100% of the newspaper cases we discussed in law school, had incorrect facts, which we found, after reading the transcripts.
Fiddletown: Exactly how many motions have you argued in criminal court, and, how many plea bargains on criminal cases? I'm doing this just so I can brag that I've got more trial criminal court experience then you do.
"Personally, I have found my limitation, for some reason, I can't seem to remember how to spell Poseidon. " Don't feel bad, I have the same problem...
OK: Here are my legal arguments that apply to this situation:
"I bought the gun used, and had no idea the safety was missing."
Ignorance of the law is not an excuse, you are screwed.
"I bought the same firearm that our local police do (Smith and Wesson 41).
I used the same ammunition they do. I thought it would be perfectly safe and not overpenetrate, with the 250 grain HP's at 1200 fps."
About half the police I met at San Francisco retained the S&W .41 magnums they were issued, a long time ago.
Argument two:
"I bought the Sig Sauer P220 because my friend, who is the police armour, said that gun with the Hydrashock 230 grain hollow points worked, and that every time they used it, the result was a non-fatal, one shot stop."
True by the way, but not San Francisco.
"I don't believe I'll ever have to use a gun in a SD shooting. More likely to be hit by a shark, or lightning. Therefore, I have my target, and hunting guns, and, if I need to defend myself, I use one of those. I am aware of my back stops, and, this does not create a threat to human life. I also picked the gun I shoot the best, my .480 Ruger, since it was handy."
"This guy was a real cop wannabe. He was turned down by the police force. He bought a police vest and uniform, painting the car like a police car.
He joined the reserves. He bought the same Sig Sauer our police use, and used the same ammo. He even went so far as to buy a Spas 12 evil, black shotgun, with a 12 shot extension tube, illegal in California, with a Pistol grip.
He kept that under his bed. It's totally worthless for hunting, target shooting, or anything but blowing large holes in people with 00 buck, that's equal to 11 .357 magnum hollow point bullets hitting a person at once."
Finally:
"My client modified the magazine release because he is a target shooter, and, removing the magazine safety makes the gun fire more accurately, making it possible to hit his target considerably more often.
The gun was originally designed with that feature for the French, in 1935, as part of a military contract, and, outside the military, has no function.
In fact, with the magazine release in a easy place to accidentally hit, the magazine could be released under pressure, and, the defendant left helpless, since he would be unable to defend himself by discharging the round in the chamber."