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Moderator: carlson1
Where in case law or state law does this come from? I know that there have been cases in OTHER jurisdictions where people were convicted because the weapon had been modified, but I have seen nothing in Texas. In essence we see "The deceased was running toward the defendant with a machete in hand screaming 'Death to the Crackers! Justice for Treyvon! I want my purple drank!' when the defendant grabbed the first weapon available to him and shot the deceased with a gun that had the sights replaced with competition models." followed by "We the jury find the defendant ..."rbrecount wrote:Ho, ho, now, people. If I were a Prosecutor I'd be jumpin' up and down with glee.
A gun used to kill someone had better be original with all original parts as it came from the factory or I'd sink you about modifying a weapon to make it more deadly. A carry firearm must be stock. Even little things to make it more reliable come under scrutiny.
But a range gun or a competition piece would not be faulted. IMO.
Please cite a case in Texas where modifying a firearm resulted in a conviction for self defense.rbrecount wrote:Ho, ho, now, people. If I were a Prosecutor I'd be jumpin' up and down with glee.
A gun used to kill someone had better be original with all original parts as it came from the factory or I'd sink you about modifying a weapon to make it more deadly. A carry firearm must be stock. Even little things to make it more reliable come under scrutiny.
But a range gun or a competition piece would not be faulted. IMO.
This is the same argument that could be used against a person using "deadly hollow-points" or a "magnum revolver". Fortunately, this type of "Hollywood logic" doesn't happen too often in real life.74novaman wrote:Please cite a case in Texas where modifying a firearm resulted in a conviction for self defense.rbrecount wrote:Ho, ho, now, people. If I were a Prosecutor I'd be jumpin' up and down with glee.
A gun used to kill someone had better be original with all original parts as it came from the factory or I'd sink you about modifying a weapon to make it more deadly. A carry firearm must be stock. Even little things to make it more reliable come under scrutiny.
But a range gun or a competition piece would not be faulted. IMO.
If a man attacks me and all I have is a wooden bat with rusty nails driven through it Mad Max style, I can use that to defend myself.
If its justifiable self defense, it doesn't matter if I use a stock pistol, modified pistol, one of those evil baby killing AK-47s or a car.
I think I know who you are speaking about.Heartland Patriot wrote:You folks can say what you want, but I really think that this stuff about "modified weapons being used by the prosecution" or "deadly hollow point" or ""man-killer reloaded ammunition", whatever, is being brought up by folks from other states originally, or that have read or heard accounts from incidents from other states, even if they didn't know the source. I know that a certain well-known gun writer, who does have a lot of good info in his articles and books, has some very serious opinions about this sort of thing, but then again, he's from the Northeast/New England area...not surprising, when you look at it like that. However, this is TEXAS, not Noo Yawk, or Cah-lee-for-nee-ah (my lousy Schwarzenegger impression, sorry)...from what I have read and seen in the news the last few months/weeks, the circumstances of the deadly incident count for a lot more than what firearm or ammo was used...or even if a firearm was used at all.
If you unintentionally shot an innocent third party, I can certainly see how some modifications might be a factor when the prosecutor argues you were reckless. However, if you intentionally shoot someone and are justified in using deadly force, modifications seem rather less relevant.rbrecount wrote:Ho, ho, now, people. If I were a Prosecutor I'd be jumpin' up and down with glee.
A gun used to kill someone had better be original with all original parts as it came from the factory or I'd sink you about modifying a weapon to make it more deadly. A carry firearm must be stock. Even little things to make it more reliable come under scrutiny.
IMHO, if a prosecutor in the State of Texas has to rely on some trivial detail like .22 LR hollowpoint bullets to make his case, it must be pretty lousy to start with and now he or she is just trying some rhetorical drivel. Now, IANAL nor LEO, but on a human being the difference between a .22 HP and solid lead bullet just ain't going to be all that big a difference...its small game where it matters, like rabbits, for instance. Once again, the sheer lack of firearms knowledge on the part of those who are prosecuting OR defending those who have used a firearm is absolutely sickening. If they don't know, they need to do some homework...even looking up a Wikipedia article on it would be better than some claptrap like "man-killing rounds" in conjunction with making a big deal about .22LR hollowpoints. Note that I am NOT saying that a .22 cannot kill someone, it most certainly can and has killed many folks...but I'm talking about the difference between bullet types here.PostShooter wrote:I can say from personal experience. I was serving on a jury in an armed robbery case last fall and the prosecutor zealously made the point that the perp was carrying a weapon loaded with hollow-point bullets. I can quote from memory that he called them "man-killing" rounds, even though they were only .22LR. I say "only." I guess a .22 HP can be just as deadly as a fist-sized rock, so ANY round is potentially a man-killer. No offense to .22 carriers.