Enhanced Firearms And the Courtroom
This is a discussion on Enhanced Firearms And the Courtroom within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by wwelch315
I think it would be very hard for a DA to convince a Jury
You make the mistake of assuming everything ...
June 26th, 2011 09:58 AM
You make the mistake of assuming everything went as it should.
Originally Posted by wwelch315
If that's the case, it's not an issue.
The cases which go to trial are those in which things aren't clean and clear...and then with contradictory statements given to the police, like the shooter saying "Oh, no! I...I...did I shoot him...I didn't want to..." and so on, or a shot in the back (which is justifiable...) or other cluster-****ed situations - THEN...
Then it's a dispute over what actually happened.
And in that case, it's a toss up.
June 26th, 2011 02:46 PM
The original post is flawed. There is absolutely no law anywhere in the country that allows for an extra ten yrs to be placed on a sentence because a gun has been enhanced. What is the legal definition of enhanced as far as guns are concerned? What could have been reported was an illegal conversion to full auto. There is a lot of worry here about nothing. If you read Ayoob, take it with a grain of salt. Keep in mind that much of his personal income is based on scaring you into taking one of his classes.
June 26th, 2011 04:15 PM
I routinely put nite sites and smooth grips on my guns. I contour the trigger, add an extended mag release and polish the feed ramp. I doubt any of these mods make the gun deadlier. As long as you don't tinker with the internals, I think you're safe. Making a revolver DAO certainly can't be used against you.
"First gallant South Carolina nobly made the stand."
Edge of Darkness
June 26th, 2011 05:51 PM
Spoken like someone with an axe to grind, or who thinks they know better...
Originally Posted by ranburr
June 26th, 2011 05:55 PM
I don't think Ayoob's purpose is to scare people into taking his class. I think his mentality is more : prepare for the worst and hope for the best.
June 26th, 2011 05:56 PM
What was he convicted of? I think most of us think you mean a shooting - I did. But was it that - or a weapon charge? I can't see how it could be with 10+ years of jail time involved, but thought it would be good to check out.
Originally Posted by Willieboy
Generally, playing around the internals of a gun you carry is not violating laws nor will it if you're in a shooting - but if the latter and it a contested case: prosecutors are certainly free to use any factual findings at trial. And you're altering your gun in a significant way is grist for the mill. So while not a legal matter in itself - it could be a used as a legal element in a future SD case - and likely would to cast you in a negative light.
It is probably more of a danger in an accident that harms others - for then your alteration, say lightening the trigger-weight, could definitely be used in a negligence suit - or cause the DA to charge you with a crime of negligence - by ignoring the manufacturer's specifications and actually changing them. In such a case, I think it makes you a sitting duck - just my own view, I'm not an attorney.
June 26th, 2011 06:01 PM
They OP is probably referring to a sentence enhancement. This is not at all uncommon. For instance, in Florida there is a hefty sentence enhancement for using a firearm with a capacity of more than 20 rounds in the commission of a felony (15 year mandatory sentence).
Originally Posted by ranburr
Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
Blame it on Sixto - now that is a viable plan.
June 26th, 2011 06:21 PM
I would love to know what this particular case was. How about it OP?
"All that is necessary for the triumph of evil is that good men do nothing."
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