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.
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.
Lets all be very careful not to violate the criminals rights.... or, even worse, hurt their feelings.
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, 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
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.
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.
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.
Again, if they have a record of violent criminal behavior, then you probably won't be charged, unless there's evidence to show otherwise.
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.