The Firing Line Forums - View Single Post - "Tactically" equipped HD weapons: More "fuel" for imminent prosecution?

Erich · February 6, 2009, 11:59 AM

Former prosecutor, longtime defense lawyer here.

First of all, I'm not able to see your photo on this machine and thus am commenting in general and not on your specific weapon.

It depends on who catches the case. Some cops are offended by "tactical" weapons, as are some prosecutors and grand jurors. The attitude of the cops and prosecutors involved in reviewing your shooting will certainly be reflected in the treatment that your case receives. Your appearance, the part of town in which you live, your connection to the person who was shot, the weapon that you used, your profession, your employment status, your attitude, and all the information about the person shot - these are all things that will be in the background when the state actors review your case and decide how to handle it. So will the overall political climate of your locale - this will also affect how the grand jury views your case after the shooting.

Your use of a "tactical" gun is not likely to affect a defensive shooting case in which Charles Manson bursts into your five-year-old's birthday party in the middle of the afternoon wielding an RPG and singing "Helter Skelter." But, in my considerable experience working on homicide cases, things are rarely so clear. Like Mas Ayoob advises regarding the use of handloads in defensive weapons, it behooves one to think before adding in another potentially detrimental variable.

I own EBR-type things, but my "house rifle" is a lovely walnut-stocked Navy Arms 92 short rifle levergun . . . a "cowboy gun."

Concern over appearances played a part in my selecting that gun for that role, even though I'm in a fairly gun-friendly area and defensive shootings with AK-47s have been no-billed by local grand juries. You may come to a different conclusion, but you are wise to consider this issue in making your determination of what's right for you.

As far as "how to deal with the issue in a hypothetical homicide trial"? No one can answer that, as the relevant variables in play aren't yet before us. You are wise to have the ability to coherently and reasonably explain the need for any additions to your base gear and your rationale for selecting that base gear. You would be wise to be prepared with the contact information for a good criminal defense attorney (how to find this has been discussed here many times) in the event that - God forbid - you would ever need one.

February 6, 2009, 11:59 AM	#7
Erich Senior Member Join Date: January 8, 1999 Location: Albuquerque, NM, USA Posts: 2,543	Former prosecutor, longtime defense lawyer here. First of all, I'm not able to see your photo on this machine and thus am commenting in general and not on your specific weapon. It depends on who catches the case. Some cops are offended by "tactical" weapons, as are some prosecutors and grand jurors. The attitude of the cops and prosecutors involved in reviewing your shooting will certainly be reflected in the treatment that your case receives. Your appearance, the part of town in which you live, your connection to the person who was shot, the weapon that you used, your profession, your employment status, your attitude, and all the information about the person shot - these are all things that will be in the background when the state actors review your case and decide how to handle it. So will the overall political climate of your locale - this will also affect how the grand jury views your case after the shooting. Your use of a "tactical" gun is not likely to affect a defensive shooting case in which Charles Manson bursts into your five-year-old's birthday party in the middle of the afternoon wielding an RPG and singing "Helter Skelter." But, in my considerable experience working on homicide cases, things are rarely so clear. Like Mas Ayoob advises regarding the use of handloads in defensive weapons, it behooves one to think before adding in another potentially detrimental variable. I own EBR-type things, but my "house rifle" is a lovely walnut-stocked Navy Arms 92 short rifle levergun . . . a "cowboy gun." Concern over appearances played a part in my selecting that gun for that role, even though I'm in a fairly gun-friendly area and defensive shootings with AK-47s have been no-billed by local grand juries. You may come to a different conclusion, but you are wise to consider this issue in making your determination of what's right for you. As far as "how to deal with the issue in a hypothetical homicide trial"? No one can answer that, as the relevant variables in play aren't yet before us. You are wise to have the ability to coherently and reasonably explain the need for any additions to your base gear and your rationale for selecting that base gear. You would be wise to be prepared with the contact information for a good criminal defense attorney (how to find this has been discussed here many times) in the event that - God forbid - you would ever need one. Last edited by Erich; February 6, 2009 at 07:42 PM. Reason: To add photos, just for the heck of it. :)