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So, not the topic I was looking for, but came across a different forum, and a post where people were discussing carrying extra magazines, among other things. There were a couple of people of the opinion that carrying an extra magazine "makes you look like you want to kill others". There were also those saying the much-repeated "the jury will want to put you in jail if you carry hollow-points" and "carry a very plain firearm because otherwise you look like a crazy gun nut".

I've seen the other stuff discussed before, maybe even here, IIRC. However, I've never heard the one about "carrying an extra magazine" making you look more dangerous to a jury (assuming a self-defense shooting has occurred and you end up in court for some reason). Was that just the idea of one or two people, is that something from another state (the locations of the posters weren't apparent), is it something new that I somehow missed, or even something old that I missed? What do y'all think?

Most folks I know who carry an extra magazine do so for one (or both) of two reasons: the possibility of multiple assailants, and the possibility of a magazine-related malfunction.

Attorney Andrew Branca's answer to the eternal question "Can X be used against me in Court?" is always "Yes!" None of the instructors I've trained with have mentioned this particular issue of the jury thinking poorly of my carrying multiple magazines, including Andrew Branca, Massad Ayoob, Tom Givens, and Karl Rehn. In fact, Givens recommended carrying multiple spare magazines in the Instructor Development Couse I took.

Anything I say or do can and will be used against me in a court of law. My course is to train in gun handling and knowing the law so that my attorney does not have to work harder to overcome my words or actions. I have to make choices that maximize the odds of my winning the fight while staying within the boundaries of the law.

oljames3 wrote: ↑Sat Oct 23, 2021 1:58 am My course is to train in gun handling and knowing the law so that my attorney does not have to work harder to overcome my words or actions.

Says it all right there.

There's definitely some truth here. A skilled prosecutor can take some little thing like that and tear you to shreds with it.

Indeed, and emphasizes the importance of having attorneys who specifically have SD-law expertise and experience in those cases.

I've never been big on the kind of self defeating attitude that seems to be going on in that other forum. It sounds like they would rather by carried by six than do what's right and be prepared to justify their actions.

Being prepared means that you are aware of your environment and have taken steps to avoid unnecessary violence. I don't ever plan on using my guns for violence, but they are there if everything else fails the situation requires it. If everything else fails and the situation requires it, sabotaging myself because I'm scared of my own shadow is about the worst thing I could do.

There's a lot bigger things most people should be worried about. Like gun safety, being able to consistently hit what you aim at, knowing how to safely and effectively use a concealment holster, understanding and using cover, etc... Every jury is different, but learning the relevant the law is also one of the most valuable aspects of training.

Unless I am arrested, after I use my gun in self defense, how would a prosecutor know if I carried extra mags, bolo knives, or a pair of ladies undergarments? I fully understand my gun being held as evidence, but anything else, could only be taken, incident to arrest. Now, I’m sure there are some LEO who believe they have the right to seize everything up to, and including my house keys, but unless I’m arrested, I am not surrendering anything besides the gun I had to use. JMHO

So explain to me how my extra mags (carried often for a malfunction, not capacity) triggered a perp into an attack and caused him to try and take a life????????????

Oh, because he didn't attack you, of course - you were a serial-killer looking for prey and that poor man was jes' mindin' his own bidness....

Seriously, after watching the last half of that Raven 23 video I posted in Off-Topic, I'm now even less-confident that the truth will come out if a prosecutor is really out to get you. They got Nick Slattern convicted of murder and sentenced to life when another guy had admitted to the shooting Nick was accused of (specifically targeted him because they knew he could sink the prosecution's case, so they knowingly sent an innocent man to prison for life).

Jusme wrote: ↑Sat Oct 23, 2021 1:03 pm Unless I am arrested, after I use my gun in self defense, how would a prosecutor know if I carried extra mags, bolo knives, or a pair of ladies undergarments? I fully understand my gun being held as evidence, but anything else, could only be taken, incident to arrest. Now, I’m sure there are some LEO who believe they have the right to seize everything up to, and including my house keys, but unless I’m arrested, I am not surrendering anything besides the gun I had to use. JMHO

yep and if he or she did arrest you and the "extra" magazine was listed in your property then the prosecutor would know if you had extra stuff and most likely use it agaisnt you. I would rather have a backup plan than rely on a single plan, besides i like to visit ranges when i travel to see how others are run. the undergarments and take my chances.
truthfuly the only time i got scared was after my 1st and only arrest was when they insisted (booking officers) i looked like a guy wanted in Sacramento for murder , they even went so far to discuss flying me to ca for questioning....yes i was nervous becasue it was not me and i had not been to ca in long long time and i was in new mexico where law has no rules.

Thanks for the responses. Does anyone know of any cases where the defendant was convicted due to having an extra magazine on his or her person during a defensive shooting situation, or that the carrying of an extra magazine was used by a prosecutor to convince the jury? I don't have access to those sort of resources, but I know a few of you do.

Do I carry a spare tire? Yes, because without it there's a possibility my vehicle becomes a useless lump and my safety is compromised and threatened by being stranded with an inoperable vehicle due to the failure of a user changeable part that I should have known enough to have on hand.

LDB415 wrote: ↑Sat Oct 23, 2021 8:56 pm Do I carry a spare tire? Yes, because without it there's a possibility my vehicle becomes a useless lump and my safety is compromised and threatened by being stranded with an inoperable vehicle due to the failure of a user changeable part that I should have known enough to have on hand.

I completely agree with your rationalization and logic. Unfortunately, you are very unlikely to get 12 people with my mindset on your jury.
IANAL!
But I’ve served as foreman on two juries, one a murder case. I’ve lost count of how many other juries I’ve served on. Logic had little to do with the decisions of any of the juries I served on. And as a strong 2A supporter, the odds of you being judged by a jury of your piers is probably less that the chances of winning the lottery twice in a row.
The prosecution will paint a picture using facts that aid his position from the available pool of facts.
Your defense attorney will try to paint a different picture, using facts from the same available pool of facts, weighting them in your favor.
Be safe and make rational decisions. However, I believe you should factor in the aftermath of a justified shooting. Your future will be in the hands of twelve people, likely all of whom think that only the police should have guns.
For what it's worth, I carry two spare mags. I do have a Level III Security license. Though most of the folks here know how little that means, I'm hoping that the same ignorance prevalent about firearms by the public will put me (in their minds) as somebody qualified to be armed. I don't post stuff on Facebook about a criminal needing to get right with Jesus before breaking into my house.