TexasCHLforum.com

Prople keep telling me using an Ak or Ar for defense is a bad idea. They argue you'll be prosecuted because you used such a rifle. Im looking for LEOs opinions or someone familiar with this. I find it hard to believe that this would happen in Texas if it was a clean shoot.

Don't listen to "people" there is no law against using a rifle of any thing else that is not a prohibited weapon as a defensive tool. I keep a 12 gauge loaded with 00 buck in my home, as well as my pistol, my next purchase will be an AR which I plan to get some tactical training for so I will have that as an option. Use what you practice with and fell confident in using. No one will ever tell you you should have used less firepower to stop a bad guy.

That's news to me, considering I keep an AR-15 next to my bed just for this very reason. The only way I could see a person being prosecuted would be if while defending yourself, you accidentally shot someone walking on the sidewalk or the neighbor across the street. Also, this would apply to any firearm used, not just a AR/AK style rifle.

IANAL, but the law while carrying in public and accidentally shooting someone is pretty clear on this, even when defending yourself. I would expect the same to apply in this situation.

comp73

*edited for clarity

This is simply not true. A reason one can get into legal problems in a justified shooting is if a bullet over penetrates and hits someone else. Most pistol rounds can penetrate more than 223 soft points or vmax rounds.

Use whatever you are comfortable with and whatever makes the most sense for YOUR purposes.

Just remember, you are responsible for each and every round fired.

I live in the 'country' and rounds exiting my home wouldn't hit anything but the ground (possibly a cow or a horse). We keep shotguns and pistols various places in the house to deal with any threat that might gain entry. But, since I could conceivably need to address a threat at a longer distance (from my yard or surrounding area) I also have a rifle at the ready in a closet.

IF I lived in an apartment or in town with neighbors nearby...I would certainly give strong consideration to the weapon I might use for self defense and the projectile type employed. With proper ammo the AR (.223/5.56) might be just fine. I don't see an AK as being a good choice.

Another thing to think about when considering a long gun for defense is whether or not it can be accessed quickly, stored (at the ready) safely and whether or not it might prove unwieldy if you needed to move from one spot to another.

For instance...I'll grab my shotgun EVERY time once I've taken up position in our bedroom or if defending the top of the stairwell. But if I were trying to get children or other persons to a safe room (perhaps using one hand to do that), then I'd rather have my pistol and THAT pistol will NOT be some diminutive caliber.

Bottom line, just think it through. Consider what YOUR needs and risks are, no one here can make that decision for you.

But you will not be prosecuted for having selected a particular type of (legal) weapon, provided no one other than the threat was injured was or killed. A 'Civil Suit' can not necessarily be ruled out....regardless the weapon chosen, but that is a risk we take.

flintknapper wrote: For instance...I'll grab my shotgun EVERY time once I've taken up position in our bedroom or if defending the top of the stairwell. But if I were trying to get children or other persons to a safe room (perhaps using one hand to do that), then I'd rather have my pistol and THAT pistol will NOT be some diminutive caliber.

You mean like a 9mm?

You have probably heard "Don't use anything that you would not want held up in open court." Some want that to mean to use some lever action or what not.

What I would not want to have is a 12 pound AR that looks like it was dragged through a tapco catalog with two lights, three vertical grips, a bipod, two lasers, and an engraved dust cover that says... anything.

My HD AR is a 16" mid length with a MI quad rail, Streamlight TLR-1, Aimpoint ML3.

Javier730 wrote:

flintknapper wrote: For instance...I'll grab my shotgun EVERY time once I've taken up position in our bedroom or if defending the top of the stairwell. But if I were trying to get children or other persons to a safe room (perhaps using one hand to do that), then I'd rather have my pistol and THAT pistol will NOT be some diminutive caliber.

You mean like a 9mm?

No, I like the 9mm just fine, though I carry a .45 acp.

I'm talking 25acp and the ilk.

And NO...I am not going to volunteer to stand in front of one (before anyone asks). There's always the chance you might hit me in the eye and that would certainly hurt (and make me mad).

I've got a AR-9 that is tagged for home defense.

Soap wrote:Prople keep telling me using an Ak or Ar for defense is a bad idea. They argue you'll be prosecuted because you used such a rifle. Im looking for LEOs opinions or someone familiar with this. I find it hard to believe that this would happen in Texas if it was a clean shoot.

