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NFA weapon used in self defense.

Discussion in 'NFA & Class III Discussion' started by Big-Tex, Dec 27, 2009.

  1. Big-Tex

    Big-Tex Sharpshooter

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    I'm sure this has been coved else where, but i wanted to ask it agian.

    What's the laws on using a NFA weapon to defend yourself? I know that some states have laws saying that a silencer can not be used against a human.

    The way I see it, it shouldn't matter whether it's a 11.5" quadra-railed, surefired illuminated, silenced, rock river ar-15 or a mil-spec 1911. As long as the shooting is justified.

    So does anyone know of real world examples of self defense shootings where a NFA firearm was used?

    Thank ya
     
  2. RobC

    RobC Sharpshooter

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    I have read about a few people that used MGs in self defence. The Gary Fadden/AC-556 case is one of the more noteworthy instances. It is an interesting story. He wins in the end but it was not easy. I feel like if it had been in a home, he would have been better off. However, he did what he had to do.

    http://findarticles.com/p/articles/mi_m0BTT/is_168_28/ai_112685749/

    Here is another case:

    http://www.afn.org/~guns/ayoob.html


    Both good reads.


    As for me, my go to HD weapon is a 10.5 inch AR. I used to keep a suppressor on it 24/7, but lately I have been shooting it more unsuppressed and I have not been keeping the can on it at the house. Not from a liability standpoint, but from the standpoint of not adding five inches and more than a pound of weight to the end of the barrel.


    Rob
     
  3. jbarnett

    jbarnett Sharpshooter

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    Very good reading.
    Thanks for the links.
     
  4. Big-Tex

    Big-Tex Sharpshooter

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    Thanks for the links RobC, those are two great examples.

    I like how the judge in the first case made it clear that the weapon wasn't in question, just the shooting. In my home I feel like a long gun puts me at a huge disadvange because I'm blind in my left eye and right handed and it's a right hand turn out of my bed room. So I'm exposed just to see, and that's where a shorter weapon would be easier to deploy. I'm very heavily considering a SBS and I would hate for a DA to hold up a terminator looking shotgun and say that I was crazy and premeditating a shooting. Maybe I should make my DA sign my Form 1.
     
  5. RobC

    RobC Sharpshooter

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    I would not worry about it. If you are ever in the position to have to legitimately shoot someone in your house, you have much bigger worries. Furthermore, I still have faith in my fellow okies that they would not prosecute based on the type of weapon that I used. In a clear cut case of self defence, the instrument used should be irrelevant.



    Rob
     
  6. Big-Tex

    Big-Tex Sharpshooter

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    I agree.

    Thanks y'all
     
  7. txnavalaviator

    txnavalaviator Sharpshooter

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    in my mind it doesn't matter if you use a bazooka or not. just a matter if it was justified to use any weapon. good reading in this thread.
     
  8. ratski

    ratski Sharpshooter

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    The problem, as I see it, is that in a situation where someone uses a C3 in a self defense/home defense role, is similar to using "exploding bullets" or reloads for self defense. Most of "us" aren't going to be on the jury.

    Some prosecuter will sit there and paint the user as a premeditated killer because they used one of these "restricted" or "military-like" weapons instead of the casual everyday, run of the mill, firearm.

    They will try to find a way to paint the user as baiting someone into their house for the sole purpose of using their C3 "man killing" firearm.

    Not to mention the fact that the user will be convicted by the media even before getting to court and as such will have an even bigger legal bill trying to clear his/her name.

    I know it shouldn't matter, but I think it might.

    If I have a choice, my weapon of self defense/home defense will be plain jane, "street legal" factory. Same goes for the ammunition. Factory loads, easily available. Preferably what is issues or recommended by at least one of the local law enforcement agencies.

    I am a NFA stamp collector and while I wouldn't hesitate to carry and use something like my Uzi in a desperate situation, I sure wouldn't want to.

    SHTF, TEOTWAWKI, post-Katrina scenario? Yes

    One guy breaking into the house? I'd be reaching for the Glock.

    Dave
     
  9. CAR-AR-M16

    CAR-AR-M16 Sharpshooter

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    +1 to what Dave said. Even if the DA does not go after you, what if the perps' family gets a good lawyer and goes after you in a civil case. I would not want them to have any way to paint me as some "gun crazed lunatic" who was waiting to kill some poor defenseless crook who was just stealing to support his 14 kids. Not to mention that I would not want my NFA weapon held by LE for weeks/months while the investigation is underway. Just my humble opinion, YMMV.
     
  10. RobC

    RobC Sharpshooter

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    Fortunately in this state, we don't have to worry about civil litigation stemming from a legitimate self defence shooting. I also feel like if I am lucky enough to survive a home invasion or robbery, that I won't sweat having my weapon confiscated for a while. It's not like I don't have more, and it's not like I can't get more.

    I would not, solely for political correctness, reach past my carbine to get to my Glock in the event that I needed it.


    Rob
     

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