No sheephitters
Tam:
A lawyer friend on the intertubes likes to point out that, once you’re in the courtroom, it’s all about selling your side of the story to the judge and jury. You don’t want to make it harder for your attorney to sell that story.
Well, this police officer took heat from the press for his AR dust cover that said “you’re fucked”. And his trial is ongoing. I’m guessing he may regret that.
July 27th, 2017 at 8:29 pm
As Tam implies, this kind of good advice gets the most bizarre “rebuttals” on gun forums.
July 28th, 2017 at 8:19 am
So would a deeply sincere etching, such as “Self Defense Use Only!” be any help during a trial? Or should one just NOT express anything personal on a tool that might be evidence in a trial, at all?
July 28th, 2017 at 8:40 am
Juries probably don’t dig smartasses, either.
(I’m so boned.)
July 28th, 2017 at 10:56 am
I get the feeling that a lot of the people who put such on a CCW are doing it with the knowledge that the likelihood they’ll actually have to shoot is very low, therefore the chance of that causing a problem is low.
Which doesn’t change that if you become one of those 3-5% who have to shoot, it may be a real problem for you with the investigators, and/or in court.
July 28th, 2017 at 3:50 pm
Moi aussi, Tam
July 28th, 2017 at 7:21 pm
How would an etching on his gun be relevant evidence? Does it negate any and all reasons to pull the trigger of that gun? Do killers inherently have these dust covers? Did it make the gun more dangerous? Or is it like that Oriantal tattoo that you think says “Be With Peace” but it really says “First 15 minutes free.”
The point is, a good shoot is a good shoot. The rules of evidence are in place to protect your rights.
July 28th, 2017 at 8:19 pm
@Erik,
It might be perceived as premeditation, ill intent, or a possible pre-existing desire to shoot someone.
Should it matter is a different question, but in the real world it might–and, in this case, it did. At best, it’s an additional thing to try to explain away if it comes up. YMMV. Also, IANAL.
Personally, I prefer Fudd guns and revolvers, with no added adornments, partly for this reason.
July 28th, 2017 at 10:08 pm
Erik, you are the prime example. Did you completely miss the point, as is so typical in this discussions? Do you not understand that the weapon will be an exhibit? Do you not understand that the “rules of evidence” do not exclude its decoration and that it will be shown to the jury, if not also mentioned in a prosecutor’s closing argument?
July 29th, 2017 at 7:01 am
/me looks at comment #6
“No more witnesses, Your Honor. The Prosecution rests.”
July 29th, 2017 at 10:57 am
😂
July 30th, 2017 at 9:03 am
Just more proof we actually have neither First or Second Amendment rights.
July 30th, 2017 at 11:10 am
No, that’s not what it is at all.
July 30th, 2017 at 12:09 pm
Wow, folks need to understand that the prosecution lawyer is going to use ANYTHING they can to hang your ass… Anything other than plain Jane roll marks and standard grips IS going to be called into question, and will be used to paint you as an (insert phobia here) just out to kill anybody not like you. The more they trash you, the better chance they have of getting their client off, or his/her family a butt ton of money out of your ass.
July 30th, 2017 at 1:29 pm
Mas Ayoob made this argument several years ago re: Roll Your Own defense loads. “Oh, regular bullets weren’t deadly enough for you!”
(The same argument could be made for hollow points vs. ball ammo.)
July 30th, 2017 at 9:42 pm
This is probably the first case where any etching has been used.
This argument used to go on with hollow points. We know now that’s a dumb argument.
So Tam is wrong, etching want you want is fine.
July 31st, 2017 at 4:11 pm
“This argument used to go on with hollow points. We know now that’s a dumb argument.”
You’re not familiar with NJ, are you? I think NYFC may be similar with the anti-hollow point police hysteria and laws. (caught in public with HP loads in your gun/magazines? $1000/each round in fines, in Jersey)
The point is, that “dumb” is not pertinent. Laws, regulations, and history/customs are. Not to mention human nature, of course.
July 31st, 2017 at 6:22 pm
I’m familiar with NJ; that’s why every trip I made there I was at PA Exit 1 throwing my carry ammo in the creek and locking my gats up in the back of the truck. (Ca. seven years ago.)
August 1st, 2017 at 9:39 am
“The more corrupt the state, the more numerous the laws.” –Tacitus, Roman historian (55-120)
August 3rd, 2017 at 11:48 am
The point-missing going on, especially by rickn8or and “Patrick Henry the 2nd” (LOLZ) is epic.
This is not even about something the prosecution would bring up or mention in court. It wouldn’t be on a transcript. It wouldn’t be in the verdict.
But y’all go on and do you, boo.