Defense Legalities with Reloads?

CHL discussions that do not fit into more specific topics

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Jeremae
Senior Member
Posts: 595
Joined: Wed Aug 17, 2005 4:05 pm
Location: Highlands,Tejas

Post by Jeremae »

I believe most of the argument against using reloads for self defense stem from the teachings of Mosaad Ayoob. He bases his advice upon his experiences as an expert witness in trials which are mostly in rabid anti country.

Basically, if it is a good shoot it will not matter what ammo you used. (As long as it isn't poison tipped, explosive etc.) Yes an overly agressive anti DA can try and portray you as a bloodthirsty killer based upon your choice of weapon/ammo but IF you are justified in using deadly force, your lawyer can rebut those arguments effectively. Even if he has to bring in his own expert witness, it is easy to show that although you chose to use a Desert Eagle 50AE with Black Talon ammo, in fact a Bersa Thunder in 380 auto is just as deadly.
Reasonable gun control is hitting your target with the first shot.
srothstein
Senior Member
Posts: 5320
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Post by srothstein »

Geister wrote:
srothstein wrote:Yes, Geister, my answer was pure speculation.
But I specifically asked for no speculation. I keep reading the same spectulation on the gun boards; the reason I asked on this board is to see if it has any legal weight in the state of Texas at all.
But the question can only be answered speculatively. There is no strict answer on it under the laws since the laws do not mention the type of ammo used in the firearm.

If the answer you were looking for is that the law doesn't mention the type of ammo, I apologize. In that case, my answer is that there is currently no mention of the type of ammo used and your choice of ammo or firearm type may or may not be used against you in a civil or criminal case.
Has it ever been used against a person in a trial? I don't know but it is no longer anything to worry about for civil trials, based on the new laws.
But does the Castle Doctrine also extend to CHL holders outside of their homes, in public places?

I'm pretty much with HankB on this issue.
The civil immunity applies to everyone who uses force, anywhere. Not just CHL's and not just at home. The exact wording (or as exact as my typing and understanding will get it) of the law, as it will be on Sep 1. is:

Sec. 83.001 CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Steve Rothstein
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