Pennsylvania Firearm Owners Association
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  1. #1
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    Default 33 Round Magazine Question

    Hello,

    Was wondering what peoples opinion on this is. My current bedside home defense pistol set up consists of a Glock 19 with a streamlight and nightsights loaded with a 17 round mag and two spare 17 round mags. I have a bunch of 33 round magazines and was thinking about using them instead. Is this a bad idea if god forbid I ever have to use it, as far as a jury goes? Are they going to think I am some kind of crazy person for having such a large mag and think of me in a possibly negative light because of this? I am not a bad shot, just thinking more capacity cannot hurt in a home defense situation. Just trying to see what people think.
    Thanks ahead of time for any replies.

    Bob G

  2. #2
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    Brookville, Pennsylvania
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    Default Re: 33 Round Magazine Question

    The first thing the police and district attorney look at is justification. It is what determines prosecution, with only a couple rare exceptions - magazines isn't one of them in PA.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  3. #3
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    Default Re: 33 Round Magazine Question

    The jury "should" give little weight to the magazine capacity, and pay attention instead to what the intruder did and how many times you shot him. Firing 5 shots from a 33 round magazine is no different (in theory) than firing 5 shots from a 6 shot revolver.

    However....juries are made of people. The Harold Fish jury found him guilty, in part, because he had 10mm hollowpoints in the handgun that he carried for defense against bears and other predators. Big, scary bullets.

    Jurors apply their prejudices to the facts as they see them. That's life.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  4. #4
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    Default Re: 33 Round Magazine Question

    I personally like the ignorant side, shoot first switch mags ( and an equivalent amount of rounds before calling 911) 8) everyone has a ten round around right?
    Last edited by 308man; February 26th, 2013 at 01:11 AM.

  5. #5
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    carverton,pa, Pennsylvania
    (Luzerne County)
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    Default Re: 33 Round Magazine Question

    Quote Originally Posted by 308man View Post
    I personally like the ignorant side, shoot first switch mags ( and an equivalent amount of rounds before calling 911) 8) everyone has a ten round around right?
    ^^^^^^^^^^^You beat me to it, thats what I was going to say. Get two or three of them three round politically correct magazines just in case.
    You don't have enough guns untill you don't know how many you have.

  6. #6
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    Default Re: 33 Round Magazine Question

    I'd be more concerned with that clunky-assed thing being in the way when my life depended on it.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  7. #7
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    Default Re: 33 Round Magazine Question

    Quote Originally Posted by Emptymag View Post
    I'd be more concerned with that clunky-assed thing being in the way when my life depended on it.
    I'm with this. A 33 sticks out pretty far. If you can't get it done in 17 you might want to get a shotgun.
    Plus there is the "evil" high capacity mag thing. Who knows, some anti-gun reporter might latch on to the story and you become the next Zimmerman.

  8. #8
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    Default Re: 33 Round Magazine Question

    I don't think 33 round mags stick out very far at all. For carry, yes. For use, no. If it was my primary home defense weapon I would have 33 round mags provided I found them reliable.

    It's always possible to get jacked up by a jury, but a few things have to happen first. First, this unfortunate event has to happen. Next, you have to live. Let's make that a priority. Finally, inside your home, there is a presumption that you were in fear for your life provided the other person had no right to be there - you don't have to prove it, they have to prove you weren't. We have to get passed all that to begin with.

    I have no experience in these things and I am not a lawyer. But if a criminal comes in your house I think your legal concerns are about as low as they can get in a deadly force confrontation.

  9. #9
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    Default Re: 33 Round Magazine Question

    Quote Originally Posted by GunLawyer001 View Post
    The jury "should" give little weight to the magazine capacity, and pay attention instead to what the intruder did and how many times you shot him. Firing 5 shots from a 33 round magazine is no different (in theory) than firing 5 shots from a 6 shot revolver.

    However....juries are made of people. The Harold Fish jury found him guilty, in part, because he had 10mm hollowpoints in the handgun that he carried for defense against bears and other predators. Big, scary bullets.

    Jurors apply their prejudices to the facts as they see them. That's life.
    Just remember, you'll see yourself in one way, but the jury will see you as this:

    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  10. #10
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    Default Re: 33 Round Magazine Question

    Quote Originally Posted by streaker69 View Post
    Just remember, you'll see yourself in one way, but the jury will see you as this:

    Those darn sword wielders... looking for a fight because they think they are tough.

    Oh... are you talking about the gun?

    Let's change that to: "The Jury MAY see you as this:"

    Because you never know. There may be some 2nd amendment supporters in the jury who fool the lawyers into letting them on.

    I know I wouldn't see him as that. Well... if they found 33 rounds in the perp, proven to be 2/3s of them shot while he was on the ground... Then I might change my thinking.

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