Spoke to a Judge... What is he talking about?


Look at it this way...any time you shoot someone in self-defense and he dies you wil probably be charged with something. That does not mean you are going to get convicted. Just a way for the courts to find out all the details of the event.
 

My carry weapon is a .40 cal loaded with 180 gr Winchester Bonded PDX-1, which is the duty ammo for the FBI. A local prosecuter told me if it is issued by a law enforcement dpeartment for their protection, it is a good ammo for personal protection.
 
Look at it this way...any time you shoot someone in self-defense and he dies you wil probably be charged with something. That does not mean you are going to get convicted. Just a way for the courts to find out all the details of the event.

I agree with this statement.

In addition, if you are using "specialty rounds" it is something for the prosecutor to go off of when he tries to paint the picture of us being a vigilante. "the law is seldom logical, but always legal."

Most officers that I know use plain ole hollow-points for this reason.
 
Look at it this way...any time you shoot someone in self-defense and he dies you wil probably be charged with something. That does not mean you are going to get convicted. Just a way for the courts to find out all the details of the event.

Where the HELL did you get this idea? They have to be able to show cause to believe that you were guilty of a crime. Discovery comes BEFORE charges are filed-- NOT after!
It's the police and prosecutor's job to decide if they have enough evidence to make an arrest press charges-- NOT the court's; by that time, it's too late. They can't charge you based on a mere suspicion, they need PROOF.

Once they charge you, then unless they can show that they have proof, you can sue for malicious prosecution.
Chances are, you won't even be arrested.

And if it's obvious that you were attacked with deadly force (or had due cause to use it), then there's no way they can make a charge stick, and so they have no cause arrest OR prosecute you.

You ONLY need to show that you had reasonable cause to fear for your life or safety-- that's all. And if you're in your house at night, you don't even need to show that.
 
I agree with this statement.

In addition, if you are using "specialty rounds" it is something for the prosecutor to go off of when he tries to paint the picture of us being a vigilante. "the law is seldom logical, but always legal."

Most officers that I know use plain ole hollow-points for this reason.

Again, if you can reasonably show that you were in fear for your life or safety, then there is NO WAY they can charge you. Like if you shot an armed person who had a history of armed robbery, they're not going to make him a choir-boy who was trying to sell you a knife.
They have to prove that YOU were guilty, not the other way around.
 
Again, if they have a record of violent criminal behavior, then you probably won't be charged, unless there's evidence to show otherwise.

It depends on the state, and the situation. The OP's judge saying that someone might be charged with a crime is not all that unexpected. It was a reasonable observation based on experience. That experience applies to that state and that situation. No more, no less.
 
So, I had an interesting conversation with a local district magistrate. (snip)

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. (snip)

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

Your profile has you living in Pennsylvania. In PA, there really is only one statewide gun law, and that is the PA Uniform Firearms Act. (Link Removed)

The state makes the gun laws, and no other political body can make/change/add any laws regarding guns without state approval and a change in the Act. (section 6120 (a))

As it stands, there are no prohibited bullets that you can carry, provided you are not engaged in a crime of violence, as per section 6121 of the Act.

As for the question regarding proper concealment, it means exactly that. Conceal the gun in any way and it is considered concealed and you need a permit (License to Carry Firearms in PA). Open carry is perfectly legal in PA, so if you "accidentally" show your concealed gun with it still in a holster or whatever, you're covered. Also, they do not have to be unloaded. I'm a PA resident, and I carry mine fully loaded with JHPs. (someone posted that JHPs are illegal in Philly which is not true - see section 6120 (a) of the Act)

All in all, don't rely on the word of cops, judges, politicians, etc. on this regard. Do your own research and know the law so that if you are ever approached by any form of law, you already know you're legal. Read through the PA UFA at the link above and get to know the parts which affect you (license, places off limits, etc.)
 
If that were true, no one would need gun-permits, since no jury would convict an innocent person for carrying WITHOUT one. Believe it or not, however a jury wil often convict you for doing ANYTHING that the cops are permitted to do; they see the cops as the "guardians of justice," the "good guys" etc who "know what they're doing, etc; meanwhile they'll consider you to be just a plebian idiot who shouldn't even HAVE a gun. So they judge by a double-standard.

First rule of law: it doesn't HAVE to make sense; the jails are FILLED with people who were locked up for NO good reason. A simple trip to traffic-court should clear up any such illusions.

Sorry, but I honestly see no logic in your response. The topic was regarding bullets carried. I wasn't suggesting go out and pretend to be a police officer and do everything they do. Carrying the same loads as your local law enforcement is just a step an individual can take to avoid the bullet angle of a prosecuter should you ever discharge your weapon.
 
Where the HELL did you get this idea? They have to be able to show cause to believe that you were guilty of a crime. Discovery comes BEFORE charges are filed-- NOT after!
It's the police and prosecutor's job to decide if they have enough evidence to make an arrest press charges-- NOT the court's; by that time, it's too late. They can't charge you based on a mere suspicion, they need PROOF.

Once they charge you, then unless they can show that they have proof, you can sue for malicious prosecution.
Chances are, you won't even be arrested.

And if it's obvious that you were attacked with deadly force (or had due cause to use it), then there's no way they can make a charge stick, and so they have no cause arrest OR prosecute you.

You ONLY need to show that you had reasonable cause to fear for your life or safety-- that's all. And if you're in your house at night, you don't even need to show that.

Wow, I want to exist in the same world you do, because you seem to have half information about everything and real world experience on nothing. Do some reading on actual self defense situations, tell those people that the world works as you describe. As far as defending your home, not true either unless you state has a castle doctrine and/or stand your ground law(s). People come here for information and when you assertively make the claims you're making people may use that information to formulate their plans. Half truths and false information are often times more damaging than no information.
 
