prosecution for legal modifications? - Page 5

prosecution for legal modifications?

This is a discussion on prosecution for legal modifications? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Thats it, im taking notes. If we go the full 20 rounds I just might get to skip the first sememster of law school.........

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  1. #61
    Member Array basher052's Avatar
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    Thats it, im taking notes. If we go the full 20 rounds I just might get to skip the first sememster of law school......
    Andy
    You may all go to hell and I will go to Texas - David Crockett
    When governments fear people, there is liberty. When the people fear the government, there is tyranny. Thomas Jefferson


  2. #62
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by basher052 View Post
    Thats it, im taking notes. If we go the full 20 rounds I just might get to skip the first sememster of law school......
    Even quicker to getting that sooper dooper internet scanned .pdf piece of paper!

  3. #63
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by ECHOONE View Post
    Not that it should but we all know that some stupid things can sway a jury, it all depends on who and what makes up your jury pool that day!
    And given what gene pool the jury pool is pulled from, do you want to risk your freedom on 12 people to lazy or stupid to get out of jury duty?

  4. #64
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by TedBeau View Post
    And given what gene pool the jury pool is pulled from, do you want to risk your freedom on 12 people to lazy or stupid to get out of jury duty?
    And sometimes it's not even that. A few years back, I had some significant time off and actually sort of wanted to be on a jury to see what it was like when I was called, but they sent me home, too. Oh well...

  5. #65
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by scotthsi View Post
    Why do people keep saying this? Most smart people don't use their exact full name with correct spelling on some internet forum, especially if it's unique, so how can a prosecution search the ENTIRE internet for an incriminating post(s)? If Marcus T. Esquire III is on trial and he said something here (or elsewhere) under the name of something like "badassmofo" two years or even 6 months ago, how can that be connected back to him? How would the prosecution even begin to know where to start? What if that person changed ISPs, moved, etc? Or has a dynamic IP address?
    Exactly, I want to see someone site a case where a DA got a search warrent for a computer in a shooting case! Computers don't kill people, Bad guys with guns do!

  6. #66
    Member Array Inspector_Gadget's Avatar
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    Realizing I am late coming into this, but would like to offer the following:

    As an LEO, I deal with lawyers, court rooms, and jurys far more than I would like, and I know one thing about all of them. You can't trust them. That being said, the old addage that "the most defendable firearm is the one local LEO carries" still holds true. Plus, knowing you are going to loose what ever gun you use, whether or not it is a legitimate use of force, I wouldn't want to loose my "prize handgun".

    So, my carry is identical to my duty weapon, unmodified, no special attachments, no tricked out holster. It is a tool, nothing more. It is the safest way to avoid the mudsucking lawyers. (ok, mudsucking isn't what I originally put, but I didn't want the message banned for saying what they REALLY suck.)

    This also helps out in your defending your "attitude" during an encounter or use of force. (goes directly to state of mind).

  7. #67
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by TedBeau View Post
    Exactly, I want to see someone site a case where a DA got a search warrent for a computer in a shooting case!
    Me, too. Or any other case where the internet was could be "somehow" distantly related, which is pretty much EVERYTHING these days. Like my example of a car accident where someone was killed and the person who caused it was drunk. Do they go trolling all the sites dedicated to alcohol to see if that person was intent on drinking, driving and then killing someone? Or all the car forums to see if he said the same or bragged about driving dangerously, street racing, etc? I've never heard of it, but that doesn't mean it hasn't happened... What would even make them suspicious that some old coot (Fish) was even on them there new fangled internets?

  8. #68
    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by ExactlyMyPoint View Post
    I was at a gun show recently. I was speaking with a Glock armorer and a customer. The customer was considering putting in the lighter trigger and we got into a discussion about modified guns and how the prosecutor would portray that in the courtroom. The armorer said basically you should be more concerned about a righteous shoot than whether you shoot someone with a modified gun. I am tending to concur. Although it will be interesting to follow this thread to see if anyone pulls up any evidence of a firearm modification and persecution by the prosecution.
    I've got 3.5lb. Ghost connectors in both of my Glocks.

    I've got a good lawyer and know the technical details more than well enough to keep him from dropping the ball. I'm not worried about defending a good shoot.

