Pennsylvania Firearm Owners Association
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  1. #1
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    Default defending with 10mm is risky in court?

    Paul Harrell in his video says a prosecutor can make much of the fact that you carried and employed a 10mm, inferring that there is a general implication that the 10mm is so powerful, reputation-wise, that it's a bad position to be in, in court.

    I'd never heard or read of a 10mm being so far afield that carrying one implied its carrier is "out to kill".

    He seems to deliver well on most of his topics, but he delivers this as though it's beyond just his opinion.
    Legislating to prevent people's acts is fantasy

  2. #2
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    Default Re: defending with 10mm is risky in court?

    Someone in California was found guilty of murder (and the case was clearly self defense). The prosecutors played up the fact that he was carrying a 10mm when a smaller caliber could have also protected him. Apparently it worked.

  3. #3
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    Default Re: defending with 10mm is risky in court?

    Attorney Phil Kline, AKA gunlawyer001@gmail.com

  4. #4
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    Pittsburgh, Pennsylvania
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    Default Re: defending with 10mm is risky in court?

    By that logic, anything "more deadly" than a Nerf gun would get you in legal trouble.

    Just because it happened to one person, doesn't make it a valid concern.
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  5. #5
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    Mar 2009
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    Southwest, Pennsylvania
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    Default Re: defending with 10mm is risky in court?

    Lethal force is lethal force. Hopefully your lawyer is competent enough to explain that to the jury. Whether it be a 22 pocket pistol or a precision missle strike, you were either justifed in taking a life, or you weren't.

    A prosecutor might use anything against you. Hopefully your jury is sensible enough to see through the bullshit. The way society is going, roll the dice.

    Bottom line, you take the shot only if being possibly imprisoned with scumbags for life is preferable to not taking the shot. Do that and you can't go wrong.

    Paul Harrel says a lot of things.
    Last edited by marinville; March 30th, 2019 at 04:24 PM.

  6. #6
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    Default Re: defending with 10mm is risky in court?

    Perusing several accounts, Fish's shooting the mountain man with a 10mm 3 times was interpreted (guided by the DA) by the grand jury as excessive for self defense and entered into the intent to murder. Fish's having owned a collection of other guns placed him in the gun-nut waiting for a chance to kill category.

    The incident and surrounding facts was used in what might be labeled a malicious prosecution by the DA. Unfortunately, malicious prosecution would not attach here.

    Until rules of procedure are modified with meaningful penalties attached, danger of unfair treatment by prosecutor and judge will remain a possibility.

    Fish was incarcerated legally and his and his family's lost years and monetary destruction is without provision for remedy, I guess.

    White collar crime of the highest order.
    Legislating to prevent people's acts is fantasy

  7. #7
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    Default Re: defending with 10mm is risky in court?

    Using anything in a deadly force situation will open you up to a great deal of scrutiny.
    If you're truly concerned, get a .40 S&W conversion barrel or a 9mm pistol...
    “There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”
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  8. #8
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    Default Re: defending with 10mm is risky in court?

    Quote Originally Posted by ArmyVet View Post
    Using anything in a deadly force situation will open you up to a great deal of scrutiny.
    If you're truly concerned, get a .40 S&W conversion barrel or a 9mm pistol...
    ???? If you, as it seems, are addressing me, the op, I do not own a 10mm. And if I did, since using anything in deadly force will openme to scrutiny, why would I bother to get a conversion barrel that fits the category of anything?
    Legislating to prevent people's acts is fantasy

  9. #9
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    Montco, Pennsylvania
    (Montgomery County)
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    Default Re: defending with 10mm is risky in court?

    Quote Originally Posted by Bang View Post
    ???? If you, as it seems, are addressing me, the op, I do not own a 10mm. And if I did, since using anything in deadly force will openme to scrutiny, why would I bother to get a conversion barrel that fits the category of anything?
    I think what he is saying is "stop worrying about the caliber - but if it's really eating at your, just use a different caliber". IE: Carry what you are comfortable with.

  10. #10
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    Default Re: defending with 10mm is risky in court?

    This thing has taken a wrong turn. I am not smart enough to rehabilitate it, so just color me gone.
    Legislating to prevent people's acts is fantasy

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