.45 too much for home defense? - Page 2
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Thread: .45 too much for home defense?

  1. #11
    I fire my weapon to STOP THE ACTION NOT TO KILL!!! to STOP THE ACTION.


    Besides, if you go with something small you are most likely going to have to shoot more than twice to stop the action. Then you get to hear in court that you "shot the man 10 times!!!!!" Just ask NYPD how well that goes.

    Unfortunately most people believe what they see on the tv (think John Wayne) and one shot one stop. Anyone who has ever had to shoot knows that this is most likely not the case. Unfortunately again, trial by your peers is not by your peers, it is very much not.
    -Austin

  2.   
  3. Quote Originally Posted by devildave31 View Post
    I saw something in a forum on another sight that got me concerned. Someone mentioned that (in his/herstate?) using a .45 even to defend your home can be used against you by the law, because it can be considered overkill and you could be charged with aggravated assault because you selected a gun with the intent of doing the most damage or quickest kill. I could see where an anti-gun court might use that to paint you as over aggressive, but otherwise is there any legitiamcy to this concept?
    This is a legal question, ask a lawyer. Different juristictions will have different rules and laws. Also, in court, a lawyers job is to win, truth has nothing to do with it, so he will misrepresent you and your weapon for the benefit of his position. In court, it really comes down to who has the better lawyer.

    One part of self defence, for those who like to chant "better to be judged by 12 than carried out by 6", is knowing the legality of self defense in your juristiction. Because I'm not really sure if it is better to be carried by 6 or live out the next 40 years of my life in a 4x6 room with a large man named bubba.

    Now, you should be OK as it is a standard caliber, commonly used for personal defence, and is not a maaaagnum for the lawyers to explain to the jury. Also, you can explain to said jury you chose a 45 because it has a big slow (sllooooowwww) bullit and will not to penetrate the wall and kill your neighbors children, we do want to protect the children, don't we? Always take these things into consideration and, really, spend the money to sit down with a self defense attorney to discuss these issues. It is cheap insurance.
    You can have peace. Or you can have freedom. Don't ever count on having both at once.
    Robert A. Heinlein

  4. #13
    wolfhunter Guest
    Mmmm, red jello....

  5. I keep an old Smith & Wesson Model 1917 revolver in the nightstand, one of the ones sold to Brazil back in the 1930's that came back in the 1980's. It's a .45, and I figure that I can always say that I wanted a home invader to see the big barrel so that he would stop what he was doing so that I wouldn't have to fire any shots. Plus how can the press make a big deal out of a 70 year old gun? Also, it's loaded with Glaser SAFETY Slugs.

  6. #15
    No. A .45 is not too large for home defense. I have a Glock .45 (21SF) and a Mossberg 500a 12 ga for home defense. With the large number of people who carry .45 for their CCW, how can anyone say that it is OK for protection on the street but not for your own home?
    The limits of tyrants are prescribed by the endurance of those whom they oppose. - Frederick Douglass

  7. #16
    (the thoughts a simple man)

    First & foremost please understand there's a difference in Civil and Criminal.

    (I know all you know this but just for clearing up) ...OJ was tried for murder & was aquitted, that was criminal IE he would have had to do time or possible life in jail/dead........he was convicted cival court thus he being terminally broke


    ok i know its a lot messier than that but just in a simple mans nutshell


    The idea of shoot to kill/live/self defense/murder whatever is settled in criminal court "generally" the idea of overkill isn't so much described in caliber because technical specs there are too many details & can get messy with a jury ...(not even getting to the idea of a judge deciding the case) ...its generally argued with the number of rounds fired number of hits on body ect ect.....in a nutshell they want to argue number of holes rather than size...


