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Not One of
the Cool Kids
Picture of enidpd804
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quote:
Originally posted by EasyFire:
quote:
Originally posted by JDSigManiac:
As a former prosecutor and now as an attorney that defends police officers in civil cases alleging excessive force (including shootings)and who advises police agencies on liability issues, it is my opinion that anyone who says the answer is definitively one way or another is mistaken. The only correct answer is “it depends.” It depends on if the shooting was intentional or accidental, whether the intended target got shot or an innocent bystander did. Criminally, it makes a difference whether you get a reasonable prosecutor or an anti ccw/gun prosecutor. The jury you draw is also a critical factor. If it was an accidental shooting, or if an unintentional bystander got hit, then the risks go up. Civilly, the fact that the pistol was modified from factory original WILL BE admissible. Some money grubbing coin operated whore, er, I mean “expert,” will come up with an opinion that the modification somehow impacted the shooting. Will it be reasonable? Probably not, unless it was an accidental shooting or negligent discharge. But, you will have to have an expert on your side to refute the claim. Ultimately the issue becomes one of weight of evidence, not the admissibility of it, therefore, it would be up to the jury to decide. This poses another variable, a Texas or Florida jury would view the evidence much differently than a NY or California jury. After trying nearly 50 cases to jury. Erdict, I have seen results that have taught me to never trust the common sense of the community at large. These are the people that will judge you criminally or civilly if you shoot someone.

After every shooting that I have litigated or investigated as a LEO, the weapon is seized and sent to the lab for testing. The report will indicate what the trigger pull is, and may indicate if it has been altered from factory specs or equipment. Unless other jurisdictions are different, anyone who is in the camp of “they will never know” is wrong. In a civil case, the other side will have access to inspect and test your firearm. Your modifications will be found and exploited by your opponentif possible.

Most agencies have a policy against modifying firearms for a reason. Why interject an unnecessary variable in an otherwise ridiculously complicated, emotional, and expensive process? Because one could never know or even reasonably foresee the variables involved in a theoretical shooting, my advice is always to leave the weapon in factory condition. If modifications are made by the factory (ie AEP) then there is not likely to be a problem. If you drop in some super wiz bang flavor of the month trigger, then you are incurring risk. Whether the risk ultimately manifests itself in harm depends on how the variables play out. No armchair firearms expert or internet lawyer can tell you the outcome. If a lawyer tells you they know how it will play out, then you need a new lawyer. Is it reasonable that a trigger job makes the weapon more accurate? Sure, but that wont be the only evidence that gets before the jury. Knowing what I know (and admittedly, its one guy’ opinion, as educated as it may be) all my carry guns are bone stock.

One real life example about the ridiculousness of what may occur in court: I was defending an officer in a civil case in federal court in a fatal shooting case in which the officer was accused of excessive force. A white officer shot a black teenager with his personally owned, but agency approved AR that he was qualified on. The rifle had an integral flashlight in the forearm. This simple change from factory specs had to be addressed by our expert. Obviously, putting a flashlight on the rifle was to improve visibility, and was not an evil thing “that goes up” but became an issue anyway. The plaintiff’s lawyer also kept referring to the otherwise stock AR as a “machine gun.” The moral of the story is that lawyers will exploit any potential issue in favor of their clients and prosecutors may do the same if it is in favor of their case.

At the end of the day, its a personal choice. Do what you will, but don’t operate under any illusions that the “I shoot better with my whiz bang trigger” argument is guaranteed to carry the day. If your factory trigger is not serviceable and you cannot shoot it well enough to carry, then, in one guy’s opinion, you need more practice or a different gun.


Best answer and advice!!!


Yep. Thread winner.
 
Posts: 3911 | Location: OK | Registered: August 15, 2009Reply With QuoteReport This Post
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Picture of jljones
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The best way to not be sued is to not carry a gun at all.

From there, you start making choices.

This message has been edited. Last edited by: jljones,




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Posts: 37258 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
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Picture of giz55792
posted Hide Post
quote:

After every shooting that I have litigated or investigated as a LEO, the weapon is seized and sent to the lab for testing. The report will indicate what the trigger pull is, and may indicate if it has been altered from factory specs or equipment. Unless other jurisdictions are different, anyone who is in the camp of “they will never know” is wrong. In a civil case, the other side will have access to inspect and test your firearm. Your modifications will be found and exploited by your opponent if possible.


