Legal ramifications of using reloaded ammunition

[dickn52]

When I taught this stuff at the National Academy, we always prepared for the 'what if' guy. One in every class.

 

[Jammer Six]

I stopped carrying commercial loads after I replaced my carry loads (after just a year) and two out of fourteen failed to fire.

 

[GrocMax]

How are they going to know by looking it was a factory or reload? Do they actually confiscate, disassemble, and test? Do they test fire?

How would they know unless you used some esoteric rare bullet?

 

[Jammer Six]

1. The rounds left in your weapon
2. The rounds in your reload
3. Whether the bullet is FMJ, JSWC, JHP or lead
4. The weight of the bullet
5. Whether the bullet matches the brass
6. Whether the primer matches the brass
7. Whether the primer is sealed
8. The brand of primer
9. The brass
10. The GSR
11. Whether the ballistics, your story and registered profiles of commercial carry ammo line up

That's all I can think of right off the top of my head without doing research.

Do they test fire? Yes. I would hope that when someone (anyone) is shot to death that no stone would be left unturned in the ensuing investigation. (If you never fire your weapon at anyone else, it will never matter what you carry.)

You don't reload, do you? (No offense intended. Not everyone does.) Those are the things that would be obvious to me, simply because I reload, and those are the things that occurred to me as soon as I read your questions. I sincerely hope cops would have things in addition to these that they would know about that I don't.

Any reloader could look at the loads in your weapon and make a reasonable guess about whether or not you loaded them. (If I'm wrong, and you do reload, think about it: Winchester primers are gold, Federal silver. So what would a Federal primer be doing in Winchester brass? And so on.)

The thing to remember is that anyone on the internet answering legal questions doesn't know anymore about it than you or I do.

 

[Cold Bore]

I was sued three times, so I speak from some experience there, and shootings, well, that too.

Anybody can spout "how it should be". No one will disagree. But a wise person considers how it is likely to be, and mitigates liability. I am certain that any lawyer worth the hire that either prosecutes you or represents the dearly departed will certainly pursue ANY door you leave open , regardless of "how it should be". So a prudent person doesn't leave the door open. They think ahead and mitigate risks that are obvious.

That's what I've been trying to say.

This time it comes from somebody with courtroom experience..... X3.

 

[snert]

How are they going to know by looking it was a factory or reload? Do they actually confiscate, disassemble, and test? Do they test fire?

How would they know unless you used some esoteric rare bullet?

In a shooting, we do the ame type of investigation as any "murder", including background, search home, go thru computer, besides forensic ballistics. So if you shot him with Berrys, or some common reload, or your primer is not the factory spec, we get an idea. Do we care? Depends...and the litigation people will...

 

[Tuxedo007]

I get that, and am not arguing that point. But I'm not willing to give them extra ammo to use in their fight against me.



So in today's liberal legal environment, you are content to allow a judge to decide if an extra "condition" should be admitted, and then an uninformed jury to hear about the "devastating effects" of handloaded ammo "designed solely to inflict maximum carnage" and "unnecessary suffering", rather than just shut down that entire avenue of questioning?

Remember, your entire freedom to continue living your life in the manner that you are accustomed to and life-changing finances (saved, current, and future) are on the line.

You have a lot more faith in our "justice" system than I do.

If I'm going to gamble on something "just to prove a point", or "just because I 'think' I can", I'm not going to do it with that much at risk, especially with such totally adequate alternatives available. I'll save those stunts for much lower odds endeavors.

Others can opine/risk whatever they wish. However, I have to agree with your position entirely! I've had friends in the police, attorneys who have represented clients who did resort to reloads and one late friend who was a Superior Court Judge, all stated the following..

"A good run is better than a bad stand any day! The only thing that is usually hurt is your pride. However, if you ever have to shoot someone to save your life, Do NOT use reloaded ammunition made by yourself or anyone else! If you can't buy factory self defense ammunition, you need to change your lifestyle. Then you won't need a firearm. If however, you feel that at sometime you may need a firearm to protect you or a loved one, buy the highest quality ammunition you can obtain & then practice with it! Life is too precious & too short to risk it all by taking unnecessary chances/risks. Using reloads for self defense falls into that category!"

 

[rogn]

007, this topic flagged up at the bottom of something else, so Im dragging it back up. The results of legal actions are public information. Can you provide any of these cases so we can research the records and satisfy our need to know the outcome of these reload criminal and civil cases?

 

[JRS]

How are they going to know by looking it was a factory or reload? Do they actually confiscate, disassemble, and test? Do they test fire?

How would they know unless you used some esoteric rare bullet?

www.defensivecarry.com/forum/reference-how-forum/81488-cases-where-handloads-caused-problems-court.html

 

[AckleymanII]

I keep reading that people are using their reloaded ammo in their personal defense guns.

Somewhere I have read that you should never use reloaded ammunition for self defense. Reason was that the defense attorney would really work you over i court and you could be subject to civil actions for its use on the bad guy.

What is the correct ammo tu use in your carry gun for defense in a court case?

Depends on the state laws where you live. If your state has a Castle Doctrine, you need to know exactly what it involves. It will be hard for a reloader to improve on Federal HST, Winchester PDX-1, and Speer Gold dot ammo if they want to carry the best.

My cousin is an ER operating room nurse, former medic, and he has seen a lot of gunshot wounds. Winchester 155 Silver tip in a 40 cal is some really wicked ammo to shoot, and a lot of police depts. in the past has used it.

 

[savagedasher]

Depends on the state laws where you live. If your state has a Castle Doctrine, you need to know exactly what it involves. It will be hard for a reloader to improve on Federal HST, Winchester PDX-1, and Speer Gold dot ammo if they want to carry the best.

My cousin is an ER operating room nurse, former medic, and he has seen a lot of gunshot wounds. Winchester 155 Silver tip in a 40 cal is some really wicked ammo to shoot, and a lot of police depts. in the past has used it.

I think you have to live to go to court . Larry

 

[rardoin]

www.defensivecarry.com/forum/reference-how-forum/81488-cases-where-handloads-caused-problems-court.html

Thanks for the read Rich. Very much to the point of not using handloads.

 

[SaulGoodman]

Just a hypothetical here but if you got your brass squeaky clean and matched the primer and projectile to a factory load, would they even be able to tell it was a handload?


Can you tell which of these is the handload and which is the factory round?

 

[Milo 2.0]

Just a hypothetical here but if you got your brass squeaky clean and matched the primer and projectile to a factory load, would they even be able to tell it was a handload?


Can you tell which of these is the handload and which is the factory round?

Right one is factory.

 

[Jammer Six]

That would completely miss the main point of carrying reloads.

 

[joshb]

Ditto. Left.

 

[dickn52]

The only result from this thread is that now a lot of people are questioning themselves on self defense. Lawyers hard at work. You do what needs to be done and worry later. Be correct and be accurate. When there is only one survivor, then they write the history.

 

[ireload2]

Which is worse 9 pellets of 000 buckshot or 38 pellets of #4 buckshot?

 

['Freak]

Shakespeare, all those years ago, got it right, “The first thing we do, let’s …”

 

[ED3]

The only result from this thread is that now a lot of people are questioning themselves on self defense. Lawyers hard at work. You do what needs to be done and worry later. Be correct and be accurate. When there is only one survivor, then they write the history.

Yep; solve one problem at a time.
While I am not advocating or condemning the use of handloaded ammo for SD, if there is actual case law where it came down to the ammo used being relevant to a conviction, or civil judgement, I've missed it.