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Thread: Do you think building your own defensive rifle is a legal nightmare?

  1. #71
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    I'm in the crowd "a good shoot is a good shoot".

    Granted depending on the situation where its not clear whether it was intentional (gun went off vs I pulled the trigger) it can be used as evidence in a negligence case of sorts (criminal or civil) but for something like murder there has to be a proof of intent and all that to have a case of murder. The same charges can be put on no matter what the customization, ammunition, or what ever is used the only difference is trying to get knee jerk reactions for the most part.

    Next up (though I am sure its another beaten dead horse that is rotting in the desert). What about taking classes, wouldn't that entail you trained yourself purposefully to kill?

  2. #72
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    Quote Originally Posted by dewatters View Post
    My favorite example of a prosecutor grasping for straws was one where a cop was accused of murdering his wife. There was very flimsy circumstantial evidence, so the DA made big deal about the officer keeping a Terminator action figure on his desk and wearing a flat-top haircut. The DA tried to argue that the officer thought he was the Terminator. It was covered on one of the 48 Hrs / Dateline programs.
    I hear statements like that all the time, they are ment to taint the character of the accused and possibly sway the jury towards a guilty conviction. Hopefully the jury is smart enough to look past these things and focus on the real evidence, but you never know. Thats why you need to have a good attorney by your side.

  3. #73
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    I don't even get these kinds of questions. When your life or your family's life is on the line, the last thing you should be worrying about is what the court is going to think about your "evil" defensive rifle.

    If that fear is holding you back from properly defending yourself, I recommend always having a cell phone nearby and a baseball bat/ golf club/fireplace poker.
    But what then is capital punishment but the most premeditated of murders, to which no criminal's deed, however calculated it may be, can be compared? - Albert Camus

  4. #74
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    I have a female friend who took an introductory handgun class in western Virginia a few months ago. The instructor told her and her father (also in attendance) that in Virginia, if someone breaks into your residence, you have to grapple with them before you can employ deadly force, lest you go to prison for life. He also advocated carrying a 1911 only, as it's "manly" to do so.

    So yea, there is alot of BS being disseminated to the general shooting public regarding self defense shoots, etc.
    SSG Jimmy Ide- KIA 28 Aug 10, Hyderabad, AFG

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  5. #75
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    Quote Originally Posted by prodgi View Post
    Ok I'll preface my question with a scolding that my friend got from the instructor at our last pistol training class. See he had the 3.5lbs disconnecter in his Glock and the instructor made it clear that a lighter trigger dose not belong in a carry gun. The instructor is active LEO and claims to testify as an expert witness on a federal level on a somewhat regular bases. He claimed that if you find yourself in court after a defensive shooting that the prosecution will have a field day. He said that he has testified in court where the defendant was accused of having a "hair trigger" and the prosecution built a case around that one point and made the defendant look like a vigilante.
    I have a few concerns about this claim but overall I guess it's possible.
    Doesn't even pass the sniff test.

    3.5 disconnector is not even close to a hair trigger, so he is apparently very unfamiliar with that part.

  6. #76
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    Where the firearm itself is concerned, one of the best things you can ever hope to have written in an examination report pertaining to the gun (or ammunition itself) is a statement such as this:

    SUMMARY - Test article (#) was compared to control article (#) provided by (manufacturer). Following comparison and inspection, test article (#) was found to be within manufacturer's specifications for manufacturer, maintenance, operation. Test article (#) was without alteration or deviation from standard.
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  7. #77
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    Quote Originally Posted by Skintop911 View Post
    Where the firearm itself is concerned, one of the best things you can ever hope to have written in an examination report pertaining to the gun (or ammunition itself) is a statement such as this:

    SUMMARY - Test article (#) was compared to control article (#) provided by (manufacturer). Following comparison and inspection, test article (#) was found to be within manufacturer's specifications for manufacturer, maintenance, operation. Test article (#) was without alteration or deviation from standard.
    I would think this applies more to an internal deparmental policy that a department applies to shootings by its officers with the departmental standard guns than shootings by private citizens, or even criminal shootings.

    I mean, if someone uses a Steyr AUG, or an AR with an HK416 upper, or a SCAR, or a Springfield Professional 1911 in home defense shooting, is the police department going to procure a gun of that type to compare it with the one used in the shooting, and do they even have somone who knows enough about the gun who can ascertain if the gun is within factory specs?

  8. #78
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    Quote Originally Posted by Ed L. View Post
    I would think this applies more to an internal deparmental policy that a department applies to shootings by its officers with the departmental standard guns than shootings by private citizens, or even criminal shootings.

    I mean, if someone uses a Steyr AUG, or an AR with an HK416 upper, or a SCAR, or a Springfield Professional 1911 in home defense shooting, is the police department going to procure a gun of that type to compare it with the one used in the shooting, and do they even have somone who knows enough about the gun who can ascertain if the gun is within factory specs?
    Forensic examination of firearms and ammunition in shootings of all types, OIS or citizen, is far more common than many would realize. The extent to which it's conducted depends on the claims of the parties involved, the particulars of the incident, and what's revealed in the investigation.

    Examiners and labs do indeed procure comparison samples, and many have exemplars on hand already. Some manufacturers make it very easy, providing samples and sometimes support personnel.
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  9. #79
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    Quote Originally Posted by Skintop911 View Post
    Forensic examination of firearms and ammunition in shootings of all types, OIS or citizen, is far more common than many would realize. The extent to which it's conducted depends on the claims of the parties involved, the particulars of the incident, and what's revealed in the investigation.

    Examiners and labs do indeed procure comparison samples, and many have exemplars on hand already. Some manufacturers make it very easy, providing samples and sometimes support personnel.
    Okay, as I have asked before, can anyone me a case where someone was prosecuted for a different/custom gun where they did not do something wrong that made the shooting unjustiifed under the laws where it took place, or where the firearm they used was legal to own and was legally owned by the shooter?

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