Just a question, if you shoot a lot and the trigger has smoothed out/lightened up due to use/age with no mods, how would they be able to prove otherwise?
 
Posts: 711 | Location: Virginia, MN | Registered: October 01, 2012Reply With QuoteReport This Post
Sigforum K9 handler
Picture of jljones
posted Hide Post
quote:
Originally posted by giz55792:
quote:

After every shooting that I have litigated or investigated as a LEO, the weapon is seized and sent to the lab for testing. The report will indicate what the trigger pull is, and may indicate if it has been altered from factory specs or equipment. Unless other jurisdictions are different, anyone who is in the camp of “they will never know” is wrong. In a civil case, the other side will have access to inspect and test your firearm. Your modifications will be found and exploited by your opponent if possible.


Just a question, if you shoot a lot and the trigger has smoothed out/lightened up due to use/age with no mods, how would they be able to prove otherwise?


Like in everything, it has zero to do with what they can prove. And everything to do with what they can allege. Crime labs in Kentucky DO NOT do any of this on a regular basis in crime guns. I guess other states do, and some get DNA back before the first commercial break.

Also, just to point out, take any examples that are police related with a grain of salt. Getting a family member shot by the po-leece is the ghetto lotto. Because the city has deep pockets on a judgement. If they could only sue cops you’d see a lot less, I guarantee.




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"It's a bold strategy, Cotton. Let's see if it works out for them"



 
Posts: 37258 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
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posted Hide Post
quote:
Originally posted by Mountain Walker:
I assume you did this at Sig factory. What was the cost?


$175 (IIRC) which included changing trigger to standard vs. Short Reach Trigger and I received free shipping since the trigger pull over the factory specs. DA was very hard to pull.


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Posts: 886 | Registered: March 03, 2015Reply With QuoteReport This Post
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Picture of HayesGreener
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JDSigManiac is dear right on his analysis.

I am in the camp of LE administrators who would prohibit tinkering with the internal mechanism of the issue firearm. Not so much because it creates such a liability issue, but because it is a slippery slope. It's one thing to send the gun back to the manufacturer or a reputable gunsmith for a tune, it is something entirely different for some guy who has a Dremel tool and watched a YouTube video who thinks he is now a gunsmith. We caught guns in inspections that were tinkered with that were unreliable or unsafe. The question I have to ask, what makes you more qualified than the manufacturer's engineers to make such modifications?


CMSGT USAF (Retired)
Chief of Police (Retired)
 
Posts: 4379 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
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quote:
Originally posted by HayesGreener:
JDSigManiac is dear right on his analysis.

I am in the camp of LE administrators who would prohibit tinkering with the internal mechanism of the issue firearm. Not so much because it creates such a liability issue, but because it is a slippery slope. It's one thing to send the gun back to the manufacturer or a reputable gunsmith for a tune, it is something entirely different for some guy who has a Dremel tool and watched a YouTube video who thinks he is now a gunsmith. We caught guns in inspections that were tinkered with that were unreliable or unsafe. The question I have to ask, what makes you more qualified than the manufacturer's engineers to make such modifications?


Well stated. Good perspective


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Democracy is 2 Wolves & a Lamb debating the lunch menu.

Liberty is a well armed Lamb!
 
Posts: 886 | Registered: March 03, 2015Reply With QuoteReport This Post
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Picture of jljones
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How about this then.

Do police in NY get sued at a lower rate after deadly force because of rough 47 pound triggers?

This thread has taken a turn where it misses the point.




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Posts: 37258 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
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I think it has more to do with locale than the weapon or modifications. California, for instance, has huge budgets, leftist government and prosecutors who seem to hate honest people. I can see them lab testing, etc to find criminality in a shooting. Other parts of the country, like Kentucky, look more at the behavior for criminal intent. Pretty much, from what I've seen here, if you simply follow the deadly force rules laid out in concealed carry training, you'll be fine. That's one reason I advise people to take the course, even though a permit is no longer required in this state.
 
Posts: 17297 | Location: Lexington, KY | Registered: October 15, 2006Reply With QuoteReport This Post
Sigforum K9 handler
Picture of jljones
posted Hide Post
quote:
Originally posted by jljones:
How about this then.

