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Posted: 1/10/2006 3:15:33 PM EDT
Is it true that if you legally own a class three weapon you can't use it for self defense?

SCENARIO: I'm at home sleeping, i hear a loud thump, grab my silenced USP and start looking. As i turn into the hall from my room i surprise a burglar he drops a duffle bag and starts rushing me...I double-tap center-mass. I call the cops.

What happens next?? Oh and i lve in Florida.

-223
Link Posted: 1/10/2006 3:24:58 PM EDT
There's not really any law prohibiting you from doing so, but if for some reason you were to go before a jury, the prosecutor could try to make you out as a bad man with a silencer.

Read this:

The Gary Fadden Incident
Link Posted: 1/10/2006 3:28:36 PM EDT
[Last Edit: 1/10/2006 3:28:56 PM EDT by redfisher]
silencer would be manageable

Full-auto?

They would make swiss cheese of you before a jury- these days.
Link Posted: 1/11/2006 4:05:20 AM EDT
Assuming the BG has assumed room temperature...



I double-tap center-mass, I remove can, I put in safe, I call the cops.




I'm just sayin'
Link Posted: 1/11/2006 4:21:42 AM EDT
wouldnt you rather find out after the fact instead of ending up dead?

personally, it shouldn't make any difference.
Link Posted: 1/11/2006 7:15:20 AM EDT
Link Posted: 1/11/2006 7:23:20 AM EDT
[Last Edit: 1/11/2006 7:25:22 AM EDT by photoman]

Originally Posted By 223haiku:
Is it true that if you legally own a class three weapon you can't use it for self defense?

SCENARIO: I'm at home sleeping, i hear a loud thump, grab my silenced USP and start looking. As i turn into the hall from my room i surprise a burglar he drops a duffle bag and starts rushing me...I double-tap center-mass. I call the cops.

What happens next?? Oh and i lve in Florida.

-223



There are no laws saying what you can and can not defend yourself with. As long as the shoot is justified and a good shoot the weapon maters not,

In the Fadden shopoting it took three DAs before someone would take it to court and prosecute. And even when the DA tried to make the FA gun an issue the Judge instructed the jury that the gun type mattered not and should not be considered as the gun used had nothing to do with it being a good or bad shoot. Also while the FA gun played a part in the one DA deciding to charge, the fact that the person who go shot had been "shot in the back" had more to do with the charges then the FA gun. Read the link M4Madness posted it's an interesting read.

I use an NFA firearm as a HD weapon. Best tool for the job man thats what you use, not the most PC tool for the job.
Link Posted: 1/11/2006 7:26:26 AM EDT
[Last Edit: 1/11/2006 7:27:18 AM EDT by IAMLEGEND]
The Harry Beckwith Incident.

The most rounds ever fired by any civilian in the US in a self-defense scenario.

Involving, among other things, a Smith and Wesson model 76 SMG.


ETA: linkeroo
Link Posted: 1/11/2006 7:37:17 AM EDT
I keep saying this "if it is a good shoot, it is a good shoot no matter what you use to shoot with" at least in a criminal case.

Now in a civil case, all bets are off.
I'd play the silencer for what it was used for - to protect my hearing.
Link Posted: 1/11/2006 7:57:22 AM EDT
Layered defenses work best.

Have a pistol or shotgun for 99% of cases.

Keep a MP5 or M4 handy for SHTF type threats. In any event, there's little cause to use full auto in self defense, especially if you are at all mindful of the possiblity of hitting friendlies. Remember, you are responsible for every single shot you fire.
Link Posted: 1/11/2006 8:15:15 AM EDT

Originally Posted By Phil_A_Steen:
Layered defenses work best.

Have a pistol or shotgun for 99% of cases.

Keep a MP5 or M4 handy for SHTF type threats. In any event, there's little cause to use full auto in self defense, especially if you are at all mindful of the possiblity of hitting friendlies. Remember, you are responsible for every single shot you fire.



If all you have is FA, use the gun, doesn't mean you have to flip the switch to go fast.

