Are .38 Special (SPL) wadcutters covered by the Hague convention with regards to self defense

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RadekSkylark

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Hello, everyone!

I've been carrying wadcutters in my revolver as I'm from Europe and I'm not allowed to carry expanding (e.g. hollow point) bullets.

And although after purchasing my revolver years back I got told by the police (in just "words") that wadcutters are allowed to be carried, I'm now kind of starting to think about this subject again, as their prices have gone up to match the one for FMJ truncated cone type of rounds (so far they were around 15% cheaper).

This topic is not a question of which round/bullet is better for self-defense - a wadcutter or FMJ-TC, but rather about the Hague convention and "its ban" of "expanding and flattening" rounds. To be clear, I'm referring to the Hague convention cause in my local laws there is no explanation about what is considered an "expanding bullet" by the law, and as I understand many European countries have adopted this ruling by the Hague convention incorporated it into national laws. So, I presume, that this is the origin of the clause in my local law that prohibits the use of "expanding bullets" for self-defense.

As far as I understand, the Hague convention actually does not apply to police or armed citizens in regular situations - it applies only to "armed conflicts". So, if there would be no prohibition on "expanding bullets" in my local law, I'd ignore it completely. But because there is this clause, the statement in the clause from my local law may be a simplification of the clause by the Hague convention. So, I'm thinking to myself, if I would need to apply the Hague convention ruling regarding expanding bullets to self-defense situations would it also apply to wadcutters?

Below is a quote (as far as I know) from the Hauge convention:
"The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.” Declaration (IV,3) concerning Expanding Bullets. The Hague, 29 July 1899.

Although I know that wadcutters do not expand, at least nowhere near as much as hollow points do, they may be considered to "flatten easily in the human body". The example given is a "bullet with a hard envelope which does not entirely cover the core". Usual plain lead wadcutters, which is exactly what I've carried so far, of course, do not have any type of envelope or jacketing, so the example provided does not exactly match these wadcutter bullets. So one is left wondering, how can I know if these wadcutter bullets "flatten easily in the human body"?

First of all, by "flattening easily in human body" I presume they were thinking about bullets, that would noticeably increase in diameter after flattening in the human body, that is, in their own way "expand". Of course, ballistic gel is not a human body, but from what I've seen in ballistic gel tests I have not seen wadcutters flatten noticeably. Would they do so in a human body? I could only guess, as I don't think we have definite proof, do we?

So my question to everyone is this - would you argue that wadcutters are covered (under) the expanding bullets ban by the Hague convention or are they not?

On a practical note, I think if there will be enough information to suggest that they actually might be I'll probably stop carrying them, which would be a pity because I think they're the best choice from the point of terminal ballistics I can make in comparison to all other possibly over penetrating FMJ rounds.
 
Any unjacketed lead bullet has the potential to flatten on impact. Wadcutters are usually dead-soft so they are going to flatten more than a bullet that's made of a harder lead alloy. The flat front profile also might contribute to more flattening than a round-nose design.

That said, wadcutter rounds are made specifically for target shooting and have no design features intended to cause them to flatten on impact. The things that might make them flatten are there as a consequence of being designed to cut neat holes in paper and because they are intended to be inexpensive.

The problem is that the Hague statement is impossibly broad and doesn't contain enough specifics to make any kind of a ruling.

What you need to do is get someone in authority in your area to give you a definitive read on your local laws. The laws are there to prohibit behavior and there has to be enough information in them to explain what behavior is prohibited--or at least to give the citizens enough information to insure that they aren't breaking any laws. Someone has to know what the law means or there would be no way to prosecute anyone. You might have to find a lawyer who specializes in applicable cases and pay to get them for the information.
 
RADEK,

The BRITISH had adopted an underpowered .38 S&W (not .38 Special) round as the .38/200 for use in their revolvers between WORLD WAR I and WW II. It used a 200 grain lead round nose bullet. They dropped this load and replaced it with a 178 grain full metal jacket. So based on that precedence, I would say that an unjacketed lead bullet would be banned by the HAGUE conventions.

