Win or loose, it's never going to go back to "life as before"
I also see that you are in NH. I can honestly say that I think you and I have less to worry about in this regard than our friends in MA do.
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"assault rifle" for home defense = legal issues?
- Thread starter 6fthook
- Start date
Win or loose, it's never going to go back to "life as before"
I also see that you are in NH. I can honestly say that I think you and I have less to worry about in this regard than our friends in MA do.
Oh, I understand, it'll never be the same.
Yeah, sometimes I think of moving, just in case the job moves, or have to take care of relatives, whatever reason. The more I realize what liberties I still have here in NH, the more I don't want to drive to visit family out of state--let alone move.
Yeah, sometimes I think of moving, just in case the job moves, or have to take care of relatives, whatever reason. The more I realize what liberties I still have here in NH, the more I don't want to drive to visit family out of state--let alone move.
If it moves and doesn't belong in your house.....make Swiss cheese with whatever is most conveniet
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No... You follow the rules of force for the situation you are in. If you shoot the guy in the back as he runs out the door I, and most others here, will not be paying into your defense fund.
Well God no, not in the back! Perhaps I was a little loose with the language. Obviously I will give them the chance to leave/surrender! I'm saying if someone is threatening you in your home, shoot them with whatever you can get your hands on.
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![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
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Being loose with language is fine if we are talking about kitties and balls of yarn. With the subject of self defense it is best to not be so loose.
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
Being loose with language is fine if we are talking about kitties and balls of yarn. With the subject of self defense it is best to not be so loose.
Good point
+1
Dial 911, when 911 operator answers, turn on speakerphone, Yell "LEAVE NOW!", then "OMG he's coming after me". Then (your choice of) BOOM. Then, in a frantic voice, tell the 911 operator to send an ambulance.
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
I somehow doubt that has happened. If so, please show some examples of this happening in MA.
Going out on a limb here, but I bet if you threw a loaded lever gun and a loaded AR15 in front of 20 average Joes who aren't GFW, but also not gunnies, I'd bet that the majority would be able to fire the lever gun and the majority would NOT be able to fire the AR15.
Bill Nance
Banned
It's been said already. If it's within the home and you didn't do something stupid like shoot him in the back as he was running out the door you have nothing to worry about on the criminal side.
It's the case where the shoot itself is on or just over the borderline that you need to worry about. And shooting an intruder, armed or not, in your house, is not one of those cases.
Civil suits are another matter.
J
Jose
At the cost of significantly more recoil, less ammo capacity, and more difficulty in maneuvering in close quarters.
For a home defense long gun, I choose this
wheelgun
NES Member
A snubbie is an extreme compromise designed for carrying. If you have a choice you should use a 4" or even better, a 5-6" barrel for home defense. The extra barrel weight and length greatly reduces recoil as well as flash and blast. It also significantly increases velocity, critical for most JHP's. Why wrestle with recoil and limit yourself to .38+P in the snubbie when you can shoot full house .357's comfortably and with control in a 6" revolver?
And in Massachusetts, "keeping a gun in your nightstand 'on the ready'" violates the requirement that it be "under your control" while you're asleep. Use of a quick access lock box is the solution for that.
ETA: Since plastic guns are so common these days (used by the vast majority of police as well as a very large percentage of civilian auto users), I doubt they would concern a jury anymore than the concept of using an auto in general. I don't have the data, but since Glock, S&W, Springfield and Ruger are all producing plastic in such large numbers, I wonder if they now actually outnumber metal autos.
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Titan
Banned
IF ever involved in a self defense shooting in your home (or anywhere, for that matter), tell the officers you want to talk to your lawyer, and get a good one.
A good gun lawyer will be able to defend your use of any of those weapons used and point out the appropriateness of their use in home defense.
Beyone that, you're always subject to the vagueries of the jury system.
.
A good gun lawyer will be able to defend your use of any of those weapons used and point out the appropriateness of their use in home defense.
Beyone that, you're always subject to the vagueries of the jury system.