You are hanging out with some very dumb people.

AJSully421 wrote:What I would not want to have is a 12 pound AR that looks like it was dragged through a tapco catalog with two lights, three vertical grips, a bipod, two lasers, and an engraved dust cover that says... anything.

I think a lot of people are guilty of putting stupid things on their dust covers & back plates (on Glocks)

If I'm ever involved in a self defense shooting - either at home or otherwise - I don't want to the jury to see a gun with a Punisher logo or "Smile, wait for flash" engraved on it.

I'm not of the opinion that most firearm modifications are bad (if installed properly) - except this case. Anything the prosecutor can do to show that you were predetermined to kill someone - they will.

All that being said, an AK wouldn't be my first choice for home defense. Partially because of the ballistics of 7.62x39 in an urban area, and partially, yes, because the jury may not perceive it as well as an AR-15 or Mossy 590 due to its obvious communist history and involvement in terrorism.

That isn't to say that I wouldn't own one (I want one) or use one in self defense if that was the more readily-available firearm to save my life with - I absolutely would. I don't think it would completely sway a jury into a "guilty" verdict, but I understand the appeal to emotion that the jury could feel by just seeing it as evidence.

AndyC wrote:

Soap wrote:Prople keep telling me using an Ak or Ar for defense is a bad idea. They argue you'll be prosecuted because you used such a rifle.

Ask them to provide you with some examples

What Andy said. I would counsel against an AK in 7.62x39, simply because that is a lot of round for indoor use, but that is simply a tactical consideration, not a legal one. The AK74 would be the better choice if AK is your preferred flavor.

NOISE...... lets talk about that for a minute. I have a beautiful AR15 which I recently built, and is far and away the most expensive gun I own. I'm an old man, and I allowed myself a treat. I built it light exactly so that it would not be unwieldy for inside the home social work. I also bought a suppressor for it, thinking that this would be a distinct advantage inside the confines of a room, where even a 9mm pistol is LOUD. After taking it to the range, and shooting it with both subsonic and supersonic ammo, I made some interesting discoveries, to whit:

1. Shooting subsonic ammo, the trigger reset was louder than the gun, but it wouldn't cycle the bolt.....effectively turning my AR15 into a pull-type bolt action. Fine maybe for use as a "hush puppy", but not much good in a firefight.
2. Shooting supersonic ammo, the rifle is dead nuts reliable, AND it is a LOT quieter, certainly quieter than an unsuppressed handgun, but it is STILL louder than you would want to shoot indoors. Great in a firefight, but not much good as a "hush puppy".
3. The suppressor adds about 7.5" to the overall length of the carbine, and adds a little over a pound of weight out on the very end of the barrel, both of which factors reduce its "handiness" inside the confines of a home. My 7.1 lb 16" barreled carbine essentially becomes a 8.25 lb 23.5" barreled rifle.

It is too loud to shoot inside the house, even suppressed, and it is too long when suppressed. My other inside the house long gun is a 20" barreled Mossberg 590 A1..... a great tactical shotgun, but if an AR is loud inside the house, then sound of 12 gauge booyeah would be brutal.

So, I registered my Spikes lower on a form 1 for an SBR - 10.5" barrel in .300 Blackout. When the form is approved (in about 3-4 months from now), I will assemble a new upper using the 10.5" .300 Blk barrel. When assembled as an SBR, the overall length including the suppressor I already have for it will be virtually identical to the unsuppressed 5.56 rifle with the 16" barrel and flashhider mounted, and it will be very similar in weight to the unsuppressed carbine.

I will then be able to shoot 220 grain subsonic ammo inside my home, suppressed, without having to worry about deafening either myself, my wife, or my dog. The terminal ballistics will be very similar to a +P .45 ACP, with slightly better penetration due to bullet shape and construction, and greater accuracy. I think that is an ideal setup........and it's not bad on hogs either.

All guns are too loud to shoot inside your house.

WildBill wrote:All guns are too loud to shoot inside your house.

Like I said, the subsonic 5.56 is quieter than the trigger reset on my gun. It is REALLY quiet. I used to have a pellet pistol that was louder than that.