Handgun grips used against you in court?

[S&WM&P40]

People ask all the time about their choice of ammo being used against them in court. I want to know if your choice in hand gun grips has ever been used? Now that I have 1911 fever and have my first 1911 on it's way. Does putting a grim reaper grip,Punisher grip etc... Put you at risk of being painted as a thug in court?

 

[FloridaBlue]

Doesn't sound logical or likely to me just in the thought that they could say the same about someones clothes, shoes, hairstyle and any other way they choose to express themselves. Just my two cents tho.

 

[tattedupboy]

Honestly, I see it as a travesty that an unscrupulous prosecutor could turn an otherwise cut and dry self defense case into an opportunity to villify someone based on their choice of caliber, magazine capacity, or grip design. The way I see it, if you carry what you're best at shooting (regardless of caliber), stay away from high crime areas (so as not to give the impression that you're out looking for trouble), and use your weapon only as a last resort, then no jury should have a reason to convict you. But unfortunately, prosecutors, many whom are seeking election and don't want to appear soft on crime, use cases like these to paint anyone who carries as a "gun nut" who deserves to go to prison.

 

[dcmarky]

I worry about plaintiffs' attorneys in the civil suit in the aftermath.Why do anything that would attract the attention of people who can't get out of jury duty. Don't use handloads, overly slickened triggers,etc. or anything that makes you look 'Bloodthirsty'. Do use ammo like local law enforcement does. There are plenty of articles and books by legal advisers that will explain all this and more.

 

[S&WM&P40]

I worry about plaintiffs' attorneys in the civil suit in the aftermath.Why do anything that would attract the attention of people who can't get out of jury duty. Don't use handloads, overly slickened triggers,etc. or anything that makes you look 'Bloodthirsty'.

Do use ammo like local law enforcement does.

There are plenty of articles and books by legal advisers that will explain all this and more.

What does that mean? Are you trying to say don't use the same ammo as your local/state police departments? If so why not? I carry the same ammo and see no problem in doing so.

 

[Purple]

Doesn't matter what gun, grip or ammo you have, the plaintiffs attorney will have a field day with you and drag you over the coals. Don't worry about what might happen in a suit, worry about making the right choices when deciding to use lethal force and make certain that when that choice is made, you shoot at center mass - double tap or triple tap - you don't want your threat to turn into a witness against you.

 

[Beau]

Doesn't matter what gun, grip or ammo you have, the plaintiffs attorney will have a field day with you and drag you over the coals. Don't worry about what might happen in a suit, worry about making the right choices when deciding to use lethal force and make certain that when that choice is made, you shoot at center mass - double tap or triple tap - you don't want your threat to turn into a witness against you.

^This. The prosecutor will try and find anything they can to make you look like a criminal or someone who was just looking for someone to kill. So to answer your question; yes they would try and use your grips against you. They would also try and use your night sights, extended mag release, participation in shooting sports.............you get the idea.

 

[harveydent]

you should get grips with puppies on them

 

[FN1910]

Questions like this are being constantly asked about can such-and-such be used against you in court. The answer is YES and WILL be no matter what it is. It is bit an unscrupulous DA that will use it but every DA and it will be up to the jury to determine if it has any bearing. There is no law or proceedure that allows or denies such things to be brought up but everything about you can be from what type of gun you used to how you were dressed and the type of language you used. That is why a lawyer will tell you that when you show up for trial have a conservative suit on, your hair cut and your beard trimmed.

Just like when they read you your Miranda rights "Anything you say can and WILL be used against you", eveything about you "CAN and WILL be used against you" incuding what you had for breakfast and whether you went to the bathroom once or twice that day. leasantry:

 

[JSDinTexas]

Alive in Court, Dead in the Ground

First, I carry a stock .40 Glock, the same as a million LEOs, with the same ammo they commonly use. So I am not concerned with anyone portraying me as a mad, death-loving, cannon-equipped, killer.
Second, I would rather be alive in court with whatever problems, than dead in the ground, which is a problem.

 

[The Realist]

Plaintiffs attorneys be damned in South Dakota, if you are deemed to be justified in shooting the perp the only thing the family will hear from the judge in a civil case is "case dismissed, pay the defendants legal bills".

