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9/19/2017 7:27:10 PM
Posted: 10/4/2001 11:02:47 AM EDT
Any one know if the use of an NFA weapon will add more troubles to your pile of hurt if the only thing avaiable at the time is this type of weapon...(or even if it was not but used that anyway) would the fact the the guy has 10 holes in him instead of two or three ( just to make sure[:D]) add anymore legal charges. basicly would your ownership rights be in jepordy if this was the case? , thanks...
Link Posted: 10/4/2001 11:11:47 AM EDT
As former CHL instructor and current NRA Instructor the short answer is [b]YES[/b]. IMHO with all private shootings clearing the grand jury does NOT necessarily let one of the hook and Civil Litigation under the circumstances you described would be a definite possibility. Mike
Link Posted: 10/4/2001 11:38:10 AM EDT
[Last Edit: 10/4/2001 11:34:30 AM EDT by cluster]
thanks, I guess the next question would be why?And how strong of a case would they have aganist u. also who would be the one perusing the issue.. the state fammily or both? ( if its the ATF , i feel i dont have a proplem since they will burn down my house so there gose the evidence,, oh that only works for them.... i see)
Link Posted: 10/4/2001 5:44:15 PM EDT
[Last Edit: 10/4/2001 5:41:38 PM EDT by Steve-in-VA]
From a legal standpoint, in a criminal case, it does not matter. If you are faced with an intruder who, through reasonable perception, you see is armed and you are in reasonable fear of serious bodily injury or death therefrom, it does not matter whether you use a .22 or MAC 10 .45 on full auto. The shooting would be justified. You are not required by law to wound an armed intruder. The same goes for a wrongful death case in a civil suit. So far as the legal justification for a shooting goes (ie. self-defense), it makes no difference. Where it may be relevant, is in those cases where "reasonable fear" or "perception" are questionable and not clear. If, because of possible motive or vendetta, the notion of "self-defense" is questionable (such as a case where you shoot someone in your home who you catch screwing your wife and you "thought" he was armed), such a factor could be relevant. But that's it. However, if were talking strict self-defense against an armed intruder, IT JUST DOES NOT MATTER.
Link Posted: 10/4/2001 7:33:00 PM EDT
Link Posted: 10/5/2001 3:37:31 AM EDT
Good point; I agree. Haven't we done this one before?
Link Posted: 10/5/2001 4:02:56 AM EDT
Link Posted: 10/6/2001 1:17:45 PM EDT
Use the full auto firearm. What did you buy it for? Just to look at? You've heard it before...better to be judged by 12, than carried by 6. If it's legally registered what's the prob?
Link Posted: 10/6/2001 3:16:46 PM EDT
Link Posted: 10/6/2001 6:03:19 PM EDT
Originally Posted By cwarrior: If it's legally registered what's the prob?
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Do you think they're going to look at the situation and give you your gun back at 3am on the scene? Probably not. It'll be taken as evidence until the DA is satisfied it was a justified and decides not to press charges. You want to be without your expensive registered MG that long? Additionally consider the local Barney Fife isn't going to treat your $8000 MP5 nearly as gingerly as you would. It'll be tossed, uncased, in the back of a car with all the other crap in there and treated with the same level of care as would a nickel plated Lorcin found at a local drive-by shooting. How much is that minute scratch on your MP5 worth to you? Maybe another ding or two as he yanks it out of the truck and puts it in the evidence locker? Sorry, I'll leave my HK in the safe and use the Glock.
Link Posted: 10/6/2001 8:05:30 PM EDT
Originally Posted By shaggy: Do you think they're going to look at the situation and give you your gun back at 3am on the scene? Probably not. It'll be taken as evidence until the DA is satisfied it was a justified and decides not to press charges.
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Aside from my legal ramblings (which are accurate BTW), this is a very good point.
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