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Posted: 2/3/2010 3:03:23 AM EDT
| I heard you cant use an class 3 for self defense, is this true? |
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If I had an option, I wouldn't for two reasons:
1) I wouldn't want a 10k machine gun locked up in an evidence locker until everything was over. 2) If everything goes to trial, the prosecuting lawyer will make you out to be a blood thirsty satan worshiper. "Why oh why ladies and gentlemen of the jury did he use this evil sawed off shotgun or use more force than was necessary by dumping a mag f/a into the intruder" That said, I can't recall ever seeing anything that explicitly said you could not defend yourself using a Title 2 weapon. |
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You can, and it's been done. For the flipping life of me I can't remember the guy's name and my googlefu is f-ing me this morning, so I'll try to paraphrase from memory. There will be inaccuracies in the text below, none of which are meant to be slanderous, mean spirited, attacking, etc.
It was back in the 80s (pre-May 86) and an engineer was driving a deserted country road when a vehicle began to follow his (a minor road rage incident may have been involved). The truck followed them for a long time, and the guy tried to go into the gate of his company. Well, it was locked, so he turned his truck to face his attacker. The other truck stopped, and a guy jumped out and charged the engineer. Engineer had an AC556 behind the seat, pulled it out, and loosed a burst into the attacker. Police showed up, treated self-defense guy as criminal, and several years in court it finally was resolved that the shooter was in the right. He went on for many years after that to advocate not using a Class III firearm for defense due to the lack of general knowledge among the public (they had to remind the jury repeatedly to think of the AC556 as a rifle, not just a machine gun). I really hope someone can dig up a link as I'm not sure my mind is recalling everything correctly. That should be the rough gist of it. See JS-280's post below mine. Edited to remove inaccuracies from the record. |
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Gary Fadden...he was an employee for H&K using an AC-556. Story Here You can also look up the Harry Beckwith incident involving a S&W Model 76. |
| I think that any time that you use deadly force it will be looked at very closely. I think that a lot of it depends on where you're at and the political climate there. Ultimately it will be up to the prosecutor of that jurisdiction to decide if they put it to a grand jury or decide to prosecute it. I can see the point that if you used a NFA the perception could be that you were looking for a fight. Some very conservative places the prosecutor may not even think twice just because it was an evil black gun and then there are places where they might charge you even if you used force against a dirt bag that just raped a Nun on the church lawn. |
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Quoted:
Gary Fadden...he was an employee for H&K using an AC-556. Story Here You can also look up the Harry Beckwith incident involving a S&W Model 76. Thank you thank you thank you!! 
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I heard you cant use an class 3 for self defense, is this true? Not true. You can use anything for self defense. A good shoot should be a good shoot whether you use a single-shot .22 or an M2. That said, I wouldn't use a high-$$$ transferrable mg since most likely it will be taken as evidence until the facts are sorted out, whether or not the owner is prosecuted. Far better to use an easily-replaced Title I firearm. |
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I have always thought that using anything that sounds aggressive will bite you in court. They will pick your gun apart, no matter what. If you have modded the trigger, they might call you trigger happy. If it has tactical in the name they will think you are out for justice. I think the best thing you can do (besides not being in a shoot) is to use a weapon that screams LE, like a Glock 22 or similar choice of LE for a sidearm.
Using an NFA device you are asking for trouble. I wouldn't want to go to court with a full auto, or a sawed off shotgun. Expect to be bankrupt by legal fees if you do. There is a similar talk about using a sound suppressor on silencertalk. |
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Quoted: Gary Fadden...he was an employee for H&K using an AC-556. Story Here You can also look up the Harry Beckwith incident involving a S&W Model 76. Yep.. 'ole Harry was quite the character. |
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Gary Fadden...he was an employee for H&K using an AC-556. Story Here You can also look up the Harry Beckwith incident involving a S&W Model 76. Although Im happy Mr. Fadden saw no jail time, these prosecutors make me sick. How many innocent people are in prison right now because of these traitors. I wouldnt want to be one of these prosecutors or judges come Judgement Day. |
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