There was a shooting in my home town in Pennsylvania. A man walks out of a bar after shooting pool. Another man follows him outside yelling slurs at him. After the man tries to leave, the other individual stands in front of his truck. The first man then gets out of his truck, pulls out a 25 auto and shoots into the ground. The man comes at him yelling shoot me, so he does, right in the stomach. Sounds like self defense?
The D.A. charges him with attempted murder. I would love to be called for that jury:angry:
Self defense is not a crime of violence, is it?
Some "liberals" have argued against hollow points, as they are intentionally to provide more killing power, so therefore you must intend to be kill theml. Like you are supposed to only wound them, ya know ? I think if you shoot someone with a gun, you are not trying to wound .. but stop them from killing you and whatever goes along with that. Period.
He must be of that ilk.... and an idiot.
So, I had an interesting conversation with a local district magistrate. He informed me that if I were to use my .40 cal Taurus for self defense (which is what it is for), with a full magazine of federal HydraShocks, I could be charged with manslaughter?
Does it matter how many rounds are in your self defense carry gun? Does it matter what type of ammunition it is? I am confused by the whole deal. Is he just telling me something so he can hear himself talk or what? I have never found any type of written rules to govern such a statement.
Anyone help me out? I am just trying to find the truth. Has anyone ever even heard of soemthing like this?
Also what are the rules for a properly permitted concealed carry weapon? are they to be unloaded when carried or is it ok to have a concealed carry cocked and locked?
Thanks for any input.
Jordie
from what i've read and gathered, your best bet is to carry what your local law enforcement carries, whether that be sherrif, local pd, or state pd. They usually carry different ammo, so find which one works best for you and carry that. It's just another "precaution" you can take in an effort to eliminate BS claims by the prosecutor should you ever be in the unfortunate situation that requires you to use your gun. It's really hard for a lawyer to even attempt the "crazy super killer bullet" angle when he'd be lumping your local law enforcement in the same bunch...my .02
Depends on the state.
Let me use Washington state as one example of where the judge the OP quoted is absolutely correct.
In Washington state, homicide is a crime. If you shoot someone dead, you have just committed homicide. State law provides an exemption to the penalty of that crime when it has been shown that it was justified.
If it is not 100% obvious to the DA that it was justifiable, you may very well be charged with homicide or even murder, as the bar incident mentioned a few posts up shows us. At that point a judge might toss out the charges if it is clear enough to the judge that it was justifiable. If he doesn't think it's clear enough, he's going to let a jury decide.
MOST of the DA's out there look at the situation and not so much at the tools used. There are some that will be clueless and assume "scary/macho named bullet" shows prior intent to kill. Others will say to themselves, "I can get another conviction for my scorecard if I play this just right. I'll be running for mayor soon if I can keep this pace up."
The problem isn't necessarily the judge, but the DA in your area.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?