 

[crappiekiller2]

Plaintiffs attorneys be damned in South Dakota, if you are deemed to be justified in shooting the perp the only thing the family will hear from the judge in a civil case is "case dismissed, pay the defendants legal bills".

It should be this way in EVERY state.

 

[RJT CCW]

What does that mean? Are you trying to say don't use the same ammo as your local/state police departments? If so why not? I carry the same ammo and see no problem in doing so.

I believe the poster was saying to not do any changes to your equipment that would paint you in a bad light.

But yes, to use the same ammo as law enforcement.

 

[Doc Mustang]

I cannot forsee good things coming out of having grips that suggest death or other motifs that may indicate any sort of fascination with using a gun to kill. We all know that this is a possibility but REVELING in that possibility is another thing entirely. Same thing for walking around in a t-shirt that says "Guns Don't Kill People I KILL PEOPLE" or other such nonsense.

 

[SC Tiger]

When I got my CWP (in South Carolina), the instructor told us that if we have to use deadly force we will be sued by someone. Using the same ammo as law enforcement is easily defensible (remember the quote "I figured that it was good if the police use it.") The same thing for items like Crimson Trace grips ("I got them because the ad said that if someone attacked me and saw the laser they might run and I would not have to shoot them.") However, something like grips with a grim reaper or a skull and crossbones on them could be used against you in a civil suit. Like it or not that's the reality of the situation. They certainly wouldn't guarantee that you would lose the suit but they wouldn't help at all.

That said, if you put something like the crest to your old (or current) military unit, an American flag, your favorite football team or something like that you would probably be fine.

 

[CapGun]

When I got my CWP (in South Carolina), the instructor told us that if we have to use deadly force we will be sued by someone. Using the same ammo as law enforcement is easily defensible (remember the quote "I figured that it was good if the police use it.") The same thing for items like Crimson Trace grips ("I got them because the ad said that if someone attacked me and saw the laser they might run and I would not have to shoot them.") However, something like grips with a grim reaper or a skull and crossbones on them could be used against you in a civil suit. Like it or not that's the reality of the situation. They certainly wouldn't guarantee that you would lose the suit but they wouldn't help at all.

That said, if you put something like the crest to your old (or current) military unit, an American flag, your favorite football team or something like that you would probably be fine.

Well said and to the exact important point.
It's the same thing about drinking and carrying. Some think that one drink is OK. Do you want the witness that saw you last before you had to defend yourself walking to your car be the waitress or waiter that brought you the drink?

 

[Bighouse Doc]

Enough silly, theoretical speculation.

Any hard facts such as actual cases?

-Doc

 

[tattedupboy]

Enough silly, theoretical speculation.

Any hard facts such as actual cases?

-Doc

No actual cases or hard facts, but the idea here is to maximize the possibility of a jury ruling in favor of the law abiding citizen who acted in self defense. And lawyers and prosecutors, as we all know, will do ANYTHING to win, period.

 

[S&W645]

No actual cases or hard facts, but the idea here is to maximize the possibility of a jury ruling in favor of the law abiding citizen who acted in self defense. And lawyers and prosecutors, as we all know, will do ANYTHING to win, period.

Even to the point of witholding facts in the case. Ask Senator Ted Stevens' family.

DA: Why do you have a custom gun? Is it because you planned to use it someday and the victim was the first person you got to use it on?
You: No,I.... DA: So you've used it before on someone? No further questions.
Your Atrorney: Objection!
And the damage is already done with the jury unless the jurors understand trial by ambush.

 

[father-of-three]

Plaintiffs attorneys be damned in South Dakota, if you are deemed to be justified in shooting the perp the only thing the family will hear from the judge in a civil case is "case dismissed, pay the defendants legal bills".

Yes, You gotta love that strong "Stand your ground" up in the Dakotas! I was trying to get a nonresident permit from North Dakota before they changed their law, so I was reading up on their laws, which are way better than they are in my home state of Pennsylvania.
I am jealous, but if all goes well, that will change for Pennsylvania this year.


Depending on the state, attorneys can and will use anything they can against you. Expect exaggerations and demonization. The Miranda statement, as stated on this thread, pretty much sums it up.