Modified Gun Leading To Prosecution

Discussion in 'Legal and Activism' started by Polygon, Nov 11, 2013.

  1. Polygon

    Polygon New Member

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    So, I was curious to see if this is just hearsay or if it has happened before but can anyone post up an actual court case where someone had modified their carry gun or home defense gun and successfully prosecuted?
     
  2. deathkricket

    deathkricket New Member

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    The only time people are prosecuted for mods is if they are no longer 922r compliant or they make a illegal modification according to the NFA. Doing a basic mod on a fire arm will not get you in no more trouble then putting rims on your car. I have only come across like 2 articles in the past years where someone was successfully screwed and one if i remember right was a vertical forgrip slant thing on a AR pistol which is not covered under the law but they can still get you for it. I am not talking about a real vertical forgrip I am talking about the triangle shaped one.
     

  3. Polygon

    Polygon New Member

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    That's not what I meant.

    What I'm looking for is a self defense shooting that was deemed a good shoot by police but in court the fact that they used a modified trigger, just an example, was used against them by the DA. Using it as an example to the jury against that person's character.
     
  4. Jstrong

    Jstrong New Member

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    I think he meant in a self defense shooting scenario,he wants actual cases of over zealous prosecutors hanging someone on the basis of "he did X and Y to his carry gun,making it as deadly as possible,he had to have been LOOKING for trouble"
     
  5. DeltaF

    DeltaF New Member

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    Which they all do. That's their job. A justified shoot is a justified shoot. You will never carry a gun that they won't pick apart from the stands and use against you. So carry what's the most effective for you.
     
  6. deathkricket

    deathkricket New Member

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    OOOOOoooooooo, im sure somthing like that can be found from using hollow points. There are still a lot of people out there who believe it is still unethical and many anti gun folks would consider it a unnecessary mod to inflict suffering. Can't say I have herd of any such thing though.
     
  7. MoHawk

    MoHawk New Member

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    A "good shoot" is a "good shoot"! PERIOD!


    HOWEVER, they will use ANY and ALL modifications against you in a civil case
     
  8. alsaqr

    alsaqr Well-Known Member Supporter

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    Yep, prosecutors have a whole litany of stuff to use against folks charged with murder or manslaughter. The good news is that good shoots never make it to court. If you are in court charged with murder or manslaughter:

    1. The cops did not believe your story.
    2. The prosecutor did not believe your story.
    3. The grand jury or the judge who bound you over for trial had problems with your story.

    There is a very good chance the jury will not believe your story.
     
  9. wittmeba

    wittmeba New Member

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    I agree with this. I don't think they even have to be valid but attorneys are good at throwing a turkey on the table and let the opposing attorney "object". Everyone still heard it and even though it may not be permissible as evidence, the seed is still planted in the Jury's head.

    Not many attorneys care about justice. They just want to win their case regardless of the laws and details.


    Taking the other side - I always think about having the opportunity to ask my own questions - like:

    Do you keep your car tuned up? Yes from most.

    Is that so you can run over people and they have less chance of getting away? :)

    Or...Do you keep your steak knives on your kitchen counter sharp?

    Is that so you can stab someone and obtain better penetration? :) and the list goes on...
     
  10. MoreAltitude

    MoreAltitude New Member

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    By-in-large, it doesn't matter a bit what mods you have installed (albeit legal mods), the important matter is right to self defense and use of deadly force, doesn't matter if it's a gun, a knife, or a stapler; all the same
     
  11. JonM

    JonM Moderator

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    if your doing something else that is hinky to begin with like drinking to excess then taking a stroll down the street after parking the car in a tree and joe gangland tries to rob you and you shoot him your going to be under a LOT different scrutiny than if your at the qwickie mart picking up a twelve pack of extra absorbant pads for the wife and joe gangland tries his stuff...

    the circumstances leading up to the use of deadly force has FAR more to do with getting prosecuted than the gun itself.
     
  12. JTJ

    JTJ Well-Known Member Supporter

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    The poor perpetrator's lawyer will use anything and everything he can find against you in the civil suit.
    Find out what ammunition the police are using and get some of the same if you are worried.
    Remember you are using HP's so you dont get any over penetration and risk hitting an unintended target.
     
  13. JonM

    JonM Moderator

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    Justified self defense cannot be prosecuted in civil court in wisconsin. In wisconsin if a business posts no guns they are civilly liable for any and all damages a goblin does on the premises as the business chose to assume all risk by preventing your right to self defense.

    The hospital I work at took down their no firearms sign shortly after we passed ccw here.
     
    Last edited: Nov 11, 2013
  14. Mercator

    Mercator Active Member

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    A legal modification becomes a problem when it may indicate malicious intent. Example: a 30 round aftermarket magazine in your CCW. Or a lightened trigger, spun around as evidence of the owner being trigger happy.
     
  15. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    No "legal" modification will have ANY bearing in a criminal case on a good shoot (in any reasonable jurisdiction). All bets are off in a civil trial.
     
  16. Doc3402

    Doc3402 New Member

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    Why would they be in court having a jury trial if it was a legally acceptable shooting?
     
  17. danf_fl

    danf_fl Retired Supporter

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  18. Doc3402

    Doc3402 New Member

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    That's a very long article. Could you give us a hint on what we're looking for? Thanks
     
  19. danf_fl

    danf_fl Retired Supporter

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    Modified guns, and ATF.
    Wife and kid killed in standoffs.

    "The Bureau of Alcohol, Tobacco and Firearms first became aware of Weaver in July 1986 when he was introduced to an ATF informant at a meeting of the Aryan Nations. Weaver had been invited by Frank Kumnick, who was the original target of the ATF investigation. It was Weaver's first attendance. Over the next three years, Weaver and the informant met several times.[7] In October 1989, the ATF claimed that Weaver sold the informant two sawed-off shotguns, with the overall length of the guns shorter than the legal limit set by federal law."
    http://en.wikipedia.org/wiki/Ruby_Ridge
     
    Last edited: Nov 12, 2013
  20. DrumJunkie

    DrumJunkie New Member

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    I have hears about this BS about trigger jobs, hand loads, and a plethora of other stuff. Sure a DA and use anytihng they want to try and make you look bad. But I've yet to see it hold up in court. A civil trial is another animal though. Being the rules pull a 180 ande you don't need reasonable doubt buy a preponderance of the evidence. I'm sure they can if you get the right judge and the planets align just right but I have not heard of it going on as of yet.

    I still carry guns with mods to the triggers and still make hollow point hand loads. Though I don't often carry the loads. But that has more to do with the idea that I can buy better HP rounds than I usually make but I like the HP to practice with. I like to get my practice ammo as close to the carry loads as I can. I guess I'd make downloaded FMJ a lot more if I carried it ;)