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Ayoobian Fallacies Challenge to Members...

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And what firearms are most useful if we're attacked by aliens from the Planet Zorb hasn't been an issue, yet.

But will it be?

I've talked with a few very experienced criminal attorneys, and their take has been that the issue in a self-defense case, at least hereabouts, is always going to be the four requirements of Minnesota law, not the flavor of the ammunition or even the lethality of the weapon.

Quick check on that last: shotguns are, statistically, far more lethal than handguns. Do we have any evidence that one is more likely to be convicted when using a shotgun in self-defense than a handgun?

All in all, this worry about customization, handloads, non-PD issue ammo sounds to me like a solution in search of a problem.
 
Many thanks; glad you liked it.

(If you too your class from an AACFI instructor, there's no coincidence that the book was in line with the training; the book was the source for the course. I'm pleased that quite a few non-AACFI instructors are using it, too. I think the next edition, when we get around to it, will be better; there's quite a bit of stuff that I think needs to be expanded on, and a couple of minor things that are errors.)

And, getting back to Ayoob, I'm certainly not badmouthing him. I do respect his opinion, but until and unless there's some real-world events to point to that bear it out, his opinions are just that. And until they come from a burning bush, they're certainly subject to real-world checking -- and maybe even then.
 
If we're attacked by aliens from the planet Zorb, we won't need any firearms, just some very loud Slim Whitman music.

Ayoob is a heck of a nice guy, knows his stuff. He also has opinions and they seem to make sense to me, even if they are only opinions.
 
HBK...

"If we're attacked by aliens from the planet Zorb, we won't need any firearms, just some very loud Slim Whitman music."

No, NO, NO!

Slim Whitman makes MARTIAN brains explode. Zorbians are affected by other music. What kind of music, we'll have to experiment with.
 
M1911, great, don't provide apellate rulings. Find some original rulings. That would be fine. At least that would definitely make the argument that there is a huge problem we need to be warned about and may take multiple proceedings to resolve.
Which, of course, you can't find on FindLaw. And, of course, nothing would show up in the written rulings. Neither of us have time to start going through trial transcripts and even then, that would only show you who said what, not what convinced the jury to convict.

Are handloads likely to be a problem? I doubt it. Could they offer an gun-grabber DA more ammunition? I suspect so. Consequently, I'll stay with factory ammo and use my handloads for the range. I don't think I'm losing anything there, but YMMV.
 
Most of the premier finishing schools teach MINDSET MINDSET MINDSET. Situational awareness, etc. Could not Ayoob's admonitions be a subset of that? It seems to me he is urging people to take responsibility and think through their choices. In other words, have a pre-arranged idea of what you are going to say before anything happens.

In driving, they call that mindset defensive driving. You not only watch out for your driving, you pay attention to the other guy's. It seems to me to be a good idea. Of course, reading it or hearing it over and OVER can begin to sound like a sermon after 20 or 30 years. Think of Jeff Cooper you newly minted 1911 pattern fans: Jeff beat the drum for the 45 Auto for a good 25 years, with most of his admonitions falling on deaf ears. Now people act like he wrote the Holy Bible. Go figger. :uhoh:
 
Yup; no easy answers. It's important to listen to what people say, then make up your mind for yourself. I think Cooper has a lot of interesting things to say, but I find him more interesting when he's actually putting together reasoned arguments, and less so when he's speaking ex cathedra, as the Pope of the Church of the Holy Cooper.
 
I may be wrong on the timeline, but I seem to recall starting to see Ayoob's recommendations against using handloads about the same time he had some financial interest in one of the "boutique" high performance ammo companies - IIRC it was Cor-Bon. A connection? Maybe - just maybe - a little bit of "Don't handload, buy MY stuff instead!"

I DO remember he indignantly defended his interest there, with words to the effect that he knew a good thing when he saw it, and made no apologies for buying in.

I think he later had some sort of relationship with another one of the small high-performance ammo companies . . .

In any case, unless I do something exotic, I don't believe I can load a 9mm or .45 that will be more effective than the best commercial loads available today. So I use factory ammo. (But none of my pistols are DAO with 12 pound pulls. ;) )
 
Personal endorsements for or against Mas Ayoob as a person are not in the remotest element relevant to this discussion.

ctdonath stated, "Just because something hasn't happened yet doesn't disprove the concern that it reasonably could according to someone whose job it is to know and predict such things. "

Ah, the chant of the dataless. The alternate chant of the dataless, rather the counter argument I am using that is just as valid for the same reasons as you believe Ayoob's argument to be valid is that just because he says it could happen does not mean it will. He does promote the aspect that it is a very real likelihood and hence suggests specific behaviors on the parts of gun owners. These are apparently based on his premise, for which he has no data that he has ever published, that it will happen. My counter argument is simple. He has had 30 years of shooting data from which to gather court information and that as the professional witness gunwriter law enforcement officer, you would think that if there was supporting data to his claims, he would be one of the first to know about them and they would be published as proof of his prognostication abilities in his writings. He has lots of LEO and student fans out there who are in contact with him. Some have responded here. If any of those had the information, they would likely share it with him. So his potential reference network is HUGE. Still no data.