    If my firearm is SO hard to shoot that I miss my assailant and hit a bystander, I'm toast. There's no such thing as a "justifiable accidental shooting". You're responsible for EACH one of your bullets and where it goes.

  9. #69
    VIP Member Array gottabkiddin's Avatar
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    Quote Originally Posted by Inspector_Gadget View Post
    Realizing I am late coming into this, but would like to offer the following:

    As an LEO, I deal with lawyers, court rooms, and jurys far more than I would like, and I know one thing about all of them. You can't trust them. That being said, the old addage that "the most defendable firearm is the one local LEO carries" still holds true. Plus, knowing you are going to loose what ever gun you use, whether or not it is a legitimate use of force, I wouldn't want to loose my "prize handgun".

    So, my carry is identical to my duty weapon, unmodified, no special attachments, no tricked out holster. It is a tool, nothing more. It is the safest way to avoid the mudsucking lawyers. (ok, mudsucking isn't what I originally put, but I didn't want the message banned for saying what they REALLY suck.)

    This also helps out in your defending your "attitude" during an encounter or use of force. (goes directly to state of mind).

    By lose, you mean until all the inquiries are said and done and the Grand Jury and or State won't prosecute, right?
    "He that hath no sword, let him sell his garment, and buy one." – Luke 22:36

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." – Thomas Jefferson

  10. #70
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by Inspector_Gadget View Post
    That being said, the old addage that "the most defendable firearm is the one local LEO carries" still holds true. Plus, knowing you are going to loose what ever gun you use, whether or not it is a legitimate use of force, I wouldn't want to loose my "prize handgun".
    I've heard this and is a large reason I settled on a plain jane Glock 19 (only added night sights) for the majority of my carry with a stock pocket pistol (also 9mm) for the more discrete occasions. After all, it's just a little ol' 9mm and many police departments (dare I say most?) have moved on to more powerful rounds like .40S&W, .45GAP, etc. I figure anything at or below what the police carry can't really "hurt" me as when they tried to play the "more powerful than the cops" 10mm card with Harold Fish.

  11. #71
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by gottabkiddin View Post
    By lose, you mean until all the inquiries are said and done and the Grand Jury and or State won't prosecute, right?
    I've read some real doozies about people being hassled up and down trying to get their legally owned firearm back after it goes into police custody, for whatever reason. Cases where it would have taken way more time and money than what the gun was worth. Or it just up and went MISSING somehow.

    That's why I like my G19. Not that expensive to replace and they can be found everywhere.

  12. #72
    VIP Member Array tns0038's Avatar
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    If you’re involved in an altercation you want to make sure you portray yourself as the innocent victim who was left no choice but to take drastic action to protect your loved ones and yourself. You do NOT want to portray an expert who was out looking for a fight.

    That was the advice my martial arts instructor told us over three decades ago when we got our black belts, and it still holds true today, regardless what weapon you use.

  13. #73
    Senior Member Array Divebum47's Avatar
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    There are many people in this country that still don't see the harm in blurting out everything on their mind cause they think since they did nothing wrong that the justice system will let them go.
    Yup, and babble because they think the police are "their friends" and will see a shoot from the same point of view as their own. A buddy of mine has investigated a couple of shoots, and basically his attitude is collect the "facts" and let the lawyers sort it out.

    I think MitchellCT is absolutely correct.
    "Never underestimate the power of stupid people in large groups"

  14. #74
    Senior Member Array Rotorflyr's Avatar
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    IMHO, No one is going to be prosecuted on the basis that the gun used was modified...However, when a prosecutor does decide to press charges they are going to do what ever the can to get a jury to convict.

    That could indeed mean that the fact that the gun was modified will be brought up. As will your "Grim Reaper" grips, engravings, etc...after all it is their job to sway the jury in their favor.

    As for getting the gun back if/when cleared of any/all charges, I personally wouldn't be worried about it, cause it did it's intended job and I can always get another no matter how much of a "show piece" it may have been.
    When Guns Are Outlawed, Only Outlaws will have guns

    Just remember, When seconds count help is mere minutes away

    Also remember, When you go to trial by jury you are putting yourself into the hands of 12 people who weren't smart enough to get out of jury duty.

  15. #75
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by Divebum47 View Post
    I think MitchellCT is absolutely correct.
    Don't say that too often. You may make some people mad...

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