ljnowell
Member
I don't carry a 380 but my father does. He carries a 95 grain lead hollow point handloaded by me.
That's the kind of ammo you carry in your 380?
I apologize, I forgot what thread I was in and was responding to someone saying that " many people do not know what effect their carry round actually does "...That's the kind of ammo you carry in your 380?
Interesting!
You people carrying handloads, God help you if you ever shoot anybody with that stuff. The issue isn't (usually) "he wasn't satisfied with regular factory ammo; he had to go an load special, deadlier bullets, designed to inflict more horrific wounds." The issue is of forensic testing of the ammo. If the distance at which the suspect was shot becomes a factor in a trial (and it often does, being used to persuade the jury that the suspect was or was not as imminent and dangerous a threat as the defendant says he was), then gunshot residue tests may be vital in confirming that the shooting was, in fact, at bad breath distance like you said, and not, say ten or fifteen feet away, like the prosecutors are claiming. Remember, even if your lawyer can summon expert witnesses to certify that an assailant is still a deadly threat at that distance, any evidence that makes it look like what you said to investigators is different than what actually happened will make it more likely that a jury will think you are being deceptive.
A forensic lab can take your factory ammo, and check it against identical ammo from the same lot produced by the manufacturer. They can't do that with your handloads. The court won't take your reloading data either and duplicate the round that way. It's seen as self-serving evidence, and not independent, and therefore suspect.
That is an absolutely false statement. The very case you cited, the Bias case, is proof to back up that statement! This is hardly pointless. It goes directly to the advisability of carrying handloads as defensive ammo. I think that's highly relevant to the type of ammo you carry.Please don't derail this thread that way. It's been argued to death. There is no proof at all to back up that statement and it's pointless.
Maybe they can, but they won't.A forensic lab can most definitely test your ammo.
Don’t count on the crime lab testing the remaining rounds from your weapon as taken into evidence at the shooting scene. If the fight was sufficiently intense, there may not be any rounds left in the gun that saved your life. Even if there are remaining cartridges in evidence, they may not be tested. The prosecutor can argue, “Your honor, firing those cartridges consumes them! It’s destructive testing! The defense is asking the Court’s permission to destroy the evidence! You cannot allow it!” Do you think that’s a BS argument? So did I…until I saw a judge accept it, in a case where handloads were used in the death weapon (emphasis added), but the state crime lab tested with a much more powerful factory load, based on the headstamp on the reloaded casings. That gave a false indication of distance involved, and the defendant – whom I have strong reason to believe was innocent – was convicted of manslaughter.
You’d think the court would take the reloader’s records into account and allow testing based on that. It doesn’t happen. No one has yet been able to offer a case where the Court took the reloader’s data or word for what was in the load (emphasis added). It’s seen as self-serving “evidence” that can’t be independently verified. Sort of like a rape suspect saying, “I couldn’t have done it, because it says right here in my own diary that I was somewhere else that day.”
http://www.gundigest.com/gun-blogs/books/handloads-not-a-good-idea-for-concealed-carry
It's the only case of which you are aware. Even if that had not been so, Ayoob's other point still stands: you cannot rely on the police testing the remaining rounds in your gun (if there are any).The only case that came into question was Daniel bias and that's because he had multiple different handloads in the gun at once.
That is an absolutely false statement. The very case you cited, the Bias case, is proof to back up that statement! This is hardly pointless. It goes directly to the advisability of carrying handloads as defensive ammo. I think that's highly relevant to the type of ammo you carry.
Maybe they can, but they won't.
It's the only case of which you are aware. Even if that had not been so, Ayoob's other point still stands: you cannot rely on the police testing the remaining rounds in your gun (if there are any).
And let me tell you, having sat through many trials, and having seen the justice system at work, for the love of God don't count on the lawyers, judges, and jurors being sensible. The court system is not some ideal system that always works the way it's supposed to. It's an institution run by people, carrying all their prejudices, errors of opinion, ignorance of facts, etc. into the court room. Every time you step into the courtroom, you are rolling the dice. You think innocent people don't get convicted? Think again. Why would you ever want to hand the prosecution something to use against you? Even if you win the case in the end, the harder you make it on your defense team, the more it's going to cost you in legal fees. Funny you should mention Bias -- his legal fees ended up topping $100,000 and bankrupting him. And he was still convicted of a felony and is now forbidden to own firearms. Seems like factory ammo is pretty cheap insurance to close off that line of attack to a prosecutor.
Save your handloads for practice.
I'm not a police officer. I have no intention of shooting through barriers. 8-10in of penetration is all I ask of the .380.
And Ayoob also pointed out that he has seen cases where police refused (per the prosecutor) to test the rest of the ammo remaining, because it was "destroying the evidence," and as silly as that sounds, the judge accepted the argument.No it's not. Plainly you can't, or won't read. The ammo in that case couldn't have the results used in court because he had MULTIPLE different loads in the SAME cylinder. He had a box with different loads in it and they were mixed and matched. There was no say to say which one she was shot with.
Because it proves that handloads most certainly can become an issue with a criminal trial. It's NOT the total non-issue you are claiming. Any trial will be unique unto itself. You can't predict what will happen in any particular case, especially a hypothetical one. But your best guide is past cases. Handloads are something that the prosecutor can make an issue of. It's happened before. Opting to use them means you are needlessly handing a prosecutor a potential avenue of attack. Why would you want to do that?However in the world you could possibly say that proves your point is beyond logical thinking.
Pardon me, but I am going to assume that the guy who has spent years studying the issue, and who has been called in numerous trials as an expert witness, who is a former Vice Chairman of the Forensic Evidence Committee of the National Association of Criminal Defense Lawyers (NACDL), and is believed to be the only non-attorney ever to hold this position, is probably someone who knows just a little bit more about this issue than an internet commando who has, in all probability, no direct experience of self-defense shootings, and no legal expertise.While you are bringing up AYOOB realize that he can't provide any evidence or cases to back this up either.
I'm done with the argument because, as usual, you will argue without anything to back you up and insist it's fact because some guy said it is.
Oh yes there is!Please don't derail this thread that way. It's been argued to death. There is no proof at all to back up that statement and it's pointless.
Yes, of course, and you may choose to have it done.A forensic lab can most definitely test your ammo.
Posted by ljnowell:Oh yes there is!
The "proof" lies in the underlying requirements of the rules of evidence.
I started to suggest that you read Daubert v Merrell Dow, but in view of the complexity of the subject and all of the relevant nuances, I think you would be much better off taking a course that focuses on how the rulings have affected the admissibility of forensic scientific trace evidence.
I have, by the way.
Until you have done so, I strongly advise that you accept what Billy Shears has said here.
Yes, of course, and you may choose to have it done.
However, should you try to have the results introduced into evidence, the attorneys for the other side (for the state or the plaintiff) can surely be expected to object, and they would have a very sound legal basis for doing so. The judge would certainly be expected to prevent the evidence from being admitted.
The jury will never know it existed.
I am curious as to what (if any of you plastic frame totting .380 newcomers carried 9mm Corto way back then) did you do for ammo
That's the kind of ammo you carry in your 380?
Interesting!
Yelling is uppercase.Why the hell are you yelling.