Re: Why not ccw with hand loads
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DCR</div><div class="ubbcode-body">Has there ever been a case where a criminal (i.e. blatant criminal activity, drive by, murder, etc) used hand loads and the fact that they used hand loads was brought up in court?</div></div>
I would say you would be hard pressed to find such a thing. Most of the criminal firearms activity I have been involved in investigating, charging or testifying on has been with stolen or other illegally acquire/possessed weapons. In that case they usually just send someone to the local wally world to buy some ammo. If handloads were used, then they were more than likely in the weapon when it was stolen. Since it's pretty difficult for a non-reloader to look at ammo and tell if it's factory or handloaded I would say it's a fact that doesn't get cataloged often.
Think about it from a jurors standpoint. If a guy just used a .357 to blow his girlfriend away for cheating...does it make a difference if it was ball or jhp? Factory or handload? Not really.
However in a defensive shooting where it's not clear cut wrongdoing or in a civil suit where they are attempting to show malice, then it could matter to the jury.
I really wish I had the resources to compile this type of data, but without a Lexus Nexus account it's a huge pain. Even with an account its a pain. </div></div>
LoneWolf, I just did the search for you.
I searched for "hand load" and "handload" in any document which also contained the words "self-defense" or "self defense" in the "all cases" Westlaw database, which searches all reported, and many unreported, state and federal cases.
Here is the one and only case including these words, which obviously has nothing to do with the issue of using a hand load:
"For example, in Thomas, '[t]he jury could infer that defendant returned to his car to get the rifle and ammunition before committing the murders,” and because the rifle lacked a clip, “in order to fire a second shot [as occurred], one had to eject the expended case by opening the bolt and hand load a round into the chamber.'” People v. Hensley, Not Reported in Cal.Rptr.3d, 2004 WL 2958740 (Cal.App. 1 Dist., 2004).
Running a search for "reload" and "self-defense" yields 46 cases - all of which involve the person reloading their weapon, similar to the above cite, which resulted in charges.
NONE - ZERO - cases, either civil or criminal, in the Westlaw database for all state and federal jurisdictions report anything about the use of hand loads and self-defense.
The bigger factor was the person firing multiple rounds, and reloading.
Hope that helps.