I agree with Aguila Blanca
I was trying to think of an erudite way to express just how silly I think the premise in the original post is, but I can't.
I'll let the fact that I carry a single-action 1911 cocked & locked speak for itself.
The original post is one big pile of ain't right
I haven't read the replies yet so I don't know if I am repeating what was said already. I will read the entire thread when I finish posting.
My question is this: a friend claims that in a justified self defense shooting, the investigating DA can use whether you cocked the hammer or not against you
I also carry a 1911 which is cocked and locked and is designed to be carried that way, but assuming you carry a revolver which is not designed to be carried cocked how would anyone known
EDIT I strongly advise you to never carry a cocked revolver, and to use the revolver double action. Cocking a revolver is for shooting log distance accurately, if you are far away there usually is an opportunity to retreat
Therefore my friend strongly recommends against carrying anything with an external hammer.
pure nonsense police have carried revolvers with exposed hammers for more years than most of us have been alive. I carried one (S&W .38 revolver) for 20 years when I was a cop.
My position is that showing the pistol is the warning, cocking the hammer is the very stern warning and the rest is what it is whether the hammer is internal or not
This is so wrong for so many reason. What happens if your thumb slips on the hammer as you cock it and the gun fires how do you explain the dead body. which leads to reason #2 You
NEVER EVER pull out a gun unless you intend on shooting someone. Pulling out a gun to scare someone is called brandishing and it is against the law.
Which leads to #3 one of the rules in fire arms is to never point one at something you don't intend to destroy.
What happens if you take out the gun and you are not legally justified to use DPF (deadly physical force), your bluff fails and you can't legally shoot so now you have a choice of standing there looking silly with a gun in your hand you can't use. Or you get scared and fire the gun and shoot a person that you legally have no right to shoot.
As far as I am concerned if the gun comes out of the holster I am going to shoot immediately. I will not be engaging an any discussion
To me the decision to cock the hammer in front of the would-be-assailant gives him another opportunity to walk away before something bad happens. It lets him know I'm really serious about this and yes this could happen.
The smart thing is for you to walk away if there is trouble about to start, having a gun is a big responsibility but you only use it as your last option. Unless they are in your house walk away if you can unless doing so will mean you or a loved one will loose their life
I should also mention that I'm fully aware of the "I have a gun, don't make me shoot you" line. I guess I should have mentioned that the complete order would start with the verbal warning.
I would not tell anyone I have a gun, I would try to avoid the situation before it got to that point. When you carry you should have a high level of situational awareness and spot trouble before it starts so you can withdraw before the gun becomes necessary.
If you carry a gun you should be prepared to use the gun without a debate if you start a conversation and hesitate the attacker will see it as weakness and probably take away your gun.
make sure you know the law and justification for use of DPF
If you are unprepared to use DPF and pull out a gun thinking it will scare someone away then I suggest you get a gun with a trench sigh like the Colt "New Agent" so it won't hurt as much when it gets shoved up your butt when your bluff fails.