I don't know that anyone said that the .40 S&W was a poorly performing cartridge. Last I knew, CHP issued Remington Golden Saber ammunition which, in the 180gr version rates as an 86% OSS per M&S. Now, that data is based on 78 shootings while the Remington 125gr .357 data is based on 431 shootings and the Federal 125gr .357 is based on 641 shootings. Given the relatively low number of shootings with the .40 Golden Saber, I think that the uncontrolled variables we've discussed earlier put the 10% difference within the "margin of error." I don't think that we can say definitively that the 180gr .40 S&W Remington Golden Saber is significantly better or worse than the Remington and Federal 125gr .357 Magnum loadings, but I do think that because all three of these loadings perform well in the FBI Tests and rate highly in the M&S study that we can safely label all three as effective loadings.
Some interesting and reasonable comments.
FWIW, the CHP ammunition can vary a bit from one office (area) to another depending on how quickly the existing inventories are exhausted and replenished. For example, the last state contract for ammunition (Start Date Sep 1, 2009 & Expiration Date Aug 31, 2012) was awarded to Winchester. The duty ammunition for .40 caliber on that contract is Winchester RA40TL, 40SW, 180Gr, JHP.
However, there's still probably a fair amount of the previous .40 load, the standard 180gr (non-bonded) Golden Sabre sitting in various field office inventories and being used for monthly shoots. It's not uncommon for some offices to still have inventories of the previous bid load and not see the new bid load for some time.
If I remember correctly, the load they used for the longest time was the original Winchester .40 S&W load, the RA40180HP, which is the original 'old style' 180gr JHP (think USA line).
So, just about the time someone may come up with some statistics for the Rem GS load (versus the older Rem Express or Win Ranger loads), some of the shootings involving the CHP are probably going to have occurred with the Win T-series version.
Rather than look at the different brands and
bullet designs that have been used by that state agency since back about '90, maybe it might be more practical and reasonable to consider that while different companies and specific loads have been in-service, the loads have all been 180gr
bullet weight... and they've apparently been satisfied with it, at least to date.
I also gave the 125gr Federal JHP and Remington SJHP loads careful consideration for my on & off-duty needs when I carried an issued .357 Magnum service revolver, but that didn't mean that I wasn't using other brands and loads at times. I also liked the 140gr & 145gr hollowpoints, too. Still do. I even have some heavier bullet weight .357 Magnum loads that I keep on hand for different reasons. Great caliber that allows for some great versatility, even when only factory loads are used. (It's been close to 30 years since I've been an avid handloader, myself.)
I've also long since made an effort to avoid becoming embroiled in "debates" about the OSS data and information, and its interpretation, that were gathered and compiled by Marshall & Sanow. They did something that hadn't really been done in quite that manner up until that time, and while they weren't scientists (nor ever claim to be), they had some insights gained from their respective careers and experience. They made many of us start asking questions, or maybe at least better questions, when it came to considering defensive handgun ammunition.
That was then, and this is now ... and tomorrow may well give us even different things to think upon, or new ways to look upon the same things. Dunno. Who does?
It's still just a handgun, too, folks.