As a ccw instructor, i have extensively researched this matter, and on the advice of three different attorney, one first hand, two second hand, I don't care a fig about reloads or storebought. What is the difference in a reload and factory ammo? Deadly force is deadly force, and nothing will ever change that.
In a perfect legal setting yes. However our judicial system is far from perfect.
If every case that goes to court depends on the type of ammo that is used in a shooting, why are we not prohibited from using any cartridge.
There is the case of
Harold Fish in AZ where his use of 10mm hollowpoint ammunition was a factor in his conviction. Granted at the time justifiable homicide was napoleonic justice. The shooter had the burden of proof. Now it's the other way around, the prosecution does in AZ. His case is on appeal to be tried under the new statute for justifiable homicide. There was much suppressed evidence on the merits of the incident.
In North Carolina, the law does not state what may or may not be carried, other than it must be designed to be held and fired with one hand, and have a "short stock" .Sawed off shot guns and full auto are prohibited, as well as (presumably) legal suppressors. Pretty big ball field. It is very easy to get off in the weeds on ammo, when the important thing is, never even pull the thing unless deadly force is justified, and a reasonable person(or twelve) would agree with you.
I personally carry a .44 magnum, loaded with either Hornady XTP 180 grain, max loads, or a Lee 310 grain flat point. Both are handloads. I don't lose any sleep worrying about the lawsuits, etc. I just want to make sure that if a situation arises where i have to use deadly force, I am completely justified.
Let me get this straight, you're in NC which has no civil suit immunity and you don't care about the legal powder keg you're playing with by using reloads not to mention that the NC DOJ attorney that teaches or did teach NC CCW instructors strongly advises against use of reloads for liablity reasons? This is also the same NC attorney who defends NC LEOs in justifiable homicide cases.
Here's the
text book case on not using reloads. Granted it was a suicide in NJ, but the same reasoning can be used to keep you from getting convicted of manslaughter or homicide. It may also keep you from losing the farm in a civil suit.
You don't want to use reloads because of the simple fact the there's a question of whether or not the evidence (your reloaded ammo) can be reproduced in an objective manner by the investigating LE agency, coroner, prosecution and your defense. If you use reloads, you remove the objectivity factor of the ammunition you use. If you use factory ammo, it's a simple matter of the LE agency contacting the manufacturer or ordering exactly what you used. Also if you factory ammunition chances are there will be more of it at the scene of the incident as it's sold in lots of 20, 25 or 50. For some of the economic personal protection ammunition such as UMC and USA, it's available in 100 and 250 lots. Chances are there will be plenty of factory ammunition from the same production lot available for testing and recreating the incident in a crime lab. That works to your advantage. Since you'd be under indictment for homicide, they're not going to let you attempt to re engineer your handloaded round.
The merits of the case can be the difference between whether or not the grand jury returns "no bill" in a grand jury case or if you're even prosecuted at all.
Part of the merits of the incident are public perception prior to jury selection. I don't care how impartial the jury is supposed to be. They will get wind of the incident and the auxiliary branch of the judicial system called the media will slant the case to get more people to tune in or sell papers.
I too have a .44 magnum. However I would keep it loaded with .44 special and not .44 magnum unless it was in an area where larger dangerous game was an issue such as bear, boar, mountain lions, etc. The reason being is this, note the suggested use of Winchester Silvertips in
.44 special, personal protection vs.
.44 magnum, hunting. A good ambulance or hearse chaser will make an issue of that simple distinction that may get a criminal or civil judgment levied against you.
The NC castle doctrine was defeated which doesn't surprise me with lawyers like John Edwards, who is the Johnnie Cochran of civil litigation, running your State, I would not leave anything to chance with lethal force, personal injury and wrongful death in your State which I have coined the sue me State.
If I was in a State that had blanket civil suit immunity then I wouldn't be as cautious about ammunition choice. However the stand your ground States with blanket civil suit immunity are the exception rather than the norm presently.
