thanks for all the great info I do appreciate your input and all others that contributed.Hello,
Cases have been tried. I've have to dig up the specific examples.
There haven't been many, and in the ones in which this, or handloads, has been an issue, it's a relatively small one and all the cases I've read where it was mentioned, the judge saw it as a desperation tactic by the prosecuting attorney.
I believe it's been successfully used in civil proceedings, though, wrongful death and the like.
A much bigger issue is saying the gun accidentally went off. That's a bad idea and will land you with negligent manslaughter or criminal recklessness.
If you're in a shooting and are actually arrested for it, just say something along the lines of "I was in fear for my life. I fired to stop the threat. I would like to stand on my right to remain silent and I would like to speak to my attorney." Then SHUT UP! I cannot stress that enough.
The prosecutor will try everything to get you thrown in jail. There is no such thing as a lawyer-proof gun. Don't try to make one lawyer-proof or -resistant.
The best things you can do are to get more training than the police officers, and find out what ammo your local PD carries and carry the same.
Most non-gun folks do not know the difference between a bullet an a primer, and many think that the whole cartridge leaves the barrel (ala cartoon bullets chasing after Wile E. Coyote, or whomever). These are the folks who will be trying you. They need to know three things: You feel awful about having to shoot a person, your weapon (and you!) worked exactly as intended, and the ammo was not anything evil but rather what the friendly neighborhood police officers carry.
They can then make a judgement as to whether your actions were rational and justified.