While I do not place much faith in fmj ammo, an alternative might be using a large caliber round like a .40 S&W or 45ACP. While the .45ACP has a much hyped stopping power reputation when using fmj ammo, it is likely to be better than a .38 Special wadcutter. If .45ACP is not legal due to it having been used by a military, the .40 S&W round may works. It was never adopted as a military round and comes in a wider selection of guns.

Just a suggestion as I do not know what legal restrictions you have to work with.

Jim
 
Thanks for the answers, guys! I do plan to try and find someone who has the authority to give me an answer that has any meaning behind it. Probably I'll just need to write an official letter to the police to ask about this, cause I'm not sure there are any lawyers that specialize in firearms as this is not such a huge thing here as it is in the US.
 
Another option might be Hard cast lead with 5% antimony, easily sourced from tyre weights here in the USA. But I don't know if Europe still uses lead weights for anything.
I have seen hard cast pistol bullets go straight through deer, only deformed some when hitting bones and I wouldn't call it expansion. They go straight through water jugs with no deformation at low supersonic velocity. (38spl is never supersonic in standard loadings)
 
Hello, everyone!

I've been carrying wadcutters in my revolver as I'm from Europe and I'm not allowed to carry expanding (e.g. hollow point) bullets.

And although after purchasing my revolver years back I got told by the police (in just "words") that wadcutters are allowed to be carried, I'm now kind of starting to think about this subject again, as their prices have gone up to match the one for FMJ truncated cone type of rounds (so far they were around 15% cheaper).

This topic is not a question of which round/bullet is better for self-defense - a wadcutter or FMJ-TC, but rather about the Hague convention and "its ban" of "expanding and flattening" rounds. To be clear, I'm referring to the Hague convention cause in my local laws there is no explanation about what is considered an "expanding bullet" by the law, and as I understand many European countries have adopted this ruling by the Hague convention incorporated it into national laws. So, I presume, that this is the origin of the clause in my local law that prohibits the use of "expanding bullets" for self-defense.

As far as I understand, the Hague convention actually does not apply to police or armed citizens in regular situations - it applies only to "armed conflicts". So, if there would be no prohibition on "expanding bullets" in my local law, I'd ignore it completely. But because there is this clause, the statement in the clause from my local law may be a simplification of the clause by the Hague convention. So, I'm thinking to myself, if I would need to apply the Hague convention ruling regarding expanding bullets to self-defense situations would it also apply to wadcutters?

Below is a quote (as far as I know) from the Hauge convention:
"The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.” Declaration (IV,3) concerning Expanding Bullets. The Hague, 29 July 1899.

Although I know that wadcutters do not expand, at least nowhere near as much as hollow points do, they may be considered to "flatten easily in the human body". The example given is a "bullet with a hard envelope which does not entirely cover the core". Usual plain lead wadcutters, which is exactly what I've carried so far, of course, do not have any type of envelope or jacketing, so the example provided does not exactly match these wadcutter bullets. So one is left wondering, how can I know if these wadcutter bullets "flatten easily in the human body"?

First of all, by "flattening easily in human body" I presume they were thinking about bullets, that would noticeably increase in diameter after flattening in the human body, that is, in their own way "expand". Of course, ballistic gel is not a human body, but from what I've seen in ballistic gel tests I have not seen wadcutters flatten noticeably. Would they do so in a human body? I could only guess, as I don't think we have definite proof, do we?

So my question to everyone is this - would you argue that wadcutters are covered (under) the expanding bullets ban by the Hague convention or are they not?

On a practical note, I think if there will be enough information to suggest that they actually might be I'll probably stop carrying them, which would be a pity because I think they're the best choice from the point of terminal ballistics I can make in comparison to all other possibly over penetrating FMJ rounds.
 
I can't think of a single enemy the US has engaged since the conventions were agreed upon that actually abided by them. Conventions are for politicians far from the realities of war. I know for a fact that soldiers will do and use whatever is available or creatable to stay alive.
 
