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View Full Version : Liability if involved in a shoot w/ your home built rifle?


CavTrooper
05-10-2009, 6:26 PM
I assume most folks have heard that its best to use a factory firearm and factory ammunition for your personal defense weapon for liability reason. Whether this is a legit concern or not, my question is this:

If an LEO purchases a stripped lower with a AW letter from their cheif and builds it into a functional rifle they use on duty, what kind of scrutiny/liability might they face if htey are involved in a shooting with that weapon?

badicedog
05-10-2009, 6:50 PM
I think it would be wise to purchase a factory AW(bushy, armalite, colt, etc.) for liability reasons. With dept letter it should not be a problem and you have so many options avail to you.

bwiese
05-10-2009, 7:19 PM
I believe that the operative question will always be (for any party, LEO or otherwise), "Was it a good shoot?"

If not, the nature of the gun is irrelevant.
If it is, the nature of the gun is irrelevant.

Also for rifles there'd be little indication, if any, that it was a 'homebrew' rifle vs an existing complete one that got a new upper on it, etc.

I simply don't see any civil attorney tracking down 4473s on lower vs rifle situation, esp if the cop has an AW letter.

What will be interesting is the eventual shoot using a non-lettered rifle configured as an AW, that is a non-dept rifle. It will happen.

sorensen440
05-10-2009, 7:22 PM
The only extra liability I can see from using a home built rifle would be if there was a ND/AD

DDT
05-10-2009, 7:40 PM
the criminal liability is the same regardless. The civil liability is where people have speculated that some hay could be made by what round is used in the shooting. While there may be a difference in power or lethality between re-loaded cartridges and commercial ones it is hard to imagine an attorney trying the same with a rifle purchased complete or as separate upper and lower.

However; I would anticipate that any attorney gonig after you civilly for a shoot will make the fact that an Evil black Rifle was guilty of the shooting rather than a handgun or wood stocked shotgun.

tyrist
05-10-2009, 7:46 PM
I assume most folks have heard that its best to use a factory firearm and factory ammunition for your personal defense weapon for liability reason. Whether this is a legit concern or not, my question is this:

If an LEO purchases a stripped lower with a AW letter from their cheif and builds it into a functional rifle they use on duty, what kind of scrutiny/liability might they face if htey are involved in a shooting with that weapon?

I seriously doubt any LEA would allow their Officers to purchase a stripped lower and build a rifle for duty use. All of the agencies I am aware of require you to purchase an approved factory built rifle.

The only liability would be if the rifle itself was built by you and it had some type of malfunction which lead to injury/death of an innocent.

proudamerican831
05-10-2009, 8:20 PM
deleted

tyrist
05-10-2009, 9:03 PM
Why not use the one the department buys you?

It was carried in Vietnam and it shows.

DDT
05-10-2009, 9:19 PM
It was carried in Vietnam and it shows.

Joe! 5 dollar, shoot you loooong time....

bodger
05-10-2009, 9:59 PM
It was carried in Vietnam and it shows.

ARVN RIFLES FOR SALE...NEVER FIRED AND ONLY DROPPED ONCE!

bluestaterebel
05-10-2009, 10:18 PM
ARVN RIFLES FOR SALE...NEVER FIRED AND ONLY DROPPED ONCE!

ha!

B Strong
05-11-2009, 4:59 AM
I assume most folks have heard that its best to use a factory firearm and factory ammunition for your personal defense weapon for liability reason. Whether this is a legit concern or not, my question is this:

If an LEO purchases a stripped lower with a AW letter from their cheif and builds it into a functional rifle they use on duty, what kind of scrutiny/liability might they face if htey are involved in a shooting with that weapon?

As an authorized user, with authorization from the department, I'd bet that the assembly of the rifle would be a non-issue.

SimpleCountryActuary
05-11-2009, 6:52 PM
Joe! 5 dollar, shoot you loooong time....

Not with what ammo costs nowadays ... :(