Gun choices based on legal issues?

M

Mastrogiacomo

New member
If you've followed my post on the SP101, I'm planning, still deciding, whether to get another DAO gun. I'm a female shooter so this is something I've been giving a lot of thought to. I had one, hated it, and sold it -- but now looking for another because I wonder if I'd be better off trying to learn. Some gun experts use the DAO stance because legally if puts you in a more favorable light -- "If you had time to cock the gun, you had time to run" gets defeated with a DAO gun. How many of you buy guns with legal issues in mind or make modifications for those reasons?
 
Legal spin was not a factor for me. My thinking is if one is in a shooting and survives, there will be legal complications no matter what; we all fantasize a righteous exoneration, of course. I picked what I consider to be a reliable pistol, to enhance my chance of surviving.

Factors for me were:
(1) I liked the Glock "safe action system"
(2) wanted .45 auto.

I learned after I bought the Glock 21 that Mr. Ayoob stated that the ATF considers the Glock to be DAO, in a legal sense. He also gave his opinion that a DAO user is less likely, under great stress, to fire an inadvertent second round that if he were using a SA/DA pistol. This was in the Feb "Combat Handgun", he cited several cases of inadvertent firings too.
 
I think these are more theories to fill magazine articles then tested precedent.


Anyway, which gun where you thinking of carrying that HAS TO BE cocked to fire? No one is going to know if you cocked your revolver or fired it double action.
 
Obviously, if I had a gun and planned to use it for self defense, I wouldn't be stupid enough to cock the hammer. That's along the line of "If you're going to point that at me you'd better be prepared to use it." I don't think one plays with guns: you take it out or you keep it in the holster -- one or the other. I'm just wondering if there's any truth to which model or action is better in legal situations or if it's just hype.
 
It's just hype, nothing more. Some guns will get you more attention after the fact. I'd be more worried about protecting myself than what others think about the gun I used!

In the end, a gun is a gun no matter what it looks like.
 
A talented, albeit possibly unscrupulous, prosecutor could probably spin either a DAO or SA arrangement. DAO allows for a quicker shot. SA is more likely to result in an 'accidental' or unintended discharge during a high-stress, adrenalin-charged confrontation. Thus, I wouldn't take that into much consideration in choosing a carry-gun. If you hated the SP101, get something else.
 
PS: Go to a "Cowboy" match sometime if you want to see some very fast shooting with SA handguns. Some of the better shooters can make a 19th Century style "Peacemaker" sound like it's a machine-gun. I can't fire a high-zoot 1911 race-gun as fast as some of those dudes can their "obsolete" hog-legs.
 
Mastrogiacomo, get the SP if you were unhappy with the 442. Have the DA trigger pull lightened by a good pistolsmith, it's a pretty easy process and just changing out some springs can make a big difference. Practice both SA and DA shooting, with emphasis on DA, and once you reach a point of proficiency with which you are satisfied, bob the hammer. You could still use the gun SA if you wished and were careful, but would be confined to DAO for 'social' purposes.
 
The PRACTICAL advantage of a bobbed revolver

is that it does not snag on clothing when being drawn from concealment. Compared to the highly speculative "risk" of being charged because "If you had time to cock, you had time to run" - which is utter drivel - I would go with the gun I was comfortable with and could shoot well.

If the bobbed hammer/DAO is what you like, get it. If you prefer a conventional hammer, get it and don't worry about the alleged legal ramifications. If you are involved in a shooting, the hammer on your revolver will NOT be a consideration! ;)
 
The Model 60, nowadays, is a stainless steel version of the Chiefs Special, generally in 357 Mag. The 60LS is the "Lady Smith" version, but basically the same gun with a slightly different more matte finish and possibly chambered for the 38 Special +P, although I could be wrong on this, it might be 357 as well. The Lady Smith will cost a bit more, come in a nicer box, etc. but I see no real advantage to it as you can shoot 38s in either.
 
My friend has two in his shop. One Smith is stainless with rubber grips the airweight version. The Lady Smith model is blued with rosewood grips. Both are +P rated. These are the only two Smith snubbies that I got a good look at.
 
Lady Smith sounds nice but it's essentially the same thing I suspect as the standard 60 -- which I'd like to get at some point in the snubbie and 3." For now, I'm giving serious thought to just holding off for a while, get my father the shotgun he wants for the range, and send along my Detective Special for a finish and trigger job at the Colt factory. I know I could use this snubbie but I wouldn't want to lose it if I used it in a shooting. I know they'd give it back but like my Berettas, it's my baby. :)
 
Only legal thing I'm considering is buying my pistols now, so as not to bother with Missouri's permit to aquire.
 
I'd get either the standard 60 in 357, you could carry it with full-house magnum loads, lighter mags, 38+Ps, or standard 38s, and it would work just fine with all of the above. Same deal for the SP101. I find I like the feel of the grip on the SP better, but prefer the fit, finish and overall 'look' of the Smiths. Suffice it to say that either gun would serve just fine. You might at some point want to bob the hammer though, just remove the thumb cocking piece.....you could still cock it with a combination of trigger and thumb on the hammer, provided that you exercised reasonable caution when doing so, but it would not be nearly as likely to snag on clothing or parts of a purse or bag during an adrenalin-charged draw. That's the big advantage to the DAOs like the 442 which you didn't like. And I'd not be too worried about what might happen to your gun should you have to use it in a social setting. If you do, God help you, your life will be forever changed, and most likely not for the better. You'll be investigated, probably sued, will live in lawyer's offices, will spend vast sums of money protecting your freedom and your assets from seizure; simply put, you will have much larger fish to fry than worrying about the wherabouts of a $400 gun. That'll be the very least of your worries. About the only good news in the whole situation will be that you're still alive and taking in oxygen.
 
I read about a woman who lived in the Boston area that had her house broken into. It happened again and she shot the young man in the neck after he failed to heed her warning to stop. He lived and the family sued HER. Incrediable....

In my state, there's so many retrictions placed on the victims of crimes but free reign given to criminals. Wish we were more like Texas here.
 
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