Another option might be Hard cast lead with 5% antimony, easily sourced from tyre weights here in the USA. But I don't know if Europe still uses lead weights for anything.
I have seen hard cast pistol bullets go straight through deer, only deformed some when hitting bones and I wouldn't call it expansion. They go straight through water jugs with no deformation at low supersonic velocity. (38spl is never supersonic in standard loadings)

I'm not allowed to load my own self-defense loads based on the law, so this would not be an option for me either way.

You're not covered by Hague convention.

If you were, wadcutters would be allowed.

There are many things to worry about in life - this isn't one.

As I tried to explain, I'm not concerned by directly being covered by the Hague convention, but rather by the possibility that if anything happened (a defensive encounter) and the use of wadcutters would be argued concerning my local law and its clause about non-expanding bullets, there may need to interpret this clause and it may turn out that the interpretation should come from the Hague convention as that may turn out to be the original source of the idea for the clause in my local law.

To be honest, I'm not really worried about this, just a thing I thought of and thought it would be nice to hear some other points of view, cause I don't see any court being able to make a citizen guilty of carrying wadcutters when the only thing the law says is "you cannot use expanding bullets for self-defense", as it should be impossible to prove that wadcutters are expanding (they may be flattening, but this is not the wording in my local law), and a citizen should not be held accountable for not knowing the Hague convention considering that there is no mention of it in the law. So yeah, most likely I have nothing to worry about and I can keep using wadcutters for self-defense, and most likely there wouldn't any problems with that even in the local court.
 
.455 Webley Mk IV [11.55×19.3mmR]: Introduced in 1912. 220 grain, flat-nosed wadcutter with cordite propellant. Designed with the goal of producing a more effective bullet than the Mark II without violating the terms of the Hague Convention.

Above from Wikipedia, so history says wadcutters are not prohibited.
 
It’s commonly known and accepted that a wadcutter exists for target shooting. That’s why it was created and why it exists in the marketplace. The fact that they’re better than FMJ (“military bullets,” btw) for self defense is happy coincidence which I doubt is commonly known outside of gun enthusiast circles.

If you should, God forbid, have to use your revolver, which of course you own for sporting purposes, in self-defense, what is the surprise that it happened to be loaded with the ammo you had at hand, which was target shooting wadcutter ammo? This ammo excels for target work because it has a broad, flat face, reducing the risk of penetration, and punches clean, easily scorable holes in paper targets.

I can’t see a problem here. At the end of the day the old dictum “better to be judged by 12 than carried by 6” applies. And the 12 would not be unduly persuaded that your target ammo was “evil,” any more than they could be persuaded by a malevolent attorney to believe that “military style” FMJ was evil.
 
If you are concerned about using lead bullets that might be cited as expanding, I'd look for a full metal jacket round in the caliber of your choice with the widest flat nose you can find.

I'm sure being involved in a shooting anywhere will cause more problems than one would ever want, adding a bullet that might possibly escalate those problems is just asking for trouble.
 
Asking a question of law enforcement by means of a letter (document) is something I would avoid. Why put yourself on record?

After my own loud thinking above I probably will not as I don't see how they could make me responsible for understanding that wadcutters cannot be used if only "expanding bullets" are mentioned in the law.
 
As I understand, wadcutters are specifically designed for the purpose of putting a nice round uniform hole in a paper target to facilitate feedback on accuracy and scoring. Depending on multiple factors, even FMJ rounds MAY expand in a target (living or otherwise). Not to the degree of a HP or SP, but if the projectile strikes something in (or in route to) the intended target, it may become mis-shapened to some degree, resulting in a larger diameter (thus expanded) than it was prior to exiting the muzzle of the firearm that launched it. Bottom line, in your case I would seek legal advice, in the event you are forced to use your firearm for defensive purposes while it is loaded with this target ammunition in the future.
 
There are quite a number of internet posts on the subject of carrying target wadcutters in a defensive weapon. Advantages are said to be low recoil in a lightweight revolver and that clean hole from a short barreled revolver that might not generate enough velocity to expand a hollow point.
 
I don’t carry this revolver often .. actually twice since I have owned it .. as all my revolvers ..stays loaded
And it is loaded with 148gr LHBWC
A3D99201-F52D-45B7-AA96-069CC905704C.jpeg Model 12
 
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