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buzz_knox · July 18, 2002, 07:30 AM

Digging up a dead horse, aren't you? Okay, I'll bite again.

1. Reloads: use reloads all you want. The threat is less that a lawyer will argue that you tried to make an even more dangerous bullet but will instead argue that you were such a gunnie, as evidenced by manufacturing your own ammo, that you were looking for a fight. That may be enough to convince lay people that a good shoot was somehow your fault.

Also, and more importantly, you are giving up the ability to have experts accurately reconstruct the shooting. Unless you roll your own perfectly, keep accurate records and retain sealed exemplars of each batch, there will be no way to test your rounds for powder residue results, etc. as there would be with factory loads (where rounds from each batch are kept as exemplars for such situations). If you're round has a lower than normal powder residue, you're close range shoot may start to look like it was a bit farther away than you claimed. That could make you look like a liar and a murderer.

2. Choice of weapon. Everything, and I repeat everything, will be thrown at you at trial. Some of it will be blocked by the judge but not all of it. Remember O.J.'s dreams of killing his wife? That was let in even though it was patently inadmissible. The key to everything is to have a true explanation

Why did you use an AR-15? I have studied articles that indicated the .223 is effective in stopping an aggressive intruder but is less likely to penetrate walls and harm bystanders. The weapon is easier to handle in some situations than a pistol, so if I am stressed, I am less likely to have an accident. Etc. Etc.

Anticipate the attack and be prepared to deal with it before it's made.

As for the so-called lack of case law, Westlaw does not pick up plea bargains coerced by a DA threatening these tactics. Westlaw does not list settlements forced by civil attorneys doing the same. And Westlaw does not include all cases. I've got several decisions on my desk, some of which should have been reported, but which you will never find on any database because the judge decided not to publish it. I don't base my decisions on Westlaw searches. I'm familiar with the concept of a test case and I don't want to be one.

July 18, 2002, 07:30 AM	#8
buzz_knox Senior Member Join Date: December 2, 1999 Location: Knoxville, in the Free State of Tennesse Posts: 4,190	Digging up a dead horse, aren't you? Okay, I'll bite again. 1. Reloads: use reloads all you want. The threat is less that a lawyer will argue that you tried to make an even more dangerous bullet but will instead argue that you were such a gunnie, as evidenced by manufacturing your own ammo, that you were looking for a fight. That may be enough to convince lay people that a good shoot was somehow your fault. Also, and more importantly, you are giving up the ability to have experts accurately reconstruct the shooting. Unless you roll your own perfectly, keep accurate records and retain sealed exemplars of each batch, there will be no way to test your rounds for powder residue results, etc. as there would be with factory loads (where rounds from each batch are kept as exemplars for such situations). If you're round has a lower than normal powder residue, you're close range shoot may start to look like it was a bit farther away than you claimed. That could make you look like a liar and a murderer. 2. Choice of weapon. Everything, and I repeat everything, will be thrown at you at trial. Some of it will be blocked by the judge but not all of it. Remember O.J.'s dreams of killing his wife? That was let in even though it was patently inadmissible. The key to everything is to have a true explanation Why did you use an AR-15? I have studied articles that indicated the .223 is effective in stopping an aggressive intruder but is less likely to penetrate walls and harm bystanders. The weapon is easier to handle in some situations than a pistol, so if I am stressed, I am less likely to have an accident. Etc. Etc. Anticipate the attack and be prepared to deal with it before it's made. As for the so-called lack of case law, Westlaw does not pick up plea bargains coerced by a DA threatening these tactics. Westlaw does not list settlements forced by civil attorneys doing the same. And Westlaw does not include all cases. I've got several decisions on my desk, some of which should have been reported, but which you will never find on any database because the judge decided not to publish it. I don't base my decisions on Westlaw searches. I'm familiar with the concept of a test case and I don't want to be one.