Litigation Potential for Buckshot

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deafsg1

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On the way home from the range, I stopped in at Walmart, and the ammo guy happened to be there. I told him I was getting prices on shotgun ammo and that I was interested in comparing prices on buckshot ammo. He asked me what I was going to use it for. Home defense, no more than 30 feet, in an apartment. He felt that buckshot would overpenetrate, and the power behind it would probably be too much for me, which I agreed with. What I did NOT know was that in Texas (Houston), buckshot could be a liability in that it is not normally what you would use in a home defense situation like mine. It would be deemed premeditated in that I planned on "killing" someone with buckshot. A criminal could file suit if he survived. (Wouldn't he sue me regardless of what I shot him with?) Here in Texas, you don't shoot to kill, but to stop. At least he was steering me away from the more expensive shells. I'm trying to decide so that I can buy up my supply of shells before they go up again in price. Thanks China and India!

Thanks!
 
I've found that Wal-Mart employees rarely know what they're talking about. The only time I ask for their help is to get price checks or to inquire if an item that is missing from their shelf is still in stock, or to locate a specific item in the store. They are not trained in the technical details of the merchandise they sell, so they should not be considered a reliable source of information.
 
What I did NOT know was that in Texas (Houston), buckshot could be a liability in that it is not normally what you would use in a home defense situation like mine
Click to expand...

I'd love to see a citation for that authority. :rolleyes:

As said above, get your legal advice from lawyers.
 
You run the risk of being sued no matter what ammo you use. If you were to use birdshot, they could claim your intent was to seriously maim someone.

In a court of law, their are two sides to every story. It is better for you if only one side is present.
 
Gun shop opinions and even more so, Walmart employees opinions, need to be taken with a fistful of salt.
 
I wannabe a Wal-Mart lawyer.
I'll be in teh kiosk right over there between the McDonalds and the mens room.
We give free seminars every Wednesday night on how to decorate your home with Wal*Mart products so you can pass your Child Protective Services home inspection. A free pair of stretch-waist, wash-and-wear nylon jogging pants to the first 10 attendees.
 
buy what you think will work the best to assure your safety, worry about the legal aspect afterwards. And don't get your legal advice from wal-mart.
 
I wouldn't be taking legal advice from someone who makes seven bucks an hour. No matter what size shot you have,you just better be sure you need to use it before you pull the trigger.
 
Birdshot is next to worthless for HD. It simply does not penetrate enough to stop.

Use some type of buckshot. Most use 00, but #1 and #4 are also commonly advocated. 00 is the most common, though, and the only one I see on the store shelves around here. Buy as many types as you can get your hands on and pattern them to see what works best in your gun.
 
What I did NOT know was that in Texas (Houston), buckshot could be a liability in that it is not normally what you would use in a home defense situation like mine. It would be deemed premeditated in that I planned on "killing" someone with buckshot. A criminal could file suit if he survived. (Wouldn't he sue me regardless of what I shot him with?)
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Wrong.
It makes no difference what you shoot the criminal with.

Sept 1 the Texas Castle Doctrine (SB 378) is in effect and in a "good shooting" you can't be sued and you don't have to retreat from any place that you have a legal right to be.



Join the Texas State Rifle Association.
 
The ammo you choose is a secondary consideration. I can almost guarantee you that a lawyer or judge will be more interested in the fact that you actually fired the gun at someone rather than what came out the business end.

Simple answer is load what works and only shoot if you have no other choice.
 
Sept 1 the Texas Castle Doctrine (SB 378) is in effect and in a "good shooting" you can't be sued and you don't have to retreat from any place that you have a legal right to be.

-----------------------
SECTION 4. Section 83.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It
is an affirmative defense to a civil action for damages for personal
injury or death that the] defendant who uses force or[, at the time
the cause of action arose, was justified in using] deadly force that
is justified under Chapter 9 [Section 9.32], Penal Code, is immune
from civil liability for personal injury or death that results from
the defendant's [against a person who at the time of the] use of
force or deadly force, as applicable [was committing an offense of
unlawful entry in the habitation of the defendant].
--------------------------

What he said...
 
deafsg1 said:
... A criminal could file suit if he survived...
Click to expand...

Simple solution.....make sure he doesn't...

If you commit to using deadly force, make sure it is...

I prefer #4 buckshot, it still has enough mass to penetrate sufficiently, but it doesn't over penetrate as much as 0 or 00 buck...
 
Like above, I load my shotgun with #4 Buck because it's a better HD round IMO. It's a little safer than 00 Buck in a HD situation. If you aren't worried about over-penetration then 00 Buck was made to stop Deer which is a man size animal. I highly doubt your choice of ammo will determine weather or not you are prosecuted for a shooting. A good shoot is a good shoot no mater what you have in your gun. Of course my opinion is no more valuable than that of the Walmart employee so you should check with a lawyer to be sure.
 
In a court of law, their are two sides to every story. It is better for you if only one side is present.
Click to expand...

There will always be another side present. In a criminal case, that other side will consist of a forensics unit and investigating officer who will compare your story with the physical evidence, the witness down the road you didn't knwo was there, the camera across the street, etc. In a civil trial, it'll be a retired forensics/police investigator hired by the plaintiffs because he or she will say exactly what the other side wants said.
 
"I wouldn't put much stock in the legal advice of a Walmart associate."

Or for that matter an associate from Cabelas, BassPro, Sportsman's Warehouse, or your favorite gun shop or gun smith.
 
I wannabe a Wal-Mart lawyer.
I'll be in teh kiosk right over there between the McDonalds and the mens room.

W.E.G., sorry you can't be any kind of lawyer until you can spell "the".
 
you are responsible for the final stop of every projectile you fire.Thats why I choose slugs as my primary HD load and consider the vector of fire all the way to dirt. A side step ect., changes the whole world and can work to the good of a quick thinker!
 
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