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| Concealed Carry Issues & Discussions Discussion regarding concealed carry licensing, issues, methods of concealment, etc. |
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#1 |
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Member
![]() Join Date: Aug 2008
Location: Phoenix, AZ
Posts: 15
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Non-factory modifications and the law
Trigger jobs, aftermarket barrels, compensators, etc... 'smith work in other words. How does law percieve these modifications in the event that the weapon is used in self defense, assuming justificaiton?
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#2 |
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Distinguished Member
![]() Join Date: Jun 2005
Location: Springfield, Missouri
Posts: 1,755
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take a look at this thread, it discusses basically the same issue
When buying a gun, have you ever considered what a jury might think?
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"There are no substitutes for violence of action and volume of fire..." ~Otto Skorzeny If you carry in Condition 3, you have two empty chambers. One in the weapon...the other between your ears. Matt K.
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#3 |
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Member
![]() Join Date: Aug 2008
Location: Phoenix, AZ
Posts: 15
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Thanks Kenpo, some very interesting perspectives there. I was not aware of the retired teacher (reportedly from AZ, as am I) that was convicted of murder (?) becaues he chose to carry a 10mm.
SAY WHAT??? I'm going to research that case. That's spooky... |
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#4 |
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Member
![]() Join Date: May 2006
Location: Kentucky
Posts: 446
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There is also some cases that Ayoob has cited agains't having a "Hair Trigger" modification to your concealed weapon of choice.
If I can find them again, I'll post the article. In two cases the prosecutor used the modification to a lighter trigger as negligent homicide. I believe both cases involved unintentional discharges which resulted in the death of the assailant, even though a deadly threat was eminent. I believe they may have even been New York cases.
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"I'm ridin, I'm shinin up my saddle" Aerosmith "Back in the saddle" |
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#5 |
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VIP Member
![]() Join Date: May 2006
Location: Southwest
Posts: 2,018
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The Fish case in Arizona
I've read the long description of this Arizona case, which involved a man named Fish as the 10mm shooter. Although the caliber of the gun was mentioned in court by the prosecutor, I believe the critical factor in Fish's conviction was that the man who charged at him was mentally unstable and unarmed. There was reasonable doubt by the jury that Fish had to use deadly force at that point.
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Firearms are second only to the Constitution in importance; they are the Peoples' Liberty's Teeth." - George Washington |
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#6 |
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Distinguished Member
![]() Join Date: Feb 2008
Location: Rowlett, Texas
Posts: 1,243
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You can bet that a prosecuting attorney will use everything against you he can from gun mods. to the caliber you chose. I know from experience.
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Psalms 144:1 Blessed be the Lord my strength, which teacheth my hands to war, and my fingers to fight. Senior Instructor for Tactical and Defensive of Texas CHL INSTRUCTOR Retired LEO NRA member TCHA member |
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#7 |
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Member
![]() Join Date: Jul 2008
Location: The Land of Enchantment
Posts: 234
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In the case of the teacher, I think his lawyer failed to point out that the 10mm is roughly the equal of the .357 Magnum which most people know is a common defense caliber. If it's a case of self defense, the caliber is irrelavent.
As far as modifications go, items like hair triggers and exploding ammo are out. Night sights, modifications which make the gun more reliable and accurate are generally accepted as positive. Using ammo similar to what the local police use is also a plus. One just needs to be gun savvy and have an attorney that is too.
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"You lookin' for me Major?"
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#8 |
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Senior Member
![]() Join Date: Jan 2007
Location: Texas
Posts: 1,104
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I think a lot of it depends on the mentality of the prosecutor. If you limit yourself to things like finishes, grips and night sights you would be fairly safe. If you start talking about trigger jobs the ice could get very thin, very fast.
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"And what would you do with your brain if you had one?" - Dorothy |
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#9 |
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VIP Member
![]() Join Date: Dec 2007
Location: crawford county, arkansas
Posts: 4,949
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I'll agree that lightening a factory trigger pull might be a bad idea....not just in the eyes of the law, but for safety purposes also. Heck...if it came down to swaying a jury, a knowledgeable attorney could probably turn your choice of a SA pistol into intentional malice since DAO and DAK action pistols are also widely available.
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RamRod-----sans remords |
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#10 |
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Distinguished Member
![]() Join Date: Jan 2007
Location: State of Discombobulation
Posts: 1,870
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It depends.
It depends on the modifications and if you can articulate why you had the modifications made. If they pass the "reasonable man" test, you should, I repeat, should be OK. I've added better sights, rendered my carry Revolvers Double Action Only, and had an "Action Job" done all to faciliatate putting the bullets where I intend to put them, with accuracy. Take it for what it's worth, I'm not a lawyer, nor did I stay in a Holiday Inn Express last night. Biker ![]()
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"The road to Hell is paved with good intentions." |
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