day when your on the right side of the dirt. As the old saying says, Id rather be judged by 12 then carried by 6.:biggrin:

 

[Treo]

I have had some friends tell me that you can get sued if you use hollow point or exotic ammo in a defense situation. Does anyone know if that is true? Is there have any info out there about this subject?

Ask your "friends" to cite their sources