.
I question the need to immediately lawyer-up for an o-dark thirty shooting at your own home. I don't understand yet how it works, but it seems to me that making a statement at home, at least before going to the station, makes sense. [I presume going to the station is part of the process?] Makes one look less guilty, like one had nothing to hide. I mean, if it's a clean shoot, why would they prosecute? Wait until morning to lawyer up. [I have to wonder if having a lawyer on speed dial isn't also something of an indicator.]
Titan
Banned
This issue has been debated many times. I didn't intend to get into it again.
I believe that conventional wisdom and the advice of many experts is to say as little as possible. Many people have a short little 'script' they would intend to deliver on such an occasion that prevents them from incriminating themselves in any way, and requests their lawyer.
There is a lot that can be found here in the forum on this topic.
I understand that the law may support home defense, but even in the most 'friendly' areas, there are lawyers who MAY attempt to portray you as a murderous fiend.
There are countless cases of people who made statements or 'answered a few questions' and lived to regret it.
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glostamon
NES Member
Gosh your critical... The OP is from CT,can they keep a loaded revolver in their nightstand in Conn. ?
I know noone in Mass. would keep a loaded handgun in their nightstand..geez
BTW my post was a spoof (dry humor)although somewhat valid & not that funny[sad2]
J
Jose
If you knew what you were talking about you would not question it.
I live in a state where CCW is shall issue, where no licenses are needed to own any firearm of any kind, where there are no storage requirements like yours, where the state does not record any firearm sale or transfer transactions, where there is no AWB of any kind, where state law trumps and invalidates any municipal gun control ordinances, a strong castle doctrine, and a law that bars those injured or killed in the commission of a crime from recovering any damages in civil court.
And I still have consulted with an attorney recommended by my CCW class instructor (who happens to be a LT in the neighboring county's Sheriff's Office) and have his card and his 24 hr phone with me at all times.
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You need to watch this video. It will give you an entirely new perspective.
http://media.regent.edu/lawPreview/031408_DontTalktoPolice.wmv
S
steveyc272
I wouldn't think twice about what kind of firearm I used, nor would I be hesitant to shoot a perpetrator in the back if I thought he/she was still a threat, but I would never say a word to the police. They will use everything you say against you, but not for you.
To the OP, I think this is a valid question, and the fact that someone asked it means that it's possible that a potential juror could be thinking along those same lines.
My advice (for what it's worth) would be what the others have said, stay legal, and use whatever fits your needs best. I wouldnt recommend using something like this if you could avoid it, because it has no redeeming practical or tactical value, but it is something that might make a non-gun person uncomfortable. I wouldn't hesitate to attach a flashlight, high cap mag or flash hider to a gun provided it's legal and it's something I felt would be of legitimate use to me in a self defense situation, but I'm not going to have my gun engraved with "If you run you'll only die tired" or put a "Steal here, die here" sticker on my bedroom window.
Keep in mind that court is a game, one that most people aren't used to playing. A good attorney will know all the ins and outs, so if you do have to shoot someone in self defense, lawyer up and submit to the process. Make an effort to not come off as a nutcase in court, but stay within reason in your plans. Keep in mind that your actions and your words are going to be the two biggest factors in determining if you get charged/convicted, not what color your gun was. Harold Fish's caliber selection was made a big deal in his trial by the prosecution, but that was only after a very borderline self defense shooting and exhaustive statements to the police.
So in short, make sure your defense tools (guns, knives, mags, etc.) are legal, make sure they're the best tools for the job, and as long as those two criteria are met, everything else is secondary, but still worth considering IMO.
Daniel Cotnoir was someone who got screwed in Mass. post self-defense shooting, in his home.
The issue in Mass. is that you're not just facing a jury trial, you're also facing a trial by police chief/licensing officer, one with no standards other than the chief's feelings, which could result in you losing all of your guns for months or years at a time.
No, but since there is a chance that you could get Nifonged, how things will look in court is at least worth considering.
