The Importance of Pistol Caliber in Home Defense

[RickN]

Just remember, one to the hip.

 

[PBramble]

As I stated in another thread, the law only states that you can not be sued in civil court IF your actions were lawful. Until you are brought before a judge and a judge rules them as lawful, you are open to lawsuits. The law says that if your actions were found lawful in a civil case, you are entitled to reasonable lawyer fees, court costs and any lost wages or income due to the lawsuit, but good luck getting that money.

the investigators and the DA decides this. If it's lawful it never goes to court.

 

[PBramble]

And Massad Ayoob has stated that a pistol is only good to get you to a long gun. Long guns are for home defense.

 

[JEVapa]

Just remember, one to the hip.

This is true...actually, several to the pelvis

 

[Tanis143]

the investigators and the DA decides this. If it's lawful it never goes to court.

Incorrect. Until its ruled lawful in a court of law it is considered just an opinion. Therefor you can still be brought to a civil trial even if you were never charged. That is exactly why they put section H into TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER. If you could not be sued unless charges were brought, then section H would not exist.

 

[NationalMatch]

Here's a vid of a woman who greeted her wastes-of-oxygen home invaders with gunfire.


And another.


Yeah, it would be nice to ventilate the brain pans of criminals, but seeing them wet their britches as they flee the scene is alright, too.

 

[NationalMatch]

As I stated in another thread, the law only states that you can not be sued in civil court IF your actions were lawful. Until you are brought before a judge and a judge rules them as lawful, you are open to lawsuits. The law says that if your actions were found lawful in a civil case, you are entitled to reasonable lawyer fees, court costs and any lost wages or income due to the lawsuit, but good luck getting that money.

And, as stated in the other thread, you need to read the actual law. Aries quoted the pertinent section: "I believe the relevant section is page 42
TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER.."

A person who uses defensive force, as permitted pursuant to the provisions of subsections A, B, D and E of this section, is justified in using such defensive force and is immune from criminal prosecution and civil action for the use of such defensive force.

Your assumptions are predicated upon whether a DA decides to prosecute.

Our comments are predicated upon the lawfulness of the self defense shooting.

If the SD shooting is unlawful, then, it no longer applies to the earlier conversation (to which you alluded). The earlier thread was entitled, "At what point are you justified 2 use force?"

The title presupposes a legal shooting. That's all. Any other speculation is an entirely different topic.

If one is justified, he is immune. But, if anyone (foolishly) accepts your comments as legitimate, then no one will attempt to defend himself against aggression.

And that perspective belongs in The People's Republic Of Kalifornistan. Not in a free state.

 

[Bahick71]

There are alot of things that go into if you will be charged or not. The DA is the major deciding factor. In Oklahoma, even if they kick your
door in, but they are not armed, you can be charged, because you used more excessive force against them, then they brought bear to you.
I have been told by lawyers, police officers, a judge, and firearms instructors, shoot to kill, not to wound. The other eye opening thing I was
told by a lawyer was, your home defense gun, or carry gun, should be plain jane, out of the box, no mods. He said the reason is that if you
have a heavily modified gun, the jury can, with the aid of an attorney, paint the picture that you were itching to use that modified gun. I have
read about cases that guys should not have been charged, and they were, and the other way around. In Woodward a few years ago, we had
two guys having an argument. The one guy went to the others house, was knocking on his front door, unarmed, telling him to come outside
The guy inside, behind a locked, and dead bolted door, fired through the door, killing the other guy. He was never charged with anything.
Basiclly he got away with murder. There were several witnesses that said he was not trying kick the door, just knocking and yelling. It was
all up to the DA. So in the end, who knows what will happen. I hope that I never have to find out, but I am ready no matter what.

 

[Gadsden]

If someone breaks into my house and IF they make it past my dogs (there's a reason I put the IF in caps because that's very doubtful) they'll find my favorite home defense gun is a 12 gauge.

 

[NationalMatch]

your home defense gun, or carry gun, should be plain jane, out of the box, no mods.

If one lives in a state where that could be a concern, yeah. If the homeowner/guy defending himself is already in a grey area, a cupcake jury full of overweight Karens might look askance at his weapon.

Also, in such a state, even the ammo will be scrutinized.

From another thread/another gun forum:

I sat thru a SD Course several years ago, the Attorney presenting had the position that Factory loads should always be used for Self Defense, due to a Prosecuting Attorney could and easily would claim to the jury that you had created the "Man Killer Bullets that were Devastating" and would get the Jury's attention with it. I decided then, I would use Factory for SD, Always. Better Safe than Sorry..

https://www.thehighroad.org/index.php?threads/hand-loads-for-self-defense.831563/

Based upon the above concept, I use factory ammo for SD guns. I reload, but make mistakes. So, because of that, (and potential risk of the above), I use basic factory ammo for SD. Yesterday I bought four boxes of WWB HP ammo at Bass Pro. Basic stuff.

Again, IMO, the above becomes a consideration if living in a totalitarian state like kalifornia or taxachussets. Etc.