The failure to penetrate could be the least of your worries if an over zealous prosecutor gets his hands on you. Even in clean shoots, some times the shooter finds him/her self in court.
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Bonz,
I sat through most of Skip Gochenour's "After the Shooting" presentation this past Saturday, and all of it on Sunday. Essentially (AFAIK) the same presentation was given in Memphis at Tom Givens' Polite Society event in February. Here's what world- class instructor John Farnam had to say about it following that gathering:
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http://www.defense-training.com/quips/25Feb06.html
Skip Gochenour talked with us about cases of self-defense in which he has been personally involved. Some important points:
"True" vindicators, like the ever-popular SODDI ("Some Other Dude Did it") or the TODDI ("That Other Dude Did it") defense are seldom involved, as facts are usually not in dispute.
Once you suggest that you shot someone by accident, thereafter "justification " will be unavailable to you, as you've already admitted justification is irrelevant.
In fact, once you're charged with a crime, the first casualty is the truth. Truth becomes irrelevant. Prosecutors care only about convictions. Thus, anything you can do to delay the decision to charge you is usually in your best interest. The truth will usually not set you free, but a lie will definitely lock you up!
"Mandatory Retreat" laws are designed to punish all who would take a stand, or "sustain engagement." Fortunately, public sentiment and policy is currently going the other way on this issue, in most states.
Character witnesses are important. Be a good person, so you'll always have plenty!
Home invaders are particularly dangerous. Don't let them get control. Especially, don't let them tie you up. The time to take a stand is when you still have options.
What is sometimes incorrectly labeled as "excessive force," is often simply "excessively repeated applications of less-than-adequate force. Force, when applied, must be designed and intended to end the fight quickly with a single application, or there is no point.
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John was the keynote speaker at the event I attended this weekend (Andy Stanford's OPS Glock Summit) and I noticed that he sat through the Sunday session of Skip's lecture again.
There are lecture notes from a similar presentation at
http://www.teddytactical.com/archive/MonthlyStudy/2006/02_StudyDay.htm that might prove interesting to anyone concerned with the legal entaglements that might arise out of the use of deadly force in self defense. Why should anyone be interested in what this man has to say? Well, Skip Gochenour is the Director of the National Tactical Invitational, for one thing. And he's an investigator who has interviewed over 600 killers in the course of his career. He's made it a point to study the whys and wherefores of shootings of all sorts, including defensive shootings. And it is true that things don't always go well for the 'home team' when the legal process begins.
I certainly would not encourage anyone to use something so much out of the ordinary as a bird bomb for self defense, obviously. But if that's what happened to be in the gun when the act of self defense took place, I don't think any prosecutor who would not otherwise object to the shooting would object for that reason. I don't know if that would be the case in every instance, no doubt points could be made in almost any direction where the legal profession is involved. But a legally defensible shooting is most likely to be treated as such regardless of the ammunition used. It might be that a civil action could result from the shooting, and that the selection of unorthodox ammunition might have a bearing there. I don't know, I have not made a study of the cases.
But Skip's most important point IMO in his two hour plus lecture was this*:
If you are completely in the right... if you have made up your mind not to submit to an unprovoked violent attack upon yourself and/or your loved ones... if you have trained and prepared yourself to resist such an attack with an appropriate level of force... if you have mentally dealt with the fact that such a violent encounter might well leave you injured, permanently crippled, or even dead...
ARE YOU GOING TO BE SCARED OF SOME LAWYER?
(* from my notes, paraphrased not directly quoted)
Stay safe,
lpl/nc