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Old February 15th, 2007
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Default Re: AR-15 for Home defense in Philly

I believe that DanP is correct, that the DA is more likely to prosecute a shaky case of self-defense if the weapon was politically incorrect, and jurors in Philadelphia are more likely to believe the continuing propaganda that owning a semi "assault weapon" means that you were just waiting for a chance to kill someone.

Furthermore, even if you skate past the criminal case, there will be a Wrongful Death civil case waiting for you, brought by the perp's heirs. They will argue that you used excessive force. Remember that OJ Simpson was acquitted in criminal court, but found liable in civil court. He lost everything except what Florida law protects.

In civil court, this rifle will be described as a "weapon of war" used on poor little Rufus McInnocent, who was just offering to pay you for accidentally breaking your window at 3 AM during his night baseball game, when you opened up with your "illegal for deer hunting because it shreds the meat" evil-looking Semi Automatic Assault Rifle. His many priors for burglaries and drugs will be inadmissible, and every one of these thugs seems to have a school photo in which he looks very uncriminal; that photo will be on an easel in court. Not his various mug shots.

Philadelphia juries are notorious for throwing money at pathetic plaintiffs, they seem to feel that money grows on insurance companies and rich folks just so that poor people can take some from time to time; which is why the local courts had to change the rules to keep plaintiffs from picking Philly courts when, for example, the plaintiff was in Lehigh County, the defendant was in Montgomery county, and the incident happened in Bucks County. If the shooting happens in Philadelphia, you'll get a Philadelphia jury, and they will probably find you liable for using excessive force.

If it's the only gun handy as the axe-wielding maniac attacks your kids, then go ahead and shoot. But if you're figuring out which gun to load and stick next to your bed, pick a shotgun or a pistol. And not that "tactical" shotgun with the CAR-15 stock and laser sight that people seem to want to stick on everything, use a hunting shotgun with walnut furniture and standard ammo.
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