Reloading ammo for self-defense

[Dbltapster]

Sorry if this question has been asked before...Probably lots of times. What, if any, are the legal concerns about using my own reloaded ammunition for self-defense?

Is there a legal precedent? Is there advice from any good attorneys about the pros and/or cons of carrying reloaded ammo?

I have read the discussions/arguments made by some that in a court case, one's use of reloaded ammo could be used to argue that there was an intent to cause harm or kill. For someone like me who shoots and reloads for recreation all the time, using reloaded ammo is a common practice...no malice or ill-intent.

Just curious what the learned JD holders on the forum have to say about this.

Thanks.

[jthrelf]

Im not a lawyer or a subject matter expert so I'll link you to a reply by Mas Ayoob over at glocktalk for his stance.

http://www.glocktalk.com/forums/show...hlight=Reloads

The expert's opinion is to not do it.

I believe that 1) you'll have the prosecution inevitably say you were so insane you wanted to manufacture your own extra deadly ammo . 2) As Mas indicates in that post it would be hard for a jury to believe your manufacturing and record keeping practices would be up to speed with the likes of Speer, Winchester, etc.

I think if one is insistent on carrying custom reloads they should definitely keep a sample of the carried lot for possible forensics testing.

[jthrelf]

In case you don't have a glocktalk account or can't access the link:

Your question is one of the most contentious on the gun boards. Personally, I would recommend strongly against using handloads for defensive purposes. No one has yet found a case where the courts accepted the defendant's word or records as to what was in the gun, when gunshot residue testing became necessary to determine a disputed distance of the shot in question. Seen that in criminal court, so it's not just a civil court thing.

[Steve in PA]

The only difference between buying and reloading your self-defense ammunition, is that you are paying someone else to load it.

How many people keep the lot number from the box of factory ammo they bought? How are they going to prove anything? I'm willing to bet that very few people keep such records. And because very few people keep that information, then why aren't people prosecuted for not being able to fully document their carry ammo?

Ayoob mentions one case where the guy made a claim in a shooting, his wife or girlfriend I think, but his story stunk. Hence the gun shot residue claim. Their theory was different grains of powder would give different results in a gun shot residue test. As far as I know this is the one and only case where handloaded ammunition was mentioned.

Well hell your Honor, this is my "defensive handloaded ammunition"; Bullet "X", with "X" grains of "X" powder in "X" cases with "X" primers. Hey, I even ran it through a chrono for "X" velocity. How is that any different that what some factory tech will tell you?

Saying you're a "killer" because you handloaded your own ammunition is like saying you're a killer because you make knives and ended up using one to defend yourself.

[Connal]

I have heard this several times. And all from someone who knows someone, who has a friend who this happened to.

I will say it now. I reload my defense ammo to expand as much as possible, and do as much damage as possible.

I know that could be used against me. But here is my defense. If I ever have to defend myself, I want the threat stopped in as few shots as possible. Do I want to make ammo that is more destructive than I can buy on the shelves? You are damn straight I do.

[Metz]

In case you don't have a glocktalk account or can't access the link:

Originally Posted by Mas Ayoob
Your question is one of the most contentious on the gun boards. Personally, I would recommend strongly against using handloads for defensive purposes. No one has yet found a case where the courts accepted the defendant's word or records as to what was in the gun, when gunshot residue testing became necessary to determine a disputed distance of the shot in question. Seen that in criminal court, so it's not just a civil court thing.

Beat me to it.

But let me elaborate a little. Ballistic test is Ayoob's biggest concern. That's why residue pattern came up. According to him, quality factory made ammo will be consistent during the test. While no one will be able to reasonably prove, that the specs of reloaded round in question exactly matched those, that were fired during the test. Assuming, that gun owner won't be lousy and his powder load for every round will be exactly the same.

[emckee57]

I haven't seen anything where reloaded ammo was used to convict somebody who otherwise lawfully able to claim self defense. In a case where you have to use your firearm, the much more important circumstances is if you were in fear of imminent death or serious bodily injury (this varies by state, with different duties to retreat). The type of ammo you use shouldn't have any impact on your self defense claim.

That being said there are two circumstances where I can imagine potential issues:

1. The shot is contested, and the powder charge in your round is significantly different than other common factory self defense ammo. Traditional ballistics tests might draw different conclusions if they don't know the exact makeup of your round. Of course you should be able to introduce you ammo as evidence so an accurate conclusion should be drawn.

2. The ammo is loaded with a bullet that is illegal in the jurisdiction (IE handloaded hollow points will get you in just as much trouble as factory hollow points in NJ, not to mention the other gun charges there).

Even though I reload, I still like using good factory self defense ammo in my carry guns. It's merely personal preference, and not necessarily out of fear of legal repercussions.

[bob308]

all this talk of not using your own load is just that talk. if it is a good shoot you will nothing to worry about. back in the old days a lot of small town p.d carried reloads. I knew two md. state troopers that loaded their own.

[Jossready]

There's no law that tells how to defend your self...correct me if i'm wrong
Sooo whoever dares to harm me or my family not only i will use hand loaded ammo but i will make sure he dies with one shot/bullet.
if u can get the criminal with 50CAL IN THE HEAD DO IT

[ChemicalReaper]

There's no law that tells how to defend your self...correct me if i'm wrong
Sooo whoever dares to harm me or my family not only i will use hand loaded ammo but i will make sure he dies with one shot/bullet.
if u can get the criminal with 50CAL IN THE HEAD DO IT

And if you ever have to defend yourself in court after practicing self-defense, a prosecutor is going to have a field day using this post to show your violent instability and preexisting desire/intent to kill an assailant with one shot from a .50 caliber rifle.