    HOWEVER..


    you can be cleared of the criminal charges, but still have to worry about civil. Here's where the real idea of "overkill" comes in. No matter the verdict in criminal court family members of take you back to court for liablity or a hundred other big word excuses to sue you. Here they can argue intent, premeditated or not, ect ect. And yes here is where the real vicious ones will argue size of caliber and even bullet type that was loaded just to "push" the guilt on you via jury, and this is where they pull out all the stops...here's where defending your life, family can be turned around to "looking to kill"


    I know a lot of it is total babble, and i apologize for running on, but here's where it comes from. A close friend of mine fell victim of this very thing. house was broken into, BG was armed, X shot Y when lives were threatened. in criminal court he was cleared it was clear cut self defense. however Y's family took him to civil court trying to sue, the basis? .......the shotgun was loaded w/ 00B ...so he had to have premeditated intent ....


    I have spent over a decade w/ a private law firm (no not a lawyer) and one thing I've learned is that this is a very litigious society and its sad what you can be taken to court for, but you can't live in fear

    my bottom line? I carry a .45acp when I go out & have a .12a in my bedroom if anything happens I'll deal with it then God willing


    my thoughts

    Wulfren
    ~Lupine Nobilis~

  8. #17
    wolfhunter Guest
    Quote Originally Posted by Wulfren View Post
    (the thoughts a simple man)

    First & foremost please understand there's a difference in Civil and Criminal.

    (I know all you know this but just for clearing up) ...OJ was tried for murder & was aquitted, that was criminal IE he would have had to do time or possible life in jail/dead........he was convicted cival court thus he being terminally broke


    ok i know its a lot messier than that but just in a simple mans nutshell


    The idea of shoot to kill/live/self defense/murder whatever is settled in criminal court "generally" the idea of overkill isn't so much described in caliber because technical specs there are too many details & can get messy with a jury ...(not even getting to the idea of a judge deciding the case) ...its generally argued with the number of rounds fired number of hits on body ect ect.....in a nutshell they want to argue number of holes rather than size...


    HOWEVER..


    you can be cleared of the criminal charges, but still have to worry about civil. Here's where the real idea of "overkill" comes in. No matter the verdict in criminal court family members of take you back to court for liablity or a hundred other big word excuses to sue you. Here they can argue intent, premeditated or not, ect ect. And yes here is where the real vicious ones will argue size of caliber and even bullet type that was loaded just to "push" the guilt on you via jury, and this is where they pull out all the stops...here's where defending your life, family can be turned around to "looking to kill"


    I know a lot of it is total babble, and i apologize for running on, but here's where it comes from. A close friend of mine fell victim of this very thing. house was broken into, BG was armed, X shot Y when lives were threatened. in criminal court he was cleared it was clear cut self defense. however Y's family took him to civil court trying to sue, the basis? .......the shotgun was loaded w/ 00B ...so he had to have premeditated intent ....


    I have spent over a decade w/ a private law firm (no not a lawyer) and one thing I've learned is that this is a very litigious society and its sad what you can be taken to court for, but you can't live in fear

    my bottom line? I carry a .45acp when I go out & have a .12a in my bedroom if anything happens I'll deal with it then God willing


    my thoughts

    Wulfren
    Just another wonderful reason to live in Florida. Our Castle Doctrine makes the presumption that anyone entering your home is there to do you harm and you may protect yourself and your family. Then it has a release from civil liability. So, if you are involved in a shooting and not found guilty on a criminal charge, you won't lose a related civil case.

  9. #18
    This is true

    I had a moment & totally forgot about those

    as i understand it KY and several other states adopted the castle laws as well, they make things alot better for the little guy
    ~Lupine Nobilis~

  10. #19
    Join Date
    Apr 2009
    Location
    Miamisburg, OH
    Posts
    2
    I spent many years on a special response team and we carried .45's for the knockdown and stay down power ( not necessarily killing power). And the non over penetration( hard and heavy but not deep) room to room making it perfect for home protection.

  11. #20
    Join Date
    Mar 2009
    Location
    South Central Missouri
    Posts
    124
    Quote Originally Posted by wolfhunter View Post
    Just another wonderful reason to live in Florida. Our Castle Doctrine makes the presumption that anyone entering your home is there to do you harm and you may protect yourself and your family. Then it has a release from civil liability. So, if you are involved in a shooting and not found guilty on a criminal charge, you won't lose a related civil case.
    Ditto Missouri - Thank GOD!
    When it comes to handguns, there are Sig Sauers, then there's everything else.

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