Does cocking a revolver = "preparatory" action?

[Jhaydeno]

I've heard a couple respected interweb individuals refer to the legal liability of cocking a DA revolver before a defensive shooting, it would be considered a ""preparatory" act and would greatly add to any liability in court. One individual even went as far as say he recommends against carrying a revolver with hammer spur so there isn't that option.
Discuss.....
?

So at what point do you draw the line at what isn't preparatory? Safety off? Is the short reset trigger to aggressive? Maybe a holster that has no thumb break? How about open carry, so the shirt doesn't impede the speed of your draw? Maybe you had more than 1 round in the mag....Heck, just the fact that I strapped on a gun when I walked out the door is a 'preparatory action'.

As noted above, I would hope the local DA is reasonable in a self defense shooting, and if it happened in MD, I expect you all to riot in Baltimore when I'm convicted!

[BDK]

I've heard this before and could see some of the East side of the states using it to prosecute someone on an otherwise good shoot.

[Manxdriver]

So at what point do you draw the line at what isn't preparatory? Safety off? Is the short reset trigger to aggressive? Maybe a holster that has no thumb break? How about open carry, so the shirt doesn't impede the speed of your draw? Maybe you had more than 1 round in the mag....Heck, just the fact that I strapped on a gun when I walked out the door is a 'preparatory action'.

As noted above, I would hope the local DA is reasonable in a self defense shooting, and if it happened in MD, I expect you all to riot in Baltimore when I'm convicted!

I KNOW you understand because I've seen you OC a Blackhawk (single action). I carry one myself at times. So, yeah, sure it could be seen as 'prepatory'. But then again, putting it in the holster, or strapping on a holster, loading the gun, or even going to the gun range for familiarization/practice can be seen as prepatory.

If any of these things can be seen as prepatory, then so can putting on fresh underwear in the morning. Of course we prepared. It'd be foolish not too. Proof of that is that every person in the courtroom is wearing clothes.

[GunLawyer001]

I've mentioned Harold Fish before, the self-defense shooting that put the victim in prison, requiring simultaneous appeals and a change in state law to eventually spring the Scout Master who was attacked by a drifter.

A soccer mom on his jury is on record stating that she found his scary 10mm JHP cartridges to be proof that he planned to murder someone.

You can't exclude anything from being able to sway morons on a jury. Cocking a hammer COULD be evidence that you had plenty of time and the threat wasn't imminent, but then NOT cocking the hammer could be evidence that you negligently fired the gun when it wasn't necessary. A smart and malicious DA could make something of a standard capacity mag, of having a round chambered, of NOT having a round chambered, of not having a holster, of having a very expensive holster, of having a spare mag, of being trained, of being UN-trained, and especially of statements you've made on the Web.

This is why you need a good lawyer to defend you, so that the prosecutor isn't the smartest guy in the room.

[Exbiker]

Without a very clear video how would anybody know the hammer was cocked?

[IIIIIREPOIIIII]

Is the hammer from Lowe's or Home Depot?

[Hawk]

Personally, I wouldn't cock the hammer unless I was target shooting. I've trained and taught others (with regards to self defense) to always shoot revolvers in D/A over S/A. It's too easy (under stress) to have ones finger on the trigger and have the revolver go off unintentionally when it's in S/A. Besides, what do you do for follow up shots? Re-cock the hammer each time?

[Sgt.K]

Personally, I wouldn't cock the hammer unless I was target shooting. I've trained and taught others (with regards to self defense) to always shoot revolvers in D/A over S/A. It's too easy (under stress) to have ones finger on the trigger and have the revolver go off unintentionally when it's in S/A. Besides, what do you do for follow up shots? Re-cock the hammer each time?

In this case, yes.

https://www.thetruthaboutguns.com/20...ouse-shootout/

[Daycrawler]

I've heard a couple respected interweb individuals refer to the legal liability of cocking a DA revolver before a defensive shooting, it would be considered a ""preparatory" act and would greatly add to any liability in court. One individual even went as far as say he recommends against carrying a revolver with hammer spur so there isn't that option.
Discuss.....

I call bull shit! If cocking a Revolver is a preparatory act then so would, buying a gun and ammo, as well as keeping it at the ready. What next will these fools come up with? Conspiracy to commit murder with ones self for planning on being a victim, by purchasing a weapon? Rayh file the info you received from that site under, nonsensical ramblings of a fool!

[Big Kahuna 19547]

In nearly 54 years on this earth, the only time I heard someone mention that cocking the hammer did anything was watching a show about the OK Corral. They went on about how Doc Holiday cocking the hammers on his shotgun started the shooting. Obviously we don't know if that is true, but that is the only reference I have ever heard.