My NFA HD weapon isn't FA it's still SA, it just has a nice short barrel and eventualy a nice can to go with it.
Link Posted: 1/11/2006 4:50:13 PM EDT
That article about Fadden was really something else!! You'd think that a jury would look beyond certain things in persuit of a fair trail.. But I guess not. For what it's woth I'm just glad that we live in a country where you can actually own the NFA weapons..

-223
Link Posted: 1/16/2006 5:59:27 PM EDT

Originally Posted By M4Madness:
There's not really any law prohibiting you from doing so, but if for some reason you were to go before a jury, the prosecutor could try to make you out as a bad man with a silencer.

Read this:

The Gary Fadden Incident



great story
Link Posted: 1/21/2006 7:14:03 AM EDT
The suppresor probably wouldn't be too big of a problem after the event. If you could afford a good legal defense you could probably help the jury understand the the suppressor isn't such a big deal. It saved your hearing so you could hear if there were any other threats to you or your family.

But a FA? At the least, it'd be labeled as overkill and at the worst you'd be labeled as wanting to kill the BG and not stop him. The possibility of losing a several thousand dollar firearm to an evidence locker or worse is a little disheartening.

Nowadays, you pretty much have to assume that if you are involved in any sort of violent crime, even if it's a self-defense scenario, all of your guns will be confiscated for "evidence."
Link Posted: 1/21/2006 10:19:53 AM EDT

Originally Posted By Krackels:
Nowadays, you pretty much have to assume that if you are involved in any sort of violent crime, even if it's a self-defense scenario, all of your guns will be confiscated for "evidence."



+1
Link Posted: 1/21/2006 8:09:32 PM EDT

Originally Posted By exocet:

Originally Posted By M4Madness:
There's not really any law prohibiting you from doing so, but if for some reason you were to go before a jury, the prosecutor could try to make you out as a bad man with a silencer.

Read this:

The Gary Fadden Incident



great story



Damn.

That was a great story (for me to read, but clearly a nightmare for McFadden)
Link Posted: 1/22/2006 8:40:51 AM EDT

Originally Posted By jmkrick:

Originally Posted By Krackels:
Nowadays, you pretty much have to assume that if you are involved in any sort of violent crime, even if it's a self-defense scenario, all of your guns will be confiscated for "evidence."



+1



-1 -- I doubt it.
Link Posted: 1/22/2006 11:49:41 AM EDT
Link Posted: 1/22/2006 1:59:34 PM EDT



I'd venture to say there's not a DA in Florida that's ever heard a "Bear Bark".
Link Posted: 1/23/2006 8:29:04 AM EDT
Tag
Link Posted: 1/23/2006 11:53:13 AM EDT
Y'all best read up on Florida law and the statuatory right of self defense. It might raise and eyebrow, but in your home .as it stands now, that intruder is paid for. You cannot be arrested and you cannot be held liable in a civil action if the shoot was justified. The same applies in a carjacking sceanario or in any place you have a right to be. Just be sure if you are armed with a class 3 item that your possession at the time is legitimate.
Link Posted: 1/25/2006 2:44:28 PM EDT

Originally Posted By tdogg77:

Originally Posted By jmkrick:

Originally Posted By Krackels:
Nowadays, you pretty much have to assume that if you are involved in any sort of violent crime, even if it's a self-defense scenario, all some of your guns will be confiscated for "evidence."



+1



-1 -- I doubt it.


Okay, I fixed it.

What about the David Ludwig's family? He pretty much stole firearms from his father and used them to commit a crime and you'd better believe they confiscated guns for evidence.
Link Posted: 2/3/2006 2:03:41 AM EDT
[Last Edit: 2/3/2006 2:04:15 AM EDT by rara1141]
If you are legally defending yourself ... justified as in if you don't take action you'll be dead... then it doesn't matter if you dropped a piano on the guy, ran him over, or used a silencer or WHATEVER method to keep yourself from being dead...

NFA or not... keyword here is "justified"



Link Posted: 2/3/2006 10:21:35 AM EDT
[Last Edit: 2/3/2006 10:21:55 AM EDT by FlameRed]
Just keep in mind that it is definately illegal in Florida to have a Class-3 as a concealed carry!
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