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Old June 4, 2012, 03:18 PM   #22
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 5,084
Quote:
Originally Posted by Marquezj16
Quote:
Originally Posted by cookie5
Has there ever been a case where handloaded ammo caused a problem? . . . .
I would like to rephrase this question.

Has there ever been a documented self defense shooting in which the shooter was convicted of a crime because they were using hand loaded ammo?
Though perhaps you did not mean for it to be, this is something of a red herring. There are problems in the way you've rephrased the question.

First: If a case is a "documented self-defense shooting," then the shooter has been able to carry his burden of proof on the issue of self-defense. Accordingly, he cannot have been convicted of a crime. In this case, it is unlikely that the State would have appealed, and it could be very difficult to locate such a case. OTOH, if the shooter was convicted of a crime, then he did not carry his burden of proof on SD, and, the case cannot be a documented self-defense shooting, unless an appellate court overturned the decision (of course).

Second: In every jurisdiction of which I am aware, the rules of evidence remain the same, whether the case is a criminal prosecution, a negligence case, or a breach of contract case. The problems inherent in using handloads are evidentiary in nature, so the fact that one particular case does not have an element of self-defense to it does not diminish its value as a predictor of possible future rulings.

Third: It overlooks the difficulties in finding self-defense cases which meet suitable criteria. By "suitable criteria," I mean: (1) an allegation of SD; (2) use of handloaded ammunition; and (3) a decision with some useful guidance written into it.

Of all of the cases that are ever resolved by a court, very, very few are reported to any sort of searchable database. If no charges are filed, most of us will never be able to locate a report. If the defendant prevails at trial, most of us will never be able to locate a report. If the case is ruled not to be SD, and the defendant is acquitted, we will only find the case if the defendant appeals, and if handloaded ammo is an issue.

So my answer to your question:
Quote:
Originally Posted by Marquezj16
Has there ever been a documented self defense shooting in which the shooter was convicted of a crime because they were using hand loaded ammo?
is no. As the question is written, there is no such case. That, however, is largely irrelevant.

A good shoot is only a good shoot after the police, the prosecutor, and possibly a judge and jury decide that it is.
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