safeguardguy said:
Rick, I understand your thought on this although your stats are kind of "wingin it".
They are - because I really have no idea how to break out the numbers as to how many people are actually shot defensively each year, much less how many are shot with handloads. If somebody thinks the number I suggested is unreasonable, then lets hear what they would suggest as more accurate. I think it is reasonable to say that around 500 people are shot each year with handloads, and it doesn't seem to be an issue we read about in either the news or the NRA publications.
I wonder; If you are in a court case where your defensive shoot is being judged and it is not a clear cut deal. This would mean that you risk going to prision and any small thing may swing the balance. SO, the DA paints a picture that your are a gun fanatic who personally manufactured "custom hot loads", he proceeds to question the accuracy of those "custom hot loads" over factory ammo because one of your shots went astray and hit someone else.
Okay, let's play in the world of this hardly ever happens, but "what ifs"...
In rebuttal I can point out that both the pistols I carry are more accurate with my reloads than Double Tap or CorBon, and I believe a more accurate load meant less chance of a round going astray. I can point out that they have LESS velocity, so they are not "hot loads". I can point out that my firearms are primarily for recreational use, and by carrying my handloads that print exactly to the firearm's point of aim, rather than commercial stuff that has a different point of impact, I am once again exercising due diligence in doing everything I can to ensure bullets go exactly where the sights are aligned.
And so on... as Mitch Vilas points out, if you have a competent attorney, if a DA wants to go in this direction, your attorney can just as quickly turn this in your favour.
I'm not saying this CAN'T happen, but again, this is about reasonable risk management, not every conceivable "what if". When you take into account the chance you'll ever actually have to shoot, the chance it will be questionable enough that the State will seriously examine it, the chance you run into a rabidly anti-gun DA, the chance handloads will become a significant issue in the shoot, etc... well, I think I have a better chance of winning the Powerball lottery. If I'm that concerned about that small degree of risk, I'd conclude that seeing as how Montana and Idaho where I hang out are so relatively crime free anyways, maybe I will just be better off to eliminate the chance of a bad shoot or wounding a bystander and not CCW to begin with.
Further he denigrates your credibility as a reloader because you learned it from you grandpa or were self taught.
On the basis of what? I have reloading logbooks going back nearly 40 years. I have loaded literally millions of rounds. I have won assorted championships and events using that ammunition in various firearms. I can discuss just about any reloading topic he or any expert witness he cares to get brings forward. As far as that goes, I can probably get myself accredited as an expert witness in reloading myself.
It is fine to say you will just be denigrated - you do have the opportunity to rebut. You have to establish that the reloads WERE unsound/unsafe/whatever, not just blithly say it is. There are lots of skills that do not come out of schools and technical degrees - how many trials are you aware of where the DA has denigrated a person's credibility as a driver because their parents taught them instead of a driving school?
Again, anywhere a DA goes, a defense lawyer is sure as hell going to follow and exploit as well.
Realistic risk management.
I do recall this tactic in court in California (land of fruits and nuts) and will see if I can dig it up. I recall another case in Colorado where the DA spun the "exotic ammo" phrase many times. That is what lawyer do. Anything to win.
I'm sure they do - it's what both sides pay them to do. You're also aware, I'm sure, that when lawyers get pissy and ignorant, they run a real risk of alienating a jury and/or the judge - and they know that as well.
Once again, I'm sure this occasionally happens, particularly in the whackier states - which I don't go to. But let's keep this in context - how OFTEN does it happen? As often as Glock handguns go KaBoom? No? So it's even rarer than Glock KaBooms, which are themselves pretty rare - but you don't see citizens or even police forces suddenly deciding they better not carry Glock's for personal defense because it might cost them their life, never mind "go to jail".
Realistic risk assessment
Second, knowing Clark Aposhian, I ask you, or him; "what does he load? I know the answer. Its not that you can't. Its not that it is wrong. It is that you are taking a larger chance; remember Murphy.
Clark carries factory. That's fine, and he knows his stuff. But Clark is not a lawyer. Mitch Vilas is, and Mitch is the legal authority of the two when it comes to firearms law, the one who has written books on firearms law and self defense. When Mitch said in that class for state elected legislators that handloads would not be an issue, and if brought up could be just as easily turned to the defense's favour as the states, Clark did not speak up and disagree with him.
Again, there are probably many more reasons in favour of carrying factory ammunition than there are for carrying handloads. But "the lawyers will use handloads to throw you in jail" just ain't one of them. It simply isn't happening, and the odd exception where a DA tries that tactic does not prove the rule.
My reasons for carrying handloads are quite simple. I can afford to shoot them in quantities that I cannot afford to shoot Double Tap or CorBon. That means I am a better shot, and that means what I shoot recreationally and what I carry for defense perform the same, I am familiar with them, and print where the sights point. I have more liability when I start cranking my sights back and forth all the time to make up for the differences in sight adjustment. I realize that in a shooting I may not even see/use the sights - but you can be the one to tell the DA you didn't even use the sights, I sure as hell won't. If I DO ever have to shoot and DO use the sights... they sure as hell will be adjusted to exact point of impact.
On the scale of all the risks we assume when we CCW, the "handloads" issue is about as far down the scale as you can get, and if I ever get that twitchy about it, I'll simply leave the pistol at home and voluntarily join everybody else in the victim lottery.