ODT attorneys....Can your dust cover prove premeditated murder in a self defense scenario?

[GAgunLAWbooklet]

Yeah, what the Yankee Marshall said is basically true, BUT.... BUT.... even if you chose a gun that comes from the factory with some evil, sadistic, twisted slogan or image on it, I think that can still be used against you.
You can't say "I didn't modify my gun; it came that way."
Of all the guns available to you, you CHOSE that one. I don't care that "The Punisher" human skull image is part of "popular culture." It's something that can come back against you if you have a shooting (or brandishing/ agg. assault) incident that it's obviously 100% justified.

 

[bulletpaluza]

Shooting an unarmed man 5 times probably didn't help.

There's always thaaaaat...

Pesky facts getting in the way of a dust cover debate.

 

[GAgunLAWbooklet]

Serious legal question.......show intent and motive ....

Just for the record, as a matter of law, the only "premeditation" required for MURDER in Georgia is intentionally killing somebody without legally-recognized justifications or mitigating factors. Malice is basically presumed, although it's technically part of what the jury must "find" as a matter of fact. But the legal definition of malice and the Standard Pattern Jury Charges for "malice" (what the judge reads to the jurors before they begin deliberations) will make it clear that "malice" can be formed in an instant, a second, and does NOT require any planning or preparation in advance. There's no such premeditation requirement for murder. All the law requires is that you had a split-second to think about what you were doing and you made a CHOICE to pull that trigger right then, instead of waiting another second, or instead of doing something else (butt-stroke the guy, scream a command for him to surrender, etc., etc., etc.)

 

[mfoster]

Either way I had rather be tried by 12 than carried by 6.

 

[blazedawg87]

Makes you wonder about Black Rain's dust cover that they put on every rifle. Let It Rain!!!
Which is pretty awesome to me.

 

[Ken Ford]

Shooting an unarmed man 5 times probably didn't help.

On his knees...

 

[Ken Ford]

Yes, if you have engraving on your gun that makes you appear like a bloodthirsty, trigger-happy nut just waiting for a chance to kill somebody "legally" then the State can and probably will use it against you in court.

It would be combined with other direct and circumstantial evidence, though.

It would only matter, as potentially outcome-changing, if the shooting incident itself wasn't obviously justified.

If I'm in a liquor store when a gang of armed robbers comes in, all brandishing guns, shooting in the air and screaming commands, I could mow them down with a squad automatic weapon with the barrel engraved "Kill 'Em All & Let God Sort 'Em Out" and the selector switch marked "Group Therapy" in full auto setting.

Yep, good shoot will be good regardless, at least in most places in the country. But if it's bad in anyway they will make the strongest case against you they can.

 

[PA4476]

On his knees...

Right, I think the dust cover was just icing on the cake.

 

[tazfxrp]

I keep my CZ Scorpion next to the bed with a can on it, could that be an issue?

 

[rbstern]

In 2004, Harold Fish, a retired school teacher in AZ, carried a 10mm pistol while hiking in hills where mountain lions are known to prey. He had an encounter with a mentally disturbed homeless man and two dogs. He shot and killed the man under controversial circumstances, claiming self-defense. Ended up convicted of 2nd degree murder. Conviction was later overturned, after Fish had served 5 years.

At trial, the prosecutor made a big deal out of how "deadly" the 10mm pistol Fish carried was, as an indicator of intent to do harm.

Point being: A prosecutor can use nearly ANYTHING you do or say, to paint a picture for the jury. If you put "tough guy" slogans on your weapons, and then get into a scrape that lands you in court, you can expect the jury to hear about it.