What's worse, legally

[rlewpolar]

A friend and I were having this discussion the other day about carrying and self-defense.

Assume you have a CCW permit.

You are involved in a self-defense situation in which it is clearly a good shoot.

Which is more problematic for you legally under the current laws?

Scenario 1: You are carrying a pistol that is not on your permit and used that in self-defense. It had a 10 round mag.

Scenario 2: You used a pistol that was listed on your CCW but it had a 15 round mag (which was not preban).

I have my own opinion on which might look worse in a court of law but wanted to see what some aspiring DAs here thought.

This is strictly hypothetical. Thanks for playing.


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[nate76239]

[GW]

Gun that's not on your permit would be the bigger issue. IMHO.

[rlewpolar]

This actually happened to me a couple of years ago. Had 2 stock 9mm Shields, one was on my permit and one was not. Was fooling around with different holsters and carry methods and they got switched. Carried the wrong Shield for quite a while before I caught the error.


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[nate76239]

I would ask your insurance if they would cover you for a mistake like that

[Cokebottle]

Good shoot is a good shoot.
Nothing will change whether or not you are charged for the shooting itself.

Carrying a gun not on your permit MAY result in a separate criminal charge.
Carrying a gun not on your permit WILL result in your permit being revoked.

The magazine will likely be a non-issue.

[FalconLair]

personally i wouldn't care about it either way

if i ended up catching a case for defending my life then that's the way it is

of course, where i live neither of those scenarios would ever be an issue

[Jimmy's]

Where do people come io with rhis sheet?

[Quiet]

Good shoot is a good shoot.
Nothing will change whether or not you are charged for the shooting itself.

Carrying a gun not on your permit MAY result in a separate criminal charge.
Carrying a gun not on your permit WILL result in your permit being revoked.

The magazine will likely be a non-issue.

What he said.

Also...
Carrying a handgun not listed on your carry permit, makes your permit invalid while carrying that handgun.
^If the handgun is not registered to you, then it's two felony charges.
^If the handgun is registered to you, then it's two misdemeanor charges.
~Misdemeanor charges will also cause a 1-10 year (judge's decision) probation status, during which you can not legally own or possess any firearms/ammunition.

There have been previous cases regarding a person involved in good self-defense shoot resulting in no criminal charges for homicide, but the person still being convicted for illegally carrying.

Unless they can prove you illegal obtained the large capacity magazine, it will most likely not be an issue (no criminal charges).
However, they will most likely confiscate and destroy it as a nusiance item, unless you can prove it was legally obtained.

[God Bless America]

personally i wouldn't care about it either way

if i ended up catching a case for defending my life then that's the way it is

of course, where i live neither of those scenarios would ever be an issue

Then why are you here?

[rlewpolar]

What he said.

Also...
Carrying a handgun not listed on your carry permit, makes your permit invalid while carrying that handgun.
^If the handgun is not registered to you, then it's two felony charges.
^If the handgun is registered to you, then it's two misdemeanor charges.
~Misdemeanor charges will also cause a 1-10 year (judge's decision) probation status, during which you can not legally own or possess any firearms/ammunition.

There have been previous cases regarding a person involved in good self-defense shoot resulting in no criminal charges for homicide, but the person still being convicted for illegally carrying.

Unless they can prove you illegal obtained the large capacity magazine, it will most likely not be an issue (no criminal charges).
However, they will most likely confiscate and destroy it as a nusiance item, unless you can prove it was legally obtained.

Good info as usual, thanks


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[The War Wagon]

Scenario 2: You used a pistol that was listed on your CCW but it had a 15 round mag (which was not preban).

You kindly brought ENOUGH rounds to stop the threat, save the children & baby seals, in an environmentally friendly & ecologically aware manner, to help your black & Hispanic transgender LBGT friends, in a non-sectarian manner.

Let 'em try and dismantle THAT.

[comifornia:(]

#1 would be a problem.

[Jimi Jah]

Won't matter when a California affirmative-action civil jury finds you guilty of wrongful death.

[BHD108]

#1 is a Misdemeanor.
#2 is an infraction.

However, the answer is not that black and white, your defense depends on how and why the prosecutor wants to go after you. The specific details of the case matter.

For example, it is easier for your attorney to get a jury to believe that you simply make a mistake and brought the wrong weapon with you that day. It is harder to come up with a good excuse for having a high capacity magazine, and that fact makes you look like you have a disregard for the law.