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Old September 15, 2012, 10:12 PM   #123
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 6,868
Originally Posted by Marquezj16
I never said there were no risk.

I pointed out your statement that handloads could get the shooter in trouble and the shooter will not be allowed to present their load data as evidence. . . . .
Handloads could get the shooter in trouble, in the sense of significantly complicating the shooter's life. That's the whole point that I've been trying to make. Is that not like saying "there is a risk?"

As far as load data, I've looked for cases in which a handloader's data has been allowed in, or in which GSR testing based on a handloader's data was allowed in. I've never found one. All of the cases on this issue that I've ever seen point toward exclusion. If you've got a case that says it should be admitted, I'll be glad to read it. For that matter, if you have any information or leads on a case that point to admission, give me the information and I'll even try to track it down for you.

Originally Posted by Marquezj16
Also, your statements imply that statements made by the shooter will not be taken as the truth by the prosecutor. Those as not hard facts, they are your opinion.
Prosecutors are lied to all the time, which tends to make them a little skeptical. So they may not be believed. That statement is purely speculative. So? Any statement that the shooter's statements would be believed are just as speculative. Also, even if they're my opinions, it's an educated opinion. I've spent the last nine years in litigation, and I just passed my decade mark as an attorney. I've said it before and I'll say it again. Not all opinions are equal. I don't tell my mechanic how to fix my transmission, and he doesn't tell me how to write my Motion for Summary Judgment.

I'm not asking you to agree with my risk assessment, M. You are by no means required to. However, throughout much of this thread, it appeared to me that you were taking the position that there was absolutely no basis for legal concerns about handloads. As I've stated, there is a particular set of circumstances under which the handloads issue can present itself. Unfortunately, if and when it does, it has the potential to be a really big problem for the shooter.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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