GUN Conceal Carry A Modified Gun?

Discussion in 'On Topic' started by Landfill, Dec 1, 2008.

  1. Landfill

    Landfill New Member

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    I am looking for information / discussion about what people know from criminal and civil law standpoint about using a modified weapon for self defense purposes. By modification I mean replacing the original manufacturers parts with aftermarket or other manufacturers parts. I have yet to see anything in writing or specific cases but I have heard rumblings from people I work with that they would never modify their gun because it looks as if you intended it to "kill more efficiently" and basically points blame towards you instead of the criminal. But on the other side of it, a righteous kill is exactly that, you did it within the means of the law in self defense and the fact that your weapon was modified would never come into play so long as the jury sees the kill as something a reasonable person would do in that situation.

    Just looking to see what you guys think, know, or have heard.
     
  2. This comes up pretty often, and I don't think I've ever seen anyone cite an actual case where it was successfully argued that, even though a shoot was good, the shooter was somehow in the wrong for having a modified gun.
     
  3. footratfunkface

    footratfunkface New Member

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    I agree that I have issued the same question/challenge before, and so far, no one has replied with a case where someone has been charged or convicted based on a LEGAL self-defense using a modified firearm.
     
  4. minus

    minus Damn you, Damn the Broccoli, and Damn the Wright B

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    Thinking of carrying the springfield?
     
  5. GlobeGuy

    GlobeGuy New Member

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    .
     
  6. 1979TA

    1979TA OT Supporter

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    Basically, the advice I was given by a gun lawyer, is that while you may not be convicted for carrying "Lead Death Personal Defense" rounds shot out of a "Highly Modified Handgun with Punisher grips", it is certainly going to make it more of a hassle if the case goes to grand jury to look at indictment.
     
  7. yar1182

    yar1182 New Member

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    Been discussed to death. A good shoot is a good shoot. A bad shoot is a bad shoot. There is not one documenented case where somebody got hosed for using a modified self defense gun in court (civil or otherwise) IF it was a good shoot.

    Only cases that have been cited were the opposite. Some cops used the modfified gun as a defense for a bad shoot. "Your honor it was not my fault the gun has a hair trigger. I did not means to kills the childrens!"
     
  8. Landfill

    Landfill New Member

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    Yes, its an unbelievable tack driver, though heavily modified so I have not decided one way or the other yet.
     
  9. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    Yep, grand juries only examine if probable cause exists. You may be innocent as the day is long, but if they find "probable cause" they can indict you and the criminal proceedings start.

    Mostly depends on the DA if they want to press charges through to the end. If you have a "heavily modified" CC firearm and you like to start stuff or purposely get into situations where you know you will draw down, then the DA has a much stronger case against you for a "bad shoot".

    Where as if you are just walking down the street minding your own business with a "heavily modified" gun with defensive rounds and get mugged out of no where and drawing down to defend yourself "good shoot".

    edit: ditto yar
     
  10. 1979TA

    1979TA OT Supporter

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    Yep. Problem is, Lets say I was in the City of Columbus and I am carrying a heavily modified firearm with "lead death super kill" ammo, I get mugged, and I am involved in what would be classified in the gun community as a "good shoot". Problem is, Columbus is moderately anti-gun. If the DA wants to pursue charges, I have a better chance of getting indicted in front of a bunch of morons. Better chance of getting convicted? Nah. But it's going to cost more money.
     
  11. yar1182

    yar1182 New Member

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    The truth is anytime your involved in a shooting and they want to make an issue about it, it is going to cost you money. The modfied gun is just one more thing and it is not as big a deal as everyone makes it out to be. Even idiot DA's don't like losing cases so if it's a good shoot chances are they are not going on a witch hunt.

    If the pistol is modified for the purpose of being more reliable, accurate, and ergonomic then I would say it is worth any "potential" hassle after the fact if it will increase the chance of you surviving a confrontation.
     
  12. jabbadeznuts

    jabbadeznuts ΜΟΛΩΝ ΛΑΒΕ

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    This.


    All a grand jury needs to hear is "hair trigger."
     
  13. jabbadeznuts

    jabbadeznuts ΜΟΛΩΝ ΛΑΒΕ

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    And that is why I carry a Glock.
     
  14. GlobeGuy

    GlobeGuy New Member

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    because it's a perfection!!!
     
  15. yar1182

    yar1182 New Member

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    Like I said if it is a good shoot trigger pull weight does not matter.

    Also as I said trigger pull weight was used several times as a DEFENSE for several law enforcement officers in BAD shoots. The most famous one used massad ayoob as an expect witness for the defense. He testified that lew enforcement officers should not have light triggers and that this particular officer somehow got a light trigger in his duty gun. Thus the officer was not completely at fault for using deadly force when it was not warrented.

    Jury bought it and reduced the charges and settlement.
     
  16. Admitted

    Admitted I shouldn't be on OT right now.

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    Taking the LSAT Saturday, again. Hopefully my explanation of the logic used in that argument would put that cop behind bars. But I don't want to do public law.:mamoru:
     
  17. yar1182

    yar1182 New Member

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    What logic? Should be cut and dry. Good shoot = no jail, case dismissed. Bad shoot go strait to jail.

    Trigger weight, gun used, etc etc should not even be a factor.
     
  18. Admitted

    Admitted I shouldn't be on OT right now.

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    That is what I'm saying. A hair trigger is a trigger. You intentionally put your finger on the trigger and pulled. Whether it was 1cm or 1 inch, you pulled the trigger. A "hair trigger" should not be used as a defense or as reasoning to lessen a sentence.
     
  19. 1979TA

    1979TA OT Supporter

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    But it is, because people are sheep. Look at the laws your home state has regarding guns.

    The point is not whether or not you win your case, the point is, you need to avoid a case all together.

    When looking at a grand jury indictment, you REALLY feel that a group of sheeple wouldn't sit there and think that because you were carrying a gun called a "tactical commander" that was "highly modified" with "'Punisher'" grips and "super lead death" ammo, that you weren't looking for trouble?

    Please. I would rather avoid the trial all together by trying to carry myself as innocent as possible.
     
  20. Admitted

    Admitted I shouldn't be on OT right now.

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    Eh, with what I have carried, Sig P250 with Ranger-T +p, and what I will soon be carrying, STI Tactical 4.15 with Ranger-T +P, I'd still not worry about it.
     
  21. PanzerAce

    PanzerAce Active Member

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  22. 1979TA

    1979TA OT Supporter

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    BaAaAaAaAaAaAaAah
     
  23. LancerV

    LancerV Something Happened OT Supporter

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    Dont tell them you modified your gun :hsughno:
     
  24. Admitted

    Admitted I shouldn't be on OT right now.

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    Cuz I'm sure that they won't take your gun as evidence if they decide to bring a case against you.:rofl:
     
  25. jabbadeznuts

    jabbadeznuts ΜΟΛΩΝ ΛΑΒΕ

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    In a perfect world, you're on the dot.
     

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