Spoke to a Judge... What is he talking about? - Page 8
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Thread: Spoke to a Judge... What is he talking about?

  1. Quote Originally Posted by BradAnderson View Post
    Again, if they have a record of violent criminal behavior, then you probably won't be charged, unless there's evidence to show otherwise.
    It depends on the state, and the situation. The OP's judge saying that someone might be charged with a crime is not all that unexpected. It was a reasonable observation based on experience. That experience applies to that state and that situation. No more, no less.

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  3. #72
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    Mar 2009
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    Quote Originally Posted by kohjor80 View Post
    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
    Your profile has you living in Pennsylvania. In PA, there really is only one statewide gun law, and that is the PA Uniform Firearms Act. (PA Uniform Firearms Act)

    The state makes the gun laws, and no other political body can make/change/add any laws regarding guns without state approval and a change in the Act. (section 6120 (a))

    As it stands, there are no prohibited bullets that you can carry, provided you are not engaged in a crime of violence, as per section 6121 of the Act.

    As for the question regarding proper concealment, it means exactly that. Conceal the gun in any way and it is considered concealed and you need a permit (License to Carry Firearms in PA). Open carry is perfectly legal in PA, so if you "accidentally" show your concealed gun with it still in a holster or whatever, you're covered. Also, they do not have to be unloaded. I'm a PA resident, and I carry mine fully loaded with JHPs. (someone posted that JHPs are illegal in Philly which is not true - see section 6120 (a) of the Act)

    All in all, don't rely on the word of cops, judges, politicians, etc. on this regard. Do your own research and know the law so that if you are ever approached by any form of law, you already know you're legal. Read through the PA UFA at the link above and get to know the parts which affect you (license, places off limits, etc.)

  4. #73
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    Mar 2010
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    Quote Originally Posted by BradAnderson View Post
    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.
    Sorry, but I honestly see no logic in your response. The topic was regarding bullets carried. I wasn't suggesting go out and pretend to be a police officer and do everything they do. Carrying the same loads as your local law enforcement is just a step an individual can take to avoid the bullet angle of a prosecuter should you ever discharge your weapon.
    Never had to use my gun, never want to use my gun, will not hesitate to use my gun.

  5. #74
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    Mar 2010
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    Quote Originally Posted by BradAnderson View Post
    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.
    Wow, I want to exist in the same world you do, because you seem to have half information about everything and real world experience on nothing. Do some reading on actual self defense situations, tell those people that the world works as you describe. As far as defending your home, not true either unless you state has a castle doctrine and/or stand your ground law(s). People come here for information and when you assertively make the claims you're making people may use that information to formulate their plans. Half truths and false information are often times more damaging than no information.
    Never had to use my gun, never want to use my gun, will not hesitate to use my gun.

  6. <<< "There is an urban legend that a jury will convict a self-defense shooter based upon the "lethality" of the ammo used and whether or not that ammo was handloaded." >>>

    NO, NO, NO! You do not want to use handloaded ammo. You also must consider the civil case even if you are not charged criminally. The dirt bag lawerer wiil portray you of making "killer" bullets in you basement or shop. It is ridiculous I know but it is REALITY! There have been several cases where handloads had resulted in nightmnarish situations for users in self-defense. It is late and it is time for me to hit the sack so I don't have time to find the links, but I think Massood Ayyoob had an article or two on this. There was also other problems having to do with ballistic evidence that turned out badly for the user.

    I lied, I felt this so important I did take the time to find a link. Also, when you open this link scroll down and you will find other applicable links on the lower left.

    Handloads for self-defense: the Daniel Bias case | American Handgunner | Find Articles at BNET


    Some men learn by reading, a few by experience, the rest have to piss on the electric fence and see for themselves. Will Rogers

  7. #76
    Join Date
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    South Mississippi
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    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.

  8. #77
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    Dec 2009
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    Quote Originally Posted by PascalFleischman View Post
    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.
    the judge asked why did you empty the whole magazine? answer he kept on moving!

  9. #78
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    Oct 2008
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    Quote Originally Posted by BradAnderson View Post
    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 are you advocating asking the the perp whether he has a record of violent criminal behavior before you decide to shoot him? Actually in a trial you probably wouldn't be able to bring up his record since you wouldn't have known it at the time of the shooting.
    Maybejim

    Life Member NRA
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    What you say isn't as important as what the other person hears

  10. #79
    Quote Originally Posted by HunterLee View Post
    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.
    +1 HunterLee. I've made this argument before. I could care less what's in my pistol at the time (because I may be coming from the range and put in whatever was handy) A bullet is a bullet and if I have to shoot someone they get what's coming out of the barrel.

  11. #80
    Boy I bet that judge really would not like me, I'm not saying whatI use in my carry weapons, but that Judge would deffinatly have a hissy

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