Reloads for self defense

[Deedle]

That's completely reasonable personal choice. For the record, I am an avid reloader, but I carry Federal HSTs. I do it for the technology and reliability, and because I like them -- not out of an unfounded fear of being prosecuted for, or convicted of, murder for using reloaded ammunition instead of factory ammunition when the use of deadly force in self-defense is warranted.

Also reasonable. If everything was equal I'd consider carrying whatever I'm shooting loaded with XTPs, that's what I packed hiking, Glock 20, 10mm with 200gr Hornady XTP, but as you say for social work there are plenty of good loads and I do factor in things you don't seem to care about. Each to their own.

I'd say the prosecution angle is a minor contributor but not at all decisive for me.

[MarikinaMan]

[John Browning]

But he *IS* a very experienced expert witness I think? Or am I thinking of someone else?

Who certifies someone as an expert witness? Could it be nobody?

He has written articles, and that got him hired as an expert. Then he tells everyone he is an expert, and when he gets questioned on credentials, he points back to the articles. It's a loop for suckers.

He's literally no more an expert on this subject than most serious gun owners.

[John Browning]

Yes your Honor, I do reload my own ammunition.

No your Honor, my local gun shop does not carry anything in this caliber so the only thing I can do is reload.

No your Honor, it is illegal to order factory ammunition and have it sent to my home so to reduce the financial burden that CA is placing on lawful firearms owners, I am relegated to reloading ammunition....

In all seriousness, I could give a rats @ss what is in my firearms if I ever need to defend myself. If it's a good shoot, the rounds won't make a difference. If it does, you need a better attorney.

That's actually a brilliant defense.

[Deedle]

Who certifies someone as an expert witness?

Track record I reckon. How many trials have you been paid to testify for the defense in?

[John Browning]

Track record I reckon. How many trials have you been paid to testify for the defense in?

You've fallen into the trap. If I get paid to testify, that doesn't make me an expert. However, some folks will be tricked into thinking that means something. Then I can trick more people. Then I'm at expert level 1000.

Ayoob consistently cannot produce evidence to justify his claims. Doesn't sound like an expert I'd follow. I'm sure he's a nice guy and is smart, but I don't value his opinion any higher than anybody else on the internet and I'd pay him accordingly.

Believe me, very stupid people in many fields with the right resume and names to drop make a nice living testifying as experts on things in which they truly have no real world expertise.

If you want an expert witness to take a position, you can pretty much find one to take any position as long as you can pay them.

[Deedle]

You've fallen into the trap.

So I'm going to jump to a conclusion and say zero times, which coincidentally is the same as me. Thanks for your time.

[Bigedski]

Read what Massad Ayoob has to say on this subject.

[Mayor McRifle]

If you want an expert witness to take a position, you can pretty much find one to take any position as long as you can pay them.

This is absolutely true.

[fiddletown]

Who certifies someone as an expert witness? Could it be nobody?...

The party offering someone as an expert witness must qualify that person as an expert to the satisfaction of the trial judge. A proposed witness' qualification as an expert witness may be challenged by the other side.

If the qualifications of a proposed expert witness are challenged, he may be examined under oath, outside the presence of the jury, as to his qualifications by the judge and the parties.

See, for example, California Evidence Code Sections 720 and 721:

That's actually a brilliant defense.

How would you know?

...Ayoob consistently cannot produce evidence to justify his claims...

See the posts in the Pistol Forum linked to in post 31.

...If you want an expert witness to take a position, you can pretty much find one to take any position as long as you can pay them.

And such "experts" can be eviscerated on cross examination.

[alpha_romeo_XV]

It is possible to use an honest expert witness against their client's position by asking them the right questions.
I did this with three expert witnesses called against me in a trial. It was pure joy when they had to answer honestly "as an expert".
Like the saying don't bring a knife to a gun fight .... don't bring a witness to a trial that can and must support both sides of the argument due to their professionalism.

[John Browning]

So I'm going to jump to a conclusion and say zero times, which coincidentally is the same as me. Thanks for your time.

I have been asked to appear as an expert witness for a fee. I declined.

See what happens when you jump to conclusions?

[Deedle]

I have been asked to appear as an expert witness for a fee.

For the defendant in a justifiable homicide case? Don't ignore the context.

[John Browning]

The party offering someone as an expert witness must qualify that person as an expert to the satisfaction of the trial judge. A proposed witness' qualification as an expert witness may be challenged by the other side.

And such "experts" can be eviscerated on cross examination.

It isn't hard to be made an expert witness. "Expert" really means you're mildly competent in theory on paper in a way good enough to trick 12 people into believing you know what you're talking about. I was deemed an "expert" witness by a judge who never met me, didn't know me, never spoke to me and didn't seem to care. If you have the right degree and/or experience, apparently that's good enough. People who look at gun law for instance day in and day for years out often can't agree on what the minutae really means...like using reloads. I promise you that you could find an "expert" to testify on whatever you want said about reloads, cooking oil, aluminum smelting, etc.

When it comes to firearms, if you know what end the bullet comes out of you've got more expertise than most people in the court. Attorney's will struggle to "eviscerate" an expert because they often don't understand fairly minute and mundane details and don't have the time or energy to do so when they can just call their own expert to say the opposite thing. Rule one in court is that you don't ask questions that you aren't 100% percent sure of the answer. It's too risky to get technical with an expert, instead they'll go for surface level stuff like you had a DUI, you ate paste in 4th grade, etc.

You've obviously seen a lot of TV daytime court cases, so I'll go ahead and deem you an expert in this thread. I went to law school so I'll take a check to testify against your expert testimony, we both win, the jurors are confused, and profit is achieved.

[John Browning]

For the defendant in a justifiable homicide case? Don't ignore the context.

The context doesn't matter. It just goes to show how low the bar is in being qualified as an expert. It isn't high. If you want to really impress someone, being declared an expert witness isn't the route.

If you want to listen to someone about the law, ask them to cite case law relevant to the issue. Study it and know that surprises can still happen. If they can't cite case law but say they've testified in court as an expert then my advice would be to find better input.

My advice here is free and worth every penny. If you like it great, if you don't, I don't care.

Just to add: there is no case law I am aware of around reloads. There is a case where someone used a 10mm and it seems that was used in a way that helped them get convicted. That's not to say that using reloads won't get you in trouble and that using a 10mm is a bad idea. It's a totality of the circumstances, dependent on the jury, and if you wind up using deadly force just remember that you were in reasonable fear for your life, you need medical attention, and that you'll answer questions when you have access to an attorney after your medical evaluation.