Not entirely baseless, at least in the sense that Punisher grips or "Smile! Wait for flash!" engraved around the muzzle won't do any favors for the defense.
Any normal handgun should be fine, assuming one's actions were justified, but some touches could cause problems.
In any case, I would expect to need an attorney and a defense expert witness or two.
Edit: I don't know what the pocket .380 issue would be. I typically carry a 1911 or P01, but in more restrictive clothing might carry a P7, PPS, or 442.