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Harley Dude
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Discussion Starter #1
I have read articles that indicate that some District Attorneys have brought murder charges against individuals that have been involved in a shooting simply because they were packing multiple guns.

They claim that it was an indication of desire to participate in a gunfight. They were looking for trouble, armed to the teeth.

Do you think this argument has any merit?
 

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Harley Dude
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Discussion Starter #3
Baldy said:
Can you post any cases of such? I have never read anything on it but I highly doubt that that would happen. :?

Case in Point. The state of Florida vs Zane Britt:

A Tampa Florida business owner that was at home when an alarm went off in his business. He had a S&W 442 38 Special in his vest but also strapped on his Ruger 357 mag as primary when he got out of his truck.

He confronted a young man with mental problems who backed him up to the point where he had to react and shoot the young man. The man died.

The state attorney's office couldn't get past the "unarmed man shot by armed man who must be Rambo, because he had two guns and shot him with a 357 Mag. with hollow points!

The Jury acquitted Zane Britt on all counts of murder, but the acquittal never erases the ordeal of the accusation and the trial.

This case is from Combat Handguns and the article by Massad Ayoob who was the expert witness called to explain the "two gun" theory of protection. Page 8, December 07 issue.
This case has been written about before, but in this case was a detailed explanation about Suicide by Cop or Citizen!

I have read about other cases over the years but I did not keep the magazines as proof! This copy I still have. I am sure there have been a lot of similar cases since young eager DA's willing to make a name for themselves will latch onto any small detail to convince a jury of folks, without gun skills, that a shooting is negligent!
 
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I had rather risk the hassle of a hot dog DA that die because my primary failed and I didn't have a backup.
The same can be said about the ammo in my primary- HydraShok +P+. Clearly designed to do max damage to a person.

My answer will be to cite the incident in Cochran, GA in 1977. Police officer armed with then standard S&W .38 with ball ammo. Up against a drunk with a .22 revolver. Police officer took a round in the shoulder, fired all six rounds from his service revolver, hit the drunk all six times, one clipped the heart and lung. Before dying he placed a .22 between the cops eyes. Cop died at scene, drunk DOA.

Life's a gamble, my heart stopped for two minutes on the table in Oct 2005. I'm already living on borrowed time. Screw it, I'm going out fighting.
 

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Old School.
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The Zane Britt case was called into question because he went from home to his place of business and shot the thief and yes it was brought up about the two guns. The two guns was ignored by the GJ. His big mistake IIRC was he didn't call the LEO's before he went there. That's why there was a trial. An eager DA thought he could make a name for himself and all most did. People fail to remember that we are not the Police, even if it dose happen to be our properity. I carry two guns at all times when I leave the house and my LEO friends say do what you want. There's no law against it in Florida. ;)



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Harley Dude
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Discussion Starter #6
I have enough trouble packing one gun at a time and its usually a small Kel-tec 380. I almost never frequent areas that I consider dangerous to be in Portland, OR. Its hard to conceal multiple weapons in the clothes that I wear in the summer. Winter is a different story.

Portland, OR is probably one of the safest cities in the US. Plus the majority of our trouble is usually localized in one area of the city. I stay the heck out of that drug war zone!

Even when on an extended hike in the woods I usually just pack a larger caliber handgun and two or three magazines. I don't worry much about encounters with Bad Guys. The odds of me running into a dangerous situation is slim to none. My old eyes are not what they used to be but I can still hold steady and my groups are tight with my eyes closed!
 

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whompuss said:
The same can be said about the ammo in my primary- HydraShok +P+. Clearly designed to do max damage to a person.
Whompuss brings up a good point here. There has been a lot said about the "type" of ammo used in firearms to defend one's life. For example how "bad" it would make you look in court if you dusted someone with "Black Talon's", or some such. Tom Gresham had a good point in his syndicated weekly radio show Gun Talk. He said to call your local police dept., or ask a cop what they use. If it's good enough for the local police to have it in their guns, it should be good enough for you. That in itself would kill any court argument to the contrary. Bill T.
 

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As I mentioned in another post, I don't yet have the mindset or the skill to carry concealed. I have my CCW permit and am working toward the goal of carrying. Since I don't carry, you can take my comments with a grain of salt.

You can go through your daily routine with situational awareness and with the mindset you can protect yourself and your family in most bad guy scenarios, or you can go through your dialy routine worrying if the police, prosecutors and judges will "back your play". The first way may end with you explaining to a jury why you did what you did, the other way will probably get you killed.

That said, common sense should be the rule of the day. So flamethrowers, full auto and sawed off SGs are probably not good choices for carry (on the opposite end of the extreme - pellet guns and .22s aren't either. Hollow points, black talons and two guns are appropriate - if you truly believe, and can convince a jury, it is warrented.

IMHO.... :geek:
E
 

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Dr. of Loadology
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Our CCW statute prohibits carrying more than one firearm at a time, so there would be trouble for a licensee if it was revealed that s/he was packing >1. But if it was otherwise legal, an attorney or prosecutor may use the argument that the CHL holder was "spoiling for a fight" or "armed him/herself to the teeth", etc.

I'll just say that, at least in my state, those arguments have not held up. Nor have the arguments regarding type of ammo (evil Black Talons, carrying one's own handloads, carrying hollowpoints, etc.). While I am not an attorney (nor do I play one any more than Mr. Spanielsells), I have that info on the authority of one of the senior attorneys from the State Public Defender Office, Appeals Division. An important thing to remember if you are involved in a self-defense incident, whether or not the BG is terminated, you were "shooting to STOP", not "shooting to KILL, WOUND", or anything else.
 
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