Great post, benzuncle and I agree 100%. Self protection is just that. It doesn't matter if you shot someone with factory loads, reloads, or was swinging a sledge hammer. Bottom line is was it justified. Reloads are bar none more consistent, reliable and accurate than any factory load. Fine tuning a reload to a specific firearm just makes sense.
If you look at the forensics you can see how that can happen in any incident involving a firearm. We also have the issue of Harold Fish which one of the merits of the case was that he used 10mm hollowpoints.Maybe if they live on the west coast there is some slight chance of it causing an issue, but almost no place else. First, no trial law precedent exists on the topic. The fear seems to have originated in the imagination of Masaad Ayoob, who warned people not to use reloads for liability reasons. He claimed it had come up in trials where he had testified as an expert witness. But when challenged to provide a trial transcript, a case number, or ruling citation, Ayoob was unable to. After two or three years of being pestered about it, he finally found one case ruled to be homicide disguised as an accident where it might conceivably have been the case that a light target load fooled the forensics people about how close the gun was to the victim's head when it was fired. Pretty weak connection.
Not yet. You probably won't see such a law in the right to carry shall issue States with some form of a castle doctrine or stand your ground law. However expect to see that happen in right to die States. I wouldn't carry handloaded ammunition if I managed to get a NJ CCW or was carrying there legally under LEOSA if I was eligible to do so.An attorney friend of mine believes there are several reasons it will never become part of case law. First, there is no statutory law on the books anywhere in the country outlawing handloads for defensive shooting.
Depends on the DA and the jurisdiction the incident occurred. If I was involved in a self defense in Henderson Nevada that would be much more well received by the general public than in say North Las Vegas.Second, you're not likely to find any elected prosecutor who wants to be seen by the voting public as persecuting people who defended themselves justifiably.
Ah, but the use of handloads is a premeditated act. You made the conscious decision to use handloads for whatever reason. Perhaps to squeeze a couple of hundred more FPS out of the round. The question of why you elected to use handloads and how they compare to factory ammunition will be a factor. You also have the argument why law enforcement agencies do not handload their own duty ammunition.Third, the prosecutors understand that self-defense is an unanticipated event, and they understand you will grab whatever is at hand to do the job. Whether you shot someone with a handload or smashed his head in with a toilet tank lid isn't the issue. The issue is whether the defensive violence was justifiable?
Castle doctrine States are in the minority. Also keep in mind that castle doctrine as an absolute only applies to your home. Stand your ground statutes apply to any act of self defense.Don't shoot anyone you aren't justified in shooting and you will likely be OK with the criminal justice system. Kill people unjustifiably, and you likely won't. An inadvertent false prosecution will happen whether you used handloads or not because it will be based on perceived justifiability and not weapon particulars.
Then there are the civil courts. That's where the victim or his family might come after you for hurting the precious predator. Most states now have castle doctrine laws that specifically make it illegal for the criminal or his family to sue you for injury incurred by the criminal during the commission of a crime. Check your state laws to see if that applies where you are?
It has happened quite a few times where a subject has sued for wrongful death or personal injury for simply slipping and falling while committing a crime. This is why many government buildings in Nevada have night time lighting. Several government agencies have been successfully sued for PI by criminals injuring themselves while committing a crime and won.But even if you don't have that protection, the principle also exits in law that a criminal not be allowed to profit from a crime.
Tell that to Bernie Goetz who has a $43M judgment against him. He was only convicted of possession of a firearm without a NY permit. He had much support for his actions.So, it isn't illegal, no case law exists showing that it has ever caused a liability issue, and the chances are that neither the prosecutor nor a contingency lawyer will want to come after you if the shooting was justified.
As long as you're in a stand your ground State with blanket civil suit immunity for justifiable homicide you're fine. However leave Florida, Indiana or Missouri and you may be in for a rude awakening using those handloads.Alright, I give up. You've convinced me to sell my firearms, my house and my car. I don't want to be sued by someone falling in my yard or getting hit while I'm driving my car! :fie:
LOL! Just kidding. Valid points concerning Bernard Goetz. But I don't give a rat's butt. I'm still reloading my own and because this is America, you can do as you choose also. Your adivice is duly noted.
You make a valid point and most self defense experts agree that it could get you into trouble in court by an over zealous prosecute. The other and in my opinion the main point against hand loads for defense is dependability. No matter how careful you are it's too easy to foul powder or primers and not realize it until it's too late. There are just too many ways reloaded ammo can fail for me to want to trust my life to it. Premium ammo is all good. Doesn't matter what brand, it all will perform like it's supposed to. Pick the one you are comfortable with and it will be right. If you just can't decide, as was suggested, find out what the local LEO carries. You can't go wrong with this way of choosing.leasantry:
GOOD LUCK!!!
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