Able to be sued for use of hollow point? - Page 5
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Thread: Able to be sued for use of hollow point?

  1. #41
    Join Date
    Mar 2011
    State of Confusion
    Quote Originally Posted by brcombs View Post
    This is my take on it. To my knowledge, there is no law against hollow point bullets except in NJ. A clever prosecutor could use the fact that you have hollow points to say that you were planning to use your weapon (ala Dirty Harry). But, you could be in trouble with jacketed rounds if one happened to go through the intended target and strike someone else.
    Just some thoughts on the subject.
    Quite true. NJ doesn't allow hollowpoints. IF you were to shoot in self defesne using a hollowpoint, the perps attorney would have a hard time using that to paint you as a nut. Just the opposite. Your answer would be "yes I use hollowpoints, the same as all the police in this state. I use them to ensure safety to bystanders and others who may be injured hould the round pass through the perp. It's the same reason I use a laser sight, to ensure no innocent person is hurt."

  3. #42
    Join Date
    Sep 2009
    Eastern North Carolina
    Understand that the objective of personal injury attys and ambitious prosecutors is to win in court. So they will raise ANY issue that might cast the defendant in an unfavorable light, or stir up emotions in the jury. They might criticize the choice of weapon, the ammunition, how often the defendant practices, how many shots he fired, messages he posts on message boards, memberships in gun and sportsmans clubs, etc, etc.

    And even if your state has legislation saying you cannot be tried civally if there was no criminal finding, I wouldn't even count on that to protect against a frivilous lawsuit from some hungry personal injury atty.

    Ayoob has aften stated in print that if you shoot someone, you can count on being sued.

  4. #43
    I don't know if I could get sued or not over my ammo. I have my guns loaded with a soft nose round with a flat point lead bullet. They are 200 grain and .45 caliber. Some are long colt and some are for a semi auto. They are loaded light but enought to make the semi work good. I don't really think they would go thru someone and hit someone else (depending where they were hit). But I don't know cause I have never shot anyone. Now that I have some disabillities, I figger I better carry something that will stop an advancing attacter and give me at least a chance to survive.

  5. #44
    Join Date
    Apr 2011
    Sandpoint, Idaho
    Just like everything else we talk about on this forum, it has to do with PERCEPTION.

    "Hollow point" sounds a little scary, but it's been around long enough, and enough people now know that it is a safer round for bystanders, that it probably wouldn't matter in most cases.

    However, modifying your trigger pull, using a tricked-out AR, or being in possession of a box of ammo called "Super Deluxe Cop-killing Sniper Bullets" would give the prosecution plenty of emotional ammunition, so to speak.

    Ask yourself, am I making it LOOK like I enjoy shooting people? Am I making it LOOK like I invite trouble? Facts only go so far. A madman shooting up a crowd with a fifty year old bolt action rifle comes off as more sane than the one using the aforementioned tricked-out, scary-looking, black plastic semi-automatic "assault rifle."

  6. #45
    Join Date
    Jun 2011
    Off of I-80 between Des Moines and Cheyenne
    Blog Entries
    May have already been said here, but being riddled with ADD i don't wanna read all the responses, so here goes...

    You can be sued for anything, anything at all. You may win the case if sued for something that is silly, like being sued for having a gun that is not orange in color... Most all police dept's use hollowpoints. Why, (often) more effective in stopping attacks than FMJ rounds. Sooooo, I've heard it said that if you use the same round your local PD uses, well, then you may well get a pass due to the fact that if you are sued for using the same horrible, child shredding, tissue evaporating, grandma slicing, anti-happy rounds that your local PD uses, well, need I splain further?
    1)"When injustice becomes law, resistance becomes duty." -Thomas Jefferson.
    2)"Imagine how gun control might be stomped if GOA or SAF had the (compromising) NRA's 4 million members!" -Me.

  7. #46
    Your most likely to be sued if your attacker lives. Your more likely to kill your attacker with quality defensive ammo. First protect your life, then let your lawyer protect your right and need to use a firearm.

  8. #47
    First you need to survive the fight then you need to survive the legal system. It is important that you are able to explain your choice in ammo as well as your choice in gun, why you pulled the gun, why you pulled the trigger, and a few other questions. Don't be too anxious to answer questions till after your attorney is present. You may be asked to prove that you knew this before the incident. Buy a few books (there are many to choose from) initial and date them after you have read them. Ayoob's name has come up here repeatedly, a couple of his books would be a great place to start. His "In the Gravest Extreme" is a must read IMHO.

  9. The police carry Jhp too, FBI, and everyone.

  10. #49
    Join Date
    Sep 2009
    Reno, NV
    Noted self defense expert Massad Ayoob has commented extensively on this. First of all, there is no law banning civilian use of hollow points in the USA. Only NATO has voluntarily banned its use. In any case, when Mr.
    Ayoob is testifying for the defense he always points to the fact that this was purely a self defense measure
    in using hollow points i.e., they are more effective in stopping the immediate threat while at the same time
    offering some consideration for innocent bystanders by reducing the risk of over penetration.

  11. #50
    Join Date
    May 2011
    Oregon City, Oregon, United States
    A truism about the American legal system is that anyone can be sued at anytime over anything. Assuming that they are legal in your jurisdiction it wouldn't let that stop you. However if a prosecutor or civil attorney tries to raise that argument in an SD trial, that's where you need an expert witness to debunk it and shut it down immediately (i.e counter points like "if HP are so vicious why do police use them", "Hollow points have a better chance at stopping the assailant quickly and therefore usually require fewer rounds and end up causing fewer deaths than if FMJs were used", "Higher risk of over penetration and collateral damage with FMJs" etc etc). The argument against HPs doesn't hold water and they only get away with it if your legal defense team (civil or criminal) lets them get away with it.

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