Harold Fish was ultimately acquitted (charges dropped). He spent a minimum amount of time in jail. He wasn't even jailed during the 2 years waiting for trial. FWIW, I've read the entire transcript of the Fish trial.
You and Ayoob have come up with two cases - in both the "accuseds" were ultimately acquitted. Hardly a sound basis for arguing about liability.
The real issue was the massive costs of mounting the defense. Fish died broke. But that's an entirely different issue - any number of "good shoots" have incurred similar cost, Geo. Zimmerman being the one the most quickly comes to mind. Zimmerman shot Martin with a cheap, stock gun - what's the lesson from that -don't carry cheap stock guns?
I have a S&W 686 Performance Center model It has the "PC tuned action". It has a high visibility sight. I guess I should leave it in the sock drawer.
BTW, the jury in the Fish case said they were more disturbed about his use of hollowpoints, about which the prosecutor made a big deal. So if we are going to run scared, we all need to trade in the latest Gee Whiz HP for some FMJ, or maybe just old school lead SWC (which were standard police issue in many depts. when I started shooting).
So the issue really is should you be insured, how much, what risks. I encourage everyone to talk to a knowledgable insurance agent about an umbrella policy.
Fish was released after serving roughly 3 years (2006 - 2009), when his case was overturned on appeal, and I'm not arguing liability... that would be a civil case. I'm arguing criminal prosecution.
I do agree though that the cost of defending yourself against criminal charges is insane. That's why it's a completely different environment for LEO than it is for average citizens.
However the fact that Zimmerman used a cheap stock gun is educational, since it never came up as an issue in trial, and the prosecutors admitted they 'tore the gun apart' looking for any kind of modification. The lesson is that if you are in 'the trial of the century', don't give the prosecutor anything they can use against you.
As for your 686, if S&W will come to your trail and testify that the gun they shipped was appropriate for use in self defense, and that you didn't modify it from the factory state, then feel free to use it. We both know sights are irrelevant (unless you removed them completely).
My point is that if you decide to do a little 'cleanup' on the trigger work they did at the Performance Center, you just gave a potential prosecutor an in, and removed S&W from your side of the argument. Carry it if you want to, and you think you can convince a jury that you personally have enough knowledge and experience to change the way the factory set the gun up.
And yes, Fish was about both the caliber (10mm) and the bullet design (HP).
These days this is an easy one to articulate though. All police departments use HP bullets, even in NJ. This is easily documented and Mas mentioned doing it once in court by simply asking the bailiffs what kind of ammo they carried.
The key thing than anyone involved with self defense law as practiced will tell you is that prosecutors come up with some amazing things to throw at the wall. You need to be ready for this and close off as many avenues as possible before anything happens, because it's way too late afterwards.
I'll bet if you told Harold Fish that he would spend 3 years in prison for carrying a 10mm, he might have just opted for a 1911 instead.