Quote:
Originally Posted by bsms
If a child accidentally shot himself with an altered gun, I'd believe it. If you shoot someone in self defense, the presence or absence of the flag isn't going to make a difference, unless your lawyer is REALLY bad. Just IMHO.
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Not true at all. Massad Ayoob recently wrote about a case he was involved in, which I believe is the one that ColColt was referring to. The case involved a clear cut defensive shooting during a car jacking in a parking lot. Since the vehicle was part of the crime schene, the officers seacrched the vehicle, finding a Browning Hi-Power which was not involved in the shooting in any way. In fact, it was in a case inside the vehicle.
For whatever reason, the BHP was also tested by the crime lab and found that the magazine disconnect was disabled. The gun owner's "recklessness" was brought up in court, since he was careless enough to disable a safety device, on a firearm he was not even carrying or using!
Yes, it can happen. I'll have to look back, but I believe this case happened in Texas.