Know Your Weapons

There is a maxim every attorney has heard in law…

There is a maxim every attorney has heard in law school: “If the law is on your side, pound on the law. If the facts are on your side, pound on the facts. And if neither the law nor the facts are on your side, pound on the table!”

It’s not a figure of speech. This country has more attorneys than it has police officers. If you look at billboards, TV ads, and the classifieds, you can see that a lot of them are hustling for work. If a good plaintiff’s case is not available to them, there are some who aren’t above creating one out of whole cloth. Something like “dangerous gun,” “hair trigger likely to cause a negligent discharge such as the one we allege,” or “Rambo Gun, indicative of malice on the part of the defendant.”

It’s just common sense to avoid known potential trouble. We don’t leave our automobiles unlocked with keys in the ignition when we park them: it’s an invitation to car thieves. We don’t leave our front doors open when we go to bed at night: it’s an invitation to burglars. Similarly, it’s unwise to carry, or use for home defense, a firearm that fits one of the profiles mentioned in the previous paragraph: it’s an invitation to unscrupulous lawyers to fashion an unmeritorious case out of a clean, justifiable shooting in defense of self or others.

Most of us have a few guns that we’ve settled on as best suited for our needs. Some of us find ourselves carrying different guns on different days. My job description is such that I fall into the latter category. Please allow me to share some experience and suggestions.

Load Comments
  • Alec Moffat

    My advice, NEVER use “homemade” reloads. An atty can have a ball with that. I’d go with ammo from a widely recognized manfacturer that was a standard pressured JHP. One can argue against HP but citing the ineffectiveness of FMJ “ball” ammo should put you on good footing.

  • Alec Moffat

    Some years ago I read an article, that I am about 95% sure was written by Ayoob. The same question was being addressed. ‘Which Ammo Should I Use’?
    The response was that you find out what your local PD uses, and load your weapon with the same ammo. The support given was that the ammo you used couldn’t be this ‘terrible, nasty, destructive, cop killing ammo’ if the police use it. Seems like there is some room for arguement here.

  • Victor Lopez

    I found this article very informative on the dangers of not realizing how certain guns can make a target for lawsuits. After doing some careful research and reading this article I finally bought my first CCW pistol (springfield armory XD 9mm sc). I am legal to carry in my state. I did however have some questions about ammo choices as they relate to lawsuits. I know it is not illegal to have LE carry ammo like Federal HST or Winchester Ranger T ammo. Both manufacturers want it to be sold to Law enforcement only. I was wondering how would this affect any potential for lawsuits. Any help would be appreciated, I know you are a busy man.