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

  1. #1

    Question Spoke to a Judge... What is he talking about?

    So, I had an interesting conversation with a local district magistrate. He informed me that if I were to use my .40 cal Taurus for self defense (which is what it is for), with a full magazine of federal HydraShocks, I could be charged with manslaughter?

    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. Is he just telling me something so he can hear himself talk or what? I have never found any type of written rules to govern such a statement.

    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

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  3. #2
    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.
    Victory rewards not the army that fires the most rounds, but who is the more accurate shot. ---Unknown

  4. #3
    OH, and if you can carry, you can carry loaded, cocked, & locked. What's the point in having an unloaded gun on your hip? Might as well buy a pea shooter, otherwise.
    Victory rewards not the army that fires the most rounds, but who is the more accurate shot. ---Unknown

  5. #4
    Thank you,
    I agree, I usually carry a Full mag of hyrda shock with one in the chamber, but never really thought if it was ok, good, bad, or indifferent. I personally have my carry weapon on me at all times (except at school, obviously) but, in this town college kids are getting mugged and last week a guy was mugged and would not hand over his wallet so the guys grabbed him and started driving away holding him. He got pretty messed up. But there is a reason to carry. And I didn't understand why you could have a gun, a permit, and not have enough ammo?

    But, thank you for the quick reply!

    Jordie

  6. #5
    Also, the way i look at it,

    My carry gun is like a seatbelt in a vehicle. You go out everyday, put on your seatbelt hoping that you never need to use it but when you get in that accident and survive because of it, You look back and say **** at least i was prepared. So if someone has an excuse to protect themselves then they will be glad they are wearing their "Seat belt"

  7. #6
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    Quote Originally Posted by kohjor80 View Post
    Does it matter how many rounds are in your self defense carry gun? Does it matter what type of ammunition it is?
    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
    I've never head of those claims and question the assertion in it's entirety. The only thing that rings possibly true is if your state has laws regarding certain types of ammo (e.g. teflon coated 'cop killer' ammo).

    I'm intimately familiar with the CCW and use of deadly force laws in two states in which I've lived and there's no stipulation about in which condition your CW is carried. I.E. however you want is fine.

  8. #7
    The Judge you spoke with is an idiot! My brother-in-law is a chief DA in Philly. (Where JHP's are illegal, I found this out on a visit form Florida.) He didn't have a problem with the JHP's, he just told me not shoot anyone with them. He thinks it's great that there are concealed carry laws. In some cases he feel it makes his job at prosicuting them easier because they can't testify. He told me it doesn't matter how many rounds the gun can hold, just how many rounds were fired and where did they go. The next time I visited Philly I changed my ammo to EFMJ, there not JHP's

  9. #8
    As Bugs Bunny would say, "what an ultra-maroon!" When you use your gun for self-defense, the death of the BG is pretty much expected. Nobody shoots to wound, they shoot to stop. And death usually stops the threat.

    And I always carry fully loaded with one in the pipe. Cocked and ready. You aren't going to have the time to rack in a round when someone is trying to kill you.
    Last edited by Piece Corps; 01-28-2009 at 12:25 PM.
    -= Piece Corps =-

  10. #9
    Yes, I have heard that kind of statement before, in several States.

    These statements ALWAYS came from either anti-gun people, or those who had listened to anti-gun people without verifying the information.

  11. 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. It's total B.S. and there is not one case history that anyone has found where the type of ammo has been considered, as long as there is no specific prohibition to the type of ammo used, such as armor piercing, or in NJ - hollowpoints.

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