"As much as the other attorney might like to present it, the lock on the S&W is a "STORAGE" lock, not a functional safety...Sure it might add some length to your trial, but I seriously doubt it would be any more an issue in the long run than that of using hollow point bullets or any caliber that has the word 'Mag-a-num' in it." Chris
Chris,
The wonderful thing about this forum and our great nation is the fact that we have the right of self-expression and opinion. By nature, and through life-experience, I am one of those individuals for whom the glass will always be half-empty rather than half-full.
Yes indeed, you are correct the key lock on S&W revolvers is a storage device, but it will be PERCEIVED as a saftey device. In court, perception is truth. If you were to be judged by a jury of your peers, such as the members of this forum, it might be a different story, but in fact you are NOT going to be judged by a jury of your peers. In fact, there is a good chance that at least a few members of that jury won't think that anyone other than a police officer or soldier needs a gun for any reason. Remember an attorney can develop any theory of the case, he or she wants, and there are just enough "sheeple" out there to embrace whatever whack-job theory a prosecuter or attorney for the plaintiff might come up with. As far as a trial goes, I can only speak for myself, but I would want a speedy a trial as possible, simply because the cost of a criminal trial would destroy me financially and the same for a civil suit.
Now you do raise a very good point about hollow points and the word MAGNUM. The hollow point argument can usually be dismissed (except in New Jersey where to the best of my knowledge they are still illegal for civilians) by demonstrating that is what the police carry, and the reason for it...which is not to provide reliable expansion (a very real reason) but that hollowpoints ensure that they are less apt to penetrate through a target and hit an innocent bystander. The M-word can be worked around, too. On the other hand if my handgun were a "Vindicator Avenger Cobra Master Blaster .500 S&W Magnum Special Bull Dog Pug" I might receive a less receptive response than say if I simply owned an "Officers Model" or a Model 10 or whatever.
Now I have worked in the criminal justice system for the last 7 1/2 years, and over time have seen many of my perceptions shattered by the reality of the system.
First and foremost, remember that the police are not your friends, and I don't care if your next door neighbor is one and you share barbecues and beer together, it doesn't matter your wife's cousin is a cop down in Plymouth or wherever, or if you are a security guard, constable, process server, EMT, dispatcher or other police agency civilian or a member of the armed services. You shoot somebody, you are a suspect...period. Figure that the prosecutor is really the persecuter, motivated by politics and that he or she does not particularly like you and may even hate your guts because you are equated with "gun culture" which is an anathema to many, it immediately means that you are a racist nazi sociopath in many fine legal minds.
Now you might say, hey...Mark, aren't you going off the deep end a bit ? To wit I would say yeah, there are exceptions to every rule, and I am sure that there are cops and prosecutors who do take the side of a lawfully armed citizen forced to use lethal force to defend himself or herself, BUT, IT IS NOT A GIVEN THAT THEY WILL DO SO. Good guys and gals wind up in jail because they have faith in the system.
The Romans had a proverb, which translated in English is;: "If you wish for peace, prepare for war." If you have undertaken the awesome responsilbity of arming yourself, the ordeal of a lethal encounter begins after you prevail over the bad person you shot. Be prepared to face a system you always believed in, and people you were taught to respect.
Mr. Murphy may be dead, but his law prevails on a regular basis.
Respectfully,
Mark