WC145 said:
Gawd, I'm sick of hearing "don't do this" or "don't do that" because of liability, lawyers, courts, whatever. Somebody find me a court case where a DA prosecuted or attempted to prosecute someone over their disconnected HP mag disconnect. I won't hold my breath, because it doesn't exist.
I used to feel as you do, until I talked with some attorneys with knowledge of these matters... (Some of them participate on this forum and The High Road. Mas Ayoob has participated in this type of discussion, too, and he has been involved in a number of civil cases as an expert witness. He has also participated in these discussions.)
I don't think modifying a weapon will necessarily get you in trouble with a DA, but such modifications COULD (not "will") lead to later problems in a civil suit. In the case of a magazine safety, there is the unanswered question as to whether it is really a SAFETY feature, or not -- as it is arguably intended to keep you from accidentaly/negligently shooting the weapon; but if you used the weapon with intent, the safety wasn't a factor.
In my earlier response in this discussion I didn't mention a DA prosecuting someone over their use of a modified weapon. In fact, I said in most jurisdictions, a "good shoot" won't lead to criminal charges. Criminal charges are only PART of the problem.
I did mention CIVIL SUITS which don't involve criminal law.
If you don't know the difference between civil cases and criminal cases, you might want to do a little reading or ask some questions. If you do know the difference, you need to do some more study or talk with an attorney, and understand how they can make your life miserable.
In criminal cases, the government (prosecutor/DA) must prove every single element of the charges beyond a reasonable doubt. The jury (or the judge, it there is no jury) must find that no reasonable person could conclude any other way. This is a very high threshold, and it is difficult to meet.
In civil cases, the standard is less stringent. The person filing the suit in a civil lawsuit (the plaintiff) only has the burden to prove his claim is supported “by a preponderance of the evidence,” which means. in effect, "more likely than not." Even if reasonable minds might differ, a plaintiff can still succeed.
In my state (NC), those who use lethal force in a legal manner are protected from related civil suits from their use of the weapon; if your state has a similar law (or laws) you may have no reason for concern. In some states, even that sort of protection won't keep someone from filing a suit, and forcing you to hire an attorney.
Remember OJ? -- the legal action that really brought him down wasn't the criminal prosecution, but the civil suit. (The following is from a Pennsylvania Gun Owner's Blog, talking about civil suits:
http://pennlago.com/justified-iv-civil-implications-justified-use-deadly-force/
Simpson was charged with the murder of Nicole Brown and Ronald Goldman. In that case, People of the State of California vs. Orenthal James Simpson, Simpson was ultimately acquitted. In the criminal case, in returning a verdict of not guilty the jury essentially found that the prosecutor had not proven Simpson’s guilt beyond a reasonable doubt.
However, following the acquittal, Brown and Goldman’s family members brought a civil suit against Simpson for the deaths. This time, abiding by the lesser “preponderance of the evidence” standard, the jury found Simpson liable, awarding the plaintiffs a total of $33.5 million between compensatory and punitive damages.
That civil suit ruined OJ, deprived him of his property and most of his income. It also arguably led to his later actions, and he's now in prison.
A DA wasn't involved in the case that brought him down. To quote the Pennsylvania site, "the civil jury’s finding of liability only represents a determination that it is more likely than not, even if only 50.01% likely, that Simpson was in fact the killer." If the jury feels -- thanks to "proper" coaching by the plaintiff's attorney -- that modifying a weapon is a sign of a person just looking for trouble, a bad guy, etc., -- they may have a different viewpoint that most people. A lot of people don't like guns OR gun owners.
Do a Wikipedia search for Bernhard Goetz. This is from Wikipedia:
Bernhard Hugo Goetz (born November 7, 1947) is a New York City man known for shooting four young men when they tried to mug him[2][3][4][5] on a New York City Subway train in Manhattan on December 22, 1984. He fired five shots, seriously wounding all four men. Nine days later he surrendered to police and was eventually charged with attempted murder, assault, reckless endangerment, and several firearms offenses. A jury found him not guilty of all charges except for one count of carrying an unlicensed firearm, for which he served eight months of a one-year sentence. In 1996, one of the shot men, who had been left paraplegic and brain damaged as a result of his injuries, obtained a civil judgment of $43 million against Goetz.
Goetz had an unlicensedl weapon (no NYC permit to carry that weapon) and even though he shot and badly wounded his four assailants, the shootings didn't cause him big problems in criminal court. The jury found him guilty of using an "illegal" weapon.
But, when o the family of the most badly wounded assailant sued him in Civil court, for the medical bills and treatment needed for their son, they won a settlement for $43 million. While I'm sure the family didn't get even a fraction of that amount, Goetz's probably lost almost everything he owned, had saved, lost his job, ruined his family life, etc., etc.
Civil suits don't require that juries be sensible. To quote the blog above again (you can read it directly if you click on the link above):
Does that mean if somebody is justified in using deadly force, he can’t be sued? Unfortunately, that isn’t what it means. A plaintiff can initiate a lawsuit for anything, regardless of whether the lawsuit states a legitimate cause of action (there’s actually a nutjob out there who sues magicians regularly alleging that these magicians have stolen his “godly powers”). At the initiation of a lawsuit, the complaint is officially filed with the clerk. The clerk doesn’t have the ability to review the merits of the case. Consequently, as long as the plaintiff has the necessary papers and the filing fee, the lawsuit will be filed.[/QUOTE]
A stupid lawsuit may be quickly or eventually thrown out of court, but it's still going to take time and money to get from here to there.
Civil suits don't always get the same press coverage as criminal cases, but you'd be surprised how many city governments pay out big money for seemingly ludicrous claims as a result of civil suits.