He made his predictions and repeats them in print like he repeats information on people needing to keep their mouths shut after a shooting, as if they both carry comparable weight.

FYI, Ayoob is not in the legal business except as a tech. He is a cop, gun writer, and testifies in court, but is NOT a lawyer. He also is not in futures trading or an odds maker in Vegas. It is not his job to predict such things professionally except in gun writing and as an odds maker, he is right up there with Chicken Little. The sky may fall. Just because it hasn't fallen yet does not mean it won't. That's the logic, right? I could contend that since we have a long history of the sky not falling, that it is something of a myth, even comparable to a children's story.

grnzbra, I appreciate your offer of Bernie Goetz. I have no idea as to the specifics to which you are referring, but as I recall, he was acquitted of the shooting (but I don't know the reason for being acquitted), but lost the civil suit. He used a regular Beretta and supposedly used hollowpoint ammo (not handload). I don't recall any aspects relevant to handloads, race gun, or anything like that. He did have the right to use lethal force, but did so with an illegal weapon for which he did jail time. It was argued, and I don't know if it was verified, that he used ammunition that was illegal in New York and said ammunition was what he used to shoot the attacker that was paralyzed. Said ammo was hollowpoint ammo. http://www.lectlaw.com/files/cas91.htm Maybe somebody can state the basis for the loss of the civil suit, but I don't know it. No doubt it did not help that he told NBC that he was on a halluncigenic drug at the time of the shooting. http://wildcat.arizona.edu/papers/89/132/09_2_m.html
 
In another thread on factory versus handloads where the issues of legalities and potential pitfalls of using handloads in a self defense shooting, I noted the problem as being an "Ayoobian Fallacy" along with others such as 1911s bad for self defense because they are hard to defend in court (Ayoob's lawyer claimed this and Ayoob discussed the issue recently in one of the gun rags), light triggers will get you in trouble in court, don't use a race gun, your gun better be a stock model, etc.

Massad Ayoob is a LEO (captain), prolific gun writer and a very much in demand expert witness in self-defense with a firearm cases. His testimony (based on many years of experience) have in hundreds of court cases helped to acquit many falsely accused (of a bad shoot) citizens.

When he says that "light triggers will get you in trouble in court, don't use a race gun, your gun better be a stock model, etc" he is saying that in some venues the judiciary is just looking for any reason to rule against you and in many cases he is correct.

I have personally witnessed his testimony in court and I have also seen his skill at several NH ranges with a variety of different weapons and I can assure you that in both cases, the man is highly skilled. I know it really bothers some people, for some unknown reason (I highly doubt that it could be jealousy :rolleyes: ) but he is the real deal.
 
DNS,
It has been obvious (at least to some here) from the beginning of this thread that you were not actually interested in locating cases (there are none, and you know that), but instead making an opportunity to bash Ayoob. This becomes even more obvious in your latest post, wherein you put a lot of energy into stating what is already understood.

As has been repeated, Ayoob himself states there has not been any such case, but that in his professional opinion there eventually will be one and that factor should (at least momentarily) be considered in choice of tools. Ayoob himself says take it or leave it. Accept or discount his opinion as you like. Read or don't read his articles as you like (which, oddly, you seem to do a great deal of despite expressing many reasons not to).

As such, I have to ask: why do you push this point so hard? why did you bring it up in the first place?
 
I fully agree that personal endorsements are irrelevant, and, frankly, ditto for whatever interest he may have had in any ammo manufacturer, if any. There's enough real-world data to look for -- and either find or not find -- to discuss without taking swipes at folks' motives.
 
Do you doubt.........

.........that there are jurors who will be swayed by post mortem photos of exit wounds caused by a .357 magnum firing JHP.

I have seen Judges allow them to be admitted into evidence, even photos not actually of the victim. Counsel for the defense objects. Judge overules. Photos are shown to the jury. Is that grounds for appeal later? You bet it is. Is it going to cost you thousands to appeal it? You bet it is.