<<< "There is an urban legend that a jury will convict a self-defense shooter based upon the "lethality" of the ammo used and whether or not that ammo was handloaded." >>>

NO, NO, NO! You do not want to use handloaded ammo. You also must consider the civil case even if you are not charged criminally. The dirt bag lawerer wiil portray you of making "killer" bullets in you basement or shop. It is ridiculous I know but it is REALITY! There have been several cases where handloads had resulted in nightmnarish situations for users in self-defense. It is late and it is time for me to hit the sack so I don't have time to find the links, but I think Massood Ayyoob had an article or two on this. There was also other problems having to do with ballistic evidence that turned out badly for the user.

I lied, I felt this so important I did take the time to find a link. Also, when you open this link scroll down and you will find other applicable links on the lower left.

Handloads for self-defense: the Daniel Bias case | American Handgunner | Find Articles at BNET


Some men learn by reading, a few by experience, the rest have to piss on the electric fence and see for themselves. Will Rogers
 
God, this whole argument sounds so ridiculous. If I have to pull my gun from its holster and shoot you to protect my life, I am not going to just "Try" and wound you, I am going try and stop you by "Firing a Handgun" that has bullets in it. Whether they are cowboy loads (which none of my "Carry" guns are loaded with-those are only for plinking), FMJ, SJHP, Lead Round-Nose, J-soft-Point, Hydra-shock Jacketed Hollow-Point, Brass Jacketed HP or Bonded JHP, they are ALL Bullets. And for anyone to expect a bullet fired from a handgun (or any type of firearm) to be less or more lethal than any other bullet that is fired from a firearm, is so far over the STUPID line it borders on insanity.
 
Your local judge is an idiot. If it were illegal, police wouldn't carry hollow points. They use them for a number of reasons, topmost being 1) They work....and 2) They work without over penetrating and causing collateral damage to bystanders or property. You are doing nobody any favors if you choose to carry with FMJ rounds. JHP are preferable, but nowhere near as effective as a hollow point.

There is no law, anywhere in the country (to my knowledge), that limits the amount of ammo you can have on your person. The more the merrier, I always say.

Perhaps he meant if you unloaded your magazine in someone, you could be charged with manslaughter. But then again, the point of the self defense law is to "negate the threat." If it takes 10 rounds to stop a bad guy, then pull the trigger until it goes "Click". Some prosecutor might get a wild hair with trying to charge you, but I think a decent lawyer could get it taken care of if you were justified in pulling the trigger.

the judge asked why did you empty the whole magazine? answer he kept on moving!:pleasantry:
 
Again, if they have a record of violent criminal behavior, then you probably won't be charged, unless there's evidence to show otherwise.

So are you advocating asking the the perp whether he has a record of violent criminal behavior before you decide to shoot him? Actually in a trial you probably wouldn't be able to bring up his record since you wouldn't have known it at the time of the shooting.
 
God, this whole argument sounds so ridiculous. If I have to pull my gun from its holster and shoot you to protect my life, I am not going to just "Try" and wound you, I am going try and stop you by "Firing a Handgun" that has bullets in it. Whether they are cowboy loads (which none of my "Carry" guns are loaded with-those are only for plinking), FMJ, SJHP, Lead Round-Nose, J-soft-Point, Hydra-shock Jacketed Hollow-Point, Brass Jacketed HP or Bonded JHP, they are ALL Bullets. And for anyone to expect a bullet fired from a handgun (or any type of firearm) to be less or more lethal than any other bullet that is fired from a firearm, is so far over the STUPID line it borders on insanity.

+1 HunterLee. I've made this argument before. I could care less what's in my pistol at the time (because I may be coming from the range and put in whatever was handy) A bullet is a bullet and if I have to shoot someone they get what's coming out of the barrel.
 
Boy I bet that judge really would not like me, I'm not saying whatI use in my carry weapons, but that Judge would deffinatly have a hissy
 
As long as the ammo is legal, I dont see an issue with it. Think of it this way, if it were to come down to it, and you HAD to use your gun (God forbid the situation ever comes up) would you rather go to court and defend yourself and your LEGAL ammo choice, or be the loser in the situation. "I'd rather be judged by 12, than carried by 6". Id prefer the "12" option. But then,if its justified, and declared as such, the ammo shouldnt even be questioned to begin with.
 
In Texas, there is no restriction on caliber or Hollow Point ammo - only on armor piercing rounds. In fact, to range qualify for your CHL, you must use a minimum caliber of .38 - there is no upper limit.
 
I just thought of something on this. Could the judge just have been saying that as a hypothetical? IE this might happen (as opposed to WOULD happen)? I'm wondering if he was just "covering his bases" in case you did have to use the weapon in SD, you did somehow get charged, and as part of your defense stated that a judge told you it was okay.
 
Legalities

nd out about Starbuck's supporting the gun owners, it was shown on TV that in California, you could carry your gun in the open, but it had to be unlaodaed. If that isn't a muddle-headed idea! If an active shooter comes in to the shop, who is he gonna shoot first? Anyone carrying a gun. Unloaded open carry is the dumbest idea ever. I do not like open carry to begin with. Concealed carry might just mean the few seconds for the element of surprise if I ever am in an active shooter situation. In Lakewood, WA, an armored car guard was the victim of a plot cooked up by one of the store associates. Her boyfriend walked up behind the guard and shot him in the head, then took the money satchel and ran out to a waiting getaway ca.; The perps were all captured, but someone armed could have seen the idiot with the gun approaching the guard and stopped him.
 

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