Liable if Using Odd/Big Caliber???

[tionico]

So, I pack a .25 ACP, poke a few holes in the rotter attacking me, making him more enraged, he is able to do some serious and permanent damage to me but I survive, and so does he..... and he lies to the jury. Everyone knows the little popgun CAN kill.. it just takes more skill.

On the other hand, I mimick Dirty Harry, carry a LONG .44 Mag with JHP rounds, one shot the perp is on the floor, dead. He can't lie, and hasn't had the chance to hurt me. Everyone knows the .44 Mag CAN kill.

Either way, the prosecuting attorney will do his level best to paint me into a corner as a certifiable refugee from the nuthouse. In the second scenario chances are a tad better... no first-hand witness/"victim" to lie against me, and no serious and permanent injury to my person. The lawyer's tab will likely be about the same in either case.

I'll take the second option if possible.....

by the way, seems the local constabulary choose from several rounds for their issued sidearms.... .38 Sp, .357 Mag, 9mm, 10mm, .40 S&W, and in some cases even .45 ACP. ALL are chosen for their lethality, and their "stopping power". Any of those would be a suitable choice.....

 

[reloadem]

and at the end of the day you owe 500k

Still better than dying.

 

[oldkim]

I guess you can always play the scenario game and have it go one way or another.

For a straight forward attack. Say you're walking and you get jumped by 3 guys with weapons. You manage to get them off you and you shoot one and the rest flee or not. That's a straight forward self defense case.

Now you take it a step further and proceed to run after the attackers and you find one that is wounded and you shoot him.... then you have crossed that line.

Either scenario the caliber really doesn't matter as it's the actions that will get you in trouble.

Yes, possible civil action can be taken but that's all after the incident. You can't control that but you can control what you do.

I guess it all depends on your specific scenario you are playing with and what happens. Other variable would be what the prosecutor's office wants to make an example of you and what the police investigation reveals.

Whatever happens just keep it simple. Be as cooperative as possible with the police - just keep to the facts. If you are in doubt just tell them you can't remember right now. It happened too fast. Get some professional guidance as soon as you can.

 

[littlecars]

I have never pulled my gun and I hope I never do. If I am forced to, I am going to make sure my side of the story is the only one ever heard!!!

 

[capdek]

Here's my 2-cents on the issue - for what it's worth...

Besides the strict guidelines defining when you can use deadly force that any CHL holder learns, here were some additional guidelines I came away with:

1. Stick to guns, calibers and factory loaded ammunition most commonly used by police.

2. Keep all notes and course materials from any and all classes to establish proper training.

3. Know an attorney who is both pro-gun and well-versed with the laws pertaining to self-defense.

3. A gun owner will likely be traumatized at having to utilize deadly force. Consequently, defer saying anything more than the bare minimum at the time of the incident until you can gather your composure and speak with your attorney.

Personally, I think it's also wise to take a hands-on, police-certified, defensive handgun training course like OFA's Defensive Handgun I class for example (which I haven't done as yet, but intend to do). It seems reasonable to assume that proof of police-certified, practical training in the defensive use of a handgun would have a positive influence on any judge or jury.

But most importantly, hope and pray you never actually have to use that concealed handgun!

 

[beararms5000]

Everyone's kind of discussed to death the likelihood of being convicted or sued for the shooting of an assailant but one other area where choice of gun/caliber/bullet might really come into play would be the accidental wounding or killing of a bystander during an otherwise justified shooting. In that case, the use of a particularly high-powered round or a bullet known for over-penetration or ricochet could be deemed recklessness and help you to be found criminally or civilly responsible for whatever "collateral damage" arises.

 

[CastleFox]

I was told by a retired Sheriffs Deputy that using a pistol was an acceptable form of neutralizing a threat, however, if you use to large of caliber, or an odd caliber, you can be liable for cruel and unusual punishment or even pre-meditated murder!!??

It was explained to me that the whole theory behind concealed carry was to merely stop the threat, not remove appendages....? It's my belief if I am forced to draw.. its a life and death situation, and not just "wound" the attacker but shoot till they quit moving.

What are your thoughts, and is there any truth to this?

So because I use a .22LR I will be less Liable then someone who uses a 9mm? LOL What a joke. Never heard of such a thing. DEAD IS DEAD. Justified is Justified.

I have heard about RELOADS being possible "Liabilities" when it comes to the DA trying to mess with you. Best to use every day normal FACTORY loads anyone can buy.

 

[Keane]

So because I use a .22LR I will be less Liable then someone who uses a 9mm? LOL What a joke. Never heard of such a thing. DEAD IS DEAD. Justified is Justified.

I have heard about RELOADS being possible "Liabilities" when it comes to the DA trying to mess with you. Best to use every day normal FACTORY loads anyone can buy.

EVERYTHING is a liability when the DA tries to mess with you. No matter what you do, what decisions you make, etc, the DA will use it against you. It is his job. Too light a trigger? BAM. Too heavy a trigger? BAM. A medium trigger? BAM.

Just get a justifiable shoot, and don't hurt any bystanders, then get a good lawyer, and you won't spend time in prison.