In some states (mine included) if someone's in your home, shooting them in the back is 100% justified. It can also be justified in Mass., as long as your life or someone else's is in immediate inescapable danger at the time, which is possible even if the attacker's back is to you.
Correct me if I'm wrong, but in Ohio isn;t it illegal to have any magazine that holds more than 30 rounds? Isn't that an AWB of sorts?
Well said.
My advice (for what it's worth) would be what the others have said, stay legal, and use whatever fits your needs best. I wouldnt recommend using something like this if you could avoid it, because it has no redeeming practical or tactical value, but it is something that might make a non-gun person uncomfortable. I wouldn't hesitate to attach a flashlight, high cap mag or flash hider to a gun provided it's legal and it's something I felt would be of legitimate use to me in a self defense situation, but I'm not going to have my gun engraved with "If you run you'll only die tired" or put a "Steal here, die here" sticker on my bedroom window.
Keep in mind that court is a game, one that most people aren't used to playing. A good attorney will know all the ins and outs, so if you do have to shoot someone in self defense, lawyer up and submit to the process. Make an effort to not come off as a nutcase in court, but stay within reason in your plans. Keep in mind that your actions and your words are going to be the two biggest factors in determining if you get charged/convicted, not what color your gun was. Harold Fish's caliber selection was made a big deal in his trial by the prosecution, but that was only after a very borderline self defense shooting and exhaustive statements to the police.
So in short, make sure your defense tools (guns, knives, mags, etc.) are legal, make sure they're the best tools for the job, and as long as those two criteria are met, everything else is secondary, but still worth considering IMO.
Daniel Cotnoir was someone who got screwed in Mass. post self-defense shooting, in his home.
The issue in Mass. is that you're not just facing a jury trial, you're also facing a trial by police chief/licensing officer, one with no standards other than the chief's feelings, which could result in you losing all of your guns for months or years at a time.
No, but since there is a chance that you could get Nifonged, how things will look in court is at least worth considering.
In some states (mine included) if someone's in your home, shooting them in the back is 100% justified. It can also be justified in Mass., as long as your life or someone else's is in immediate inescapable danger at the time, which is possible even if the attacker's back is to you.
Correct me if I'm wrong, but in Ohio isn;t it illegal to have any magazine that holds more than 30 rounds? Isn't that an AWB of sorts?
Well said.
J
Jose
Correct. It is an old law that has very little effect. It certainly has not affected my ability to buy PMAGs and USGI mags for my AR nor 17 round mags for my M&P.
So I guess one could see it as an AWB that has no practical effect in what people can do.
I guess if you want to have a Beta mag it might be a problem. But since no one who is serious about using rifles in combat or self defense uses them, I lose no sleep over it.
That was a very good post! I always thought that if I am innocent, there is nothing to hide. This definitely changed my perspective.
+2
That link won't play for me. Must not like Firefox.
I haven't had a chance to go read the other threads yet; but I've always figured that failure to talk to the police would be automatic grounds for arrest. That would seem to be a lousy way to start ones defense (in the eyes of the court). I'm also reluctant to get a lawyer on speed dial. It just seems like an automatic admission of guilt, but the same could be said of auto insurance ("what, were you planning on having an accident?"), I suppose.
Sorry for the thread derail...
I haven't had a chance to go read the other threads yet; but I've always figured that failure to talk to the police would be automatic grounds for arrest. That would seem to be a lousy way to start ones defense (in the eyes of the court). I'm also reluctant to get a lawyer on speed dial. It just seems like an automatic admission of guilt, but the same could be said of auto insurance ("what, were you planning on having an accident?"), I suppose.
Sorry for the thread derail...
Here is a link that should work:
http://www.youtube.com/watch?v=6wXkI4t7nuc
The attorney in my sig specializes in self defense. I have not met with him yet, though I hear he is one of the best.
Someone pointed out earlier that a lack of conversation with the police and a request for a lawyer cannot be used against you in court.
