Class III self defense

[Dacos]

Is it against the law to defend yourself with a Class III weapon, if you legally own it? Obviously this is more of a home defense scenario and not CCW. Further, would you be painted more of a criminal in the court or jury's eyes by using such a weapon in self defense, especially if you own other "not-so intimidating or extreme" weapons such as a m1911?

Curious, Dacos

 

[rock jock]

Legal, yes. Advisable, no.

 

[Blackhawk]

I can't imagine a situation where one would be the best choice, but if you own it, have paid the taxes on it, and have a justifiable need to use it, there shouldn't be a legal problem.

However, if you end up in civil court in a lawsuit, you'd probably have a harder time being perceived as "reasonable" after having ventilated an attacker with 97 bullets.

 

[Kharn]

If you're at the range plinking away with your favorite NFA item and someone starts beating you on the head with a baseball bat, you'd probably come out ok.

As long as you dont blast him with your M2 .50...

Kharn

 

[Dacos]

Actually, I was thinking more in terms of a short barreled rifle or shotgun not a full auto weapon (and therefore not many holes in the criminal). I would understand how someone might not be sympathetic if you pull a swiss cheese number on a criminal as it might be considered an over-response... Dacos

 

[TheLastBoyScout]

I'm not sure what part of the NFA that shortbarrels fall under, but I think C3 is full autos, only.

 

[Dacos]

My mistake then. Assuming short barreled weaps are class II, apparently self defense would be legal but wouldn't appear OK especially in civil court?

 

[Hkmp5sd]

NFA, commonly referred to as "Class III" firearms includes:

Any Other Weapons (AOW)
Destructive Devices (DD)
Machineguns
Short Barreled Rifles (SBR)
Short Barreled Shotguns (SBS)
Suppressors (silencers)

If you legally own the NFA weapon, it is perfectly legal to use it as a self-defense weapon. As mentioned, it may cause some legal problems after the fact (ie lawsuits and stupid prosecutors).

 

[ahadams]

honest officer, all 14 of them jumped through the front door, and I happened to have the safe open at just that moment, so I grabbed the first thing I could which just happened to be an RPK with a 75 round drum...I guess it was a good thing the neighbors had gone to a movie, eh?

 

[MeekandMild]

Not a good idea. These weapons are collectors items or hobby items or military offensive weapons and not civilian self defence weapons. You have to put the reason for buying it on the form 4. and I've never seen a form 4 which said self defence.

I think that any jury in the country would look really hard at a self defence plea and probably decide the shooter was coming into the situation with malice aforethought. You are shooting somebody with the biggest hammer in the cupboard, one which happens to require heavy security storage and much planning to use.

 

[Zundfolge]

I do think a suppressed pistol would be good for home defense.

Why do I have to risk permanent disability while defending myself?

 

[Tamara]

Reminds me of my favorite line from any of the case histories Ayoob's related:

"Eff you and your automatic rifle!"

(This is apparently Latin for: "The gene pool needs chlorinating!" )

 

[.45Ruger]

I believe I heard somewhere that police forces regularly use short barreled shotguns so I really can't see a problem with that. Lets be honest whats the difference in a shotgun with a 16 and 1/2 inch barrel and a 15 1/2 inch barrel besides registration and $200 to the government.

 

[Kharn]

.45Ruger: The NFA limit on shotguns is 18", not 16" as it is for rifles.

Kharn

 

[Don Gwinn]

There's an old chestnut of advice often passed on these forums which contends that one should not use a gun for defense that he would not want confiscated and, at minimum, banged around a police evidence room for a year or two before he gets it back.

For me, if I ever afford an NFA weapon, that will rule it out.