Has Ayoob been up against these types of tactics in court before. You bet he has.
 
ill play

i think this would have a lot to do with how much the plaintiff's lawyer or prosecutor knew about guns and how much they wanted to do you in after a self-defense shooting. is there any LEGAL significance to using handloads or factory ammo?
not at all, the issue is whether or not your life was in danger and you used the appropriate force at the right time.
but things that normal people dont understand, like handloaded defensive ammo, race guns, light triggers, etc. could all be used to sway a jury........i mean imagine yourself as a sheeple in a jury box hearing about all the destructive things this mean gun owner did so he could "defend himself"
(this could be refuted with expert witnesses, if you can afford them)
a jury can be fickle and dumb........or smart and full of common sense.......
the handloads, race gun, and single action issues are all jury fodder........all a lawyer has to do to use them against you is tand up at closing arguments and rail on about how evil your gun is because you did this to it and that to it........and by then its too late for witnesses.....
im not saying this has ever happened, i dont know, and it might not ever, but it doesnt take a creative imagination to see that it could happen......so maybe ayoob has a point.......maybe not :uhoh:
 
I was on a jury in a Voluntary Manslaughter case. The weapon was a .38 Special snubbie. The ammo was HydraShok. (Shock?)

The prosecution did indeed try to make an issue of the selection of ammunition. Evil and badnasty, etc., etc. Buying such ammo showed bad intent...

This was not an issue in the jury room during deliberations, however; not even for the non-shooters.

This was a west Texas jury. One of the other jurors was a gunsmith. had it been in Austin, the jury might have viewed the gun issue differently.

Anyhow, Ayoob does have a point about one's choice of equpment--but it's definitely situational as to the local culture.

Art

PS: As it turned out in this case, we found the guy not guilty on account of his daughter did the shooting--and she wasn't on trial. The consensus of the jury, privately, was that the deceased needed killing, anyway. I think the women on the jury held that view more strongly than the men.
 
OK, fine, I'll play too:

Use what your local PD uses? You're a cop wannabe.
AND
1911 or Beretta 92? Military wannabe.
AND
Anything any agency uses? Appropriate agency wannabe...
AND
Cheap; small; 9mm? Gangbanger wannabe.

Handload? You must want to make super-duper killer bullets, factory loads aren't deadly enough for you.
AND/OR
Hollowpoints? Sadistic, with a desire to inflict undue pain and suffering.
AND/OR
FMJ? Irresponsible (except for NJ) because you "could have" injured someone downrange because of overpenetration.

Practice at the range? Only "so you can kill better."
BUT
Don't practice? You're an irresponsible gunowner.

That should cover all the bases. Any questions? :evil:
 
I was on a jury in a Voluntary Manslaughter case. The weapon was a .38 Special snubbie. The ammo was HydraShok. (Shock?)

The prosecution did indeed try to make an issue of the selection of ammunition. Evil and badnasty, etc., etc. Buying such ammo showed bad intent...

Ok, we now have one confirmed case where the ammo choice did indeed come up as a factor in the trial. Even though the prosectutor's argument didn't seem to matter, it is interesting that it did indeed come up.
 
maybe we need to start lobbying ammunition manufacturers to rename their bullets, instead of hydrashocks or bearclaws, they could be named powderpuffs and ticklers. Colt could rename their famous autoloader to be "My Pretty Pony." No civil lawyer would be able to say with a straight face that defenedant meant to seriously maim or kill his assailant in a premeditated manner with his Pretty Pony shooting cop killer Powder Puff bullets.

I think some of what Ayoob says makes sense.
Jury=lowest common denominator.
 
Anybody ever think that perhaps Mas keeps harping on this issue cause his lawyers told him to get it into everything he can so as to avoid being sued? He's in the business of giving advice (basically), and he's a well known expert.. if somebody uses his advice and gets in trouble they may be able to sue him..the magazine..book publisher...etc...

I think that it's all a case of CYA, and I would never hold that against someone.

Ridiculing someone for covering their backside (even if it's more coverage than in *your* opinion is necessary) is just plain wrong.
 
So essentially we have a theory that everyone seems to agree has NO evidence to support it, yet we are supposed to uncritically believe it?

:rolleyes:
 
Nope, everybody has their opinion on the matter. Mas's opinion just happens to be likely very safe from a liability standpoint.

My point is making personal attacks against anyone for stating their *opinion* on this subject is wrong.
theory that everyone seems to agree has NO evidence to support it
Seems several people agree, and some had personal experience related to it (even if it had no affect on the outcome).
 
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