<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by EnochGale:
Walt, you are a lawyer or specialist in this area? A forensic expert witness?
Data for your opinion please.[/quote]EnochGale, Have you ever read "In the Gravest Extreme" by Capt. Massad Ayoob, an
active police captain with the Grantham, NH police department. He has served as a legal firearms expert in hundreds (
if not thousands) of court cases -- both civil and criminal. While he does not talk about Black Talons in his book, he goes on to explain why it is better to use a .45ACP than a .38 special against an attacker. The arguement went something like this (
I'm doing this from memory as I don't have the book in front of me so others are free to make additions/corrections as needsed) ...
"So, you really wanted to seriously hurt/kill this guy because you used a powerful .45ACP instead of a .38 special which would have had less chance of causing serious damage."
"No. It was because I wanted to cause as little injury as possible that I used a .45ACP instead of a .38 Special."
"Huh?"
"It was already established that I was justified in using deadly force. That being the case, I was legally justified to continue firing at my attacker until he was no longer a threat. Based on the historical shooting data of the .38 special and the .45ACP which you yourself submitted as evidence to the court, the .45ACP has much greater stopping/knock-down power than the .38 Special, historically speaking of course. Using a .45ACP ensured that I could put a quick end to the attack by firing a minimum of rounds thus reducing the numbers of holes in the attacker and therefore reducing the chances that he would bleed to death from those larger number of bullet holes from the .38 special."
... It goes on & on but I think that you get the point. The point being, that if the bullets are not actually banned and you are authorized in using deadly force, then there should be no problem in what type of bullet you use. As a matter of fact, the more effective/destructive the bullet is, the more Massad can argue that that bullet was the proper one to use over the others -- as long as the bullet in question is legal.
FUD
Share what you know & learn what you don't
[This message has been edited by FUD (edited August 27, 2000).]