Question about legal repercussions of SA trigger
This is a discussion on Question about legal repercussions of SA trigger within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; If I'm involved in a self defence situation where I have to pull and use my weapon, Im going to consider myself lucky to be ...
December 5th, 2006 12:16 PM
If I'm involved in a self defence situation where I have to pull and use my weapon, Im going to consider myself lucky to be alive because my very existence was threatend.
I don't spend alot of time worrying about how a lawyer may or may not use my choise of weapon, ammo, or what I choose to call my weapon.
Anything can possibly be used against you in court if you end up there. If a savvy lawyer found out that you belong to and post on a forum called "Combat Carry" I'll bet he would use that against you.
Having said that I would not pre cock a DA/SA pistol in a self defence situation. I feel for me this would slow down my reaction time and increase the chance of my thumb slipping in a very stressfull situation and causing the weapon to discharge at the wrong time. If I want my first shot to be single action I will carry a single action pistol and carry cocked and locked.
"Some people go to bed with Lucifer..........then cry, cry, cry when they don't greet the day with God."
December 5th, 2006 01:37 PM
Thanks for all the input. I'm just looking at buying another gun and I wanted to know if anyone had heard of sticky situations with SA. (I'm not conerned enough to call a lawer, but it was on my mind so I figured I'd ask.) Since I'm familiar with the DA/SA I'm going to stick with it.
December 5th, 2006 01:42 PM
December 5th, 2006 03:51 PM
If you are ever questioned by a lawyer in a trial that is when I would quote the great Ronald Reagan, "I do not recall" as you quite possibly couldn't remember if it was cocked or uncocked, right ?
Originally Posted by peacefuljeffrey
Life, liberty, and the pursuit of the ultimate CC gun!
December 5th, 2006 05:02 PM
Cocked & Locked will be no more of a problem than having bullets in the gun...just were does predetermination begin? If you are in a place you have a RIGHT to be, and you fear for your life...you had no part in the problem's development...you were truly a victim...well then, it's over!
"I feared for my life, and I thought I was going to die! I look forward to sharing the story of this brutal crime as soon as my lawyer arrives...")...zip lip...
Stay safe...be smart!
Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”
Certified Glock Armorer
NRA Life Member
December 5th, 2006 05:10 PM
IMO has alot to do with how safety aware you are and how much you practice. We had a incident in VA where a 16 year FFX PD Swat officer had his HK TAC in cocked in S/A. He hit his trigger and ended up killing a Pediatrician. Lots of people carry S/A 1911's cocked and locked Not my preference, but who am I to tell them they need to carry what I carry. I (singular) carry guns where it only requires little focus on dexterity,and small muscle groups to actually shoot the gun. Safety is your brain, not a piece of a metal. I am off the opinion that in adrelanie dumping situations you will be limited on the use of your dexterity (fingers, thumbs, ability to comprehend complicated tasks) What do you think "Buck Fever" Means? and the deer isn't shooting back. I.E. Not having to worry about flipping the safety off a gun most 1911's.
Originally Posted by lagpaddler
December 5th, 2006 05:28 PM
When I carry my 1911, I carry it cocked and locked. Otherwise, IMO it would be relatively worthless.
I've heard all about the Israeli draw and how fast they can rack the slide but if your first indication of a fight is a bullet in your weak side arm, you are screwed unless your 1911 is cocked and locked.
As far as what a prosecutor would say, I agree with the poster who said they will use anything they can to discredit you.
One scenareo I can see is the bad guy attacks and you shoot him. Then the prosecutor trys to convince the jury that you shot him by accident because of a light trigger and made up the self defense story to cover your butt.
I think the only real option you have is to do the best you can and if the SHTF, have an attorney who can help you articulate why you had to fire.
By the way, having said all that about the 1911, I plan to get a Glock 19 soon. The beauty of the Glock is that I don't have to worry about cocked and locked or a manual safety. I just need to make sure I don't put a round in my foot while holstering.
December 5th, 2006 06:30 PM
I'm guessing that the instructor was talking about a gun that isn't normally carried cocked and locked, like a revolver or a DA/SA autoloader with a decocker. If you had one of these, and manually cocked it during an encounter but before you were justified in using lethal force, a prosecutor could argue that you'd made a decision to shoot before you had adequate justification. I think it's a totally bogus argument, but prosecutors make a lot of totally bogus arguments in self defense cases.
Originally Posted by lagpaddler
I don't think this really applies to guns that are made to be carried cocked (1911, Hi-Power, etc.). If you carry a stock gun, the way it's designed to be carried (whatever that is) I think you can put up a very good defense if an incident ever goes to court.
However, I think there is a purely pragmatic argument for not cocking a revolver in a self-defense situation. A lot of cocked revolvers have very light triggers. Particularly if you haven't practiced with them in SA mode, it's quite possible to have a ND with a cocked revolver.
December 5th, 2006 09:09 PM
At the point of a criminal's planning. It's legally the pre-planning to commit a criminal attack and, of course, has zero to do with preparedness of the innocent.
Cocked & Locked will be no more of a problem than having bullets in the gun...just were does predetermination begin?
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