Do police in NY get sued at a lower rate after deadly force because of rough 47 pound triggers?

This thread has taken a turn where it misses the point.


So now I wonder. Is the armed citizen who shot the active shooter going to face charges if they find out he had a ghost rocket in his gun? That's basically what we are being told will happen if you do modify. A good shoot turns into a bad shoot

That guy also might be double screwed as the pundits constantly tell us how "average" gun fights are, and how if you shoot someone at a distance you are going to jail.

Oh, and if this had been an on duty LE shooting.........there would still likely be a wrongful death lawsuit.




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Posts: 37258 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
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Again, there is too much use of departmental org policy as if it were civilian defender policy. They are vastly different spheres.
 
Posts: 16 | Registered: December 12, 2018Reply With QuoteReport This Post
The guy behind the guy
Picture of esdunbar
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I'm still waiting for someone to tell me how all facts being the exact same, a 4 lbs trigger vs a 12 lbs trigger would matter. If someone can give me an example, I have an open mind, I just can't think of a scenario where it would/will matter.
 
Posts: 7548 | Registered: April 19, 2006Reply With QuoteReport This Post
Sigforum K9 handler
Picture of jljones
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^^^^^^^^^^^^^^

I would settle for an instance where a good shoot actually turned into a bad shoot solely based upon a trigger job. Or Punisher logo grips. Or skulls engraved on the slide.

There simply isn't any. It is always a bad shoot that just keeps getting worse due to other negligence. And instead of saying "Dude, that was fucked up.", we must blame the gear as causation instead.

People have made a good living at passing this off as fact, when in the armed community it isn't. You hear "but if you shoot someone you shouldn't" as causation, and guess what.....that's ALREADY BAD. What the police does or doesn't do (despite the fact that more and more agencies are allowing approved mods or custom guns) is also irrelevant. The cops are being sued on good shoots simply because the city has deep pockets. At the worst, the defendant may get $10k to go away. Nothing ventured/nothing gained. The lawyer HAS to spin up/make up shit to get that money. That's what it is about. To make claims that this in any way rubs off on the armed citizen in a free state is really a stretch.

The only way the po-leece will see a major shift in frivolous suits involving use of force is to institute tort reform to where the loser pays, and pays big for wasting the courts time. Until that time, it is business as usual, and the lawyers get paid.

At the end of the day, it matters not to me if you modify or not. It is the false comparisons, and homemade doctrine that bother me.




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"It's a bold strategy, Cotton. Let's see if it works out for them"



 
Posts: 37258 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
posted Hide Post
I wouldn't want a lightened trigger on my gun but otherwise can't see it harming in the real world where I live.

In Georgia a legal shooting is immune from any civil action.


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Posts: 9925 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
Quirky Lurker
posted Hide Post
quote:
Originally posted by jljones:
^^^^^^^^^^^^^^

I would settle for an instance where a good shoot actually turned into a bad shoot solely based upon a trigger job. Or Punisher logo grips. Or skulls engraved on the slide.

There simply isn't any. It is always a bad shoot that just keeps getting worse due to other negligence. And instead of saying "Dude, that was fucked up.", we must blame the gear as causation instead.

People have made a good living at passing this off as fact, when in the armed community it isn't. You hear "but if you shoot someone you shouldn't" as causation, and guess what.....that's ALREADY BAD. What the police does or doesn't do (despite the fact that more and more agencies are allowing approved mods or custom guns) is also irrelevant. The cops are being sued on good shoots simply because the city has deep pockets. At the worst, the defendant may get $10k to go away. Nothing ventured/nothing gained. The lawyer HAS to spin up/make up shit to get that money. That's what it is about. To make claims that this in any way rubs off on the armed citizen in a free state is really a stretch.

The only way the po-leece will see a major shift in frivolous suits involving use of force is to institute tort reform to where the loser pays, and pays big for wasting the courts time. Until that time, it is business as usual, and the lawyers get paid.

At the end of the day, it matters not to me if you modify or not. It is the false comparisons, and homemade doctrine that bother me.


Well, that sure is one opinion. Roll Eyes

I have not seen anyone say a modification turns a good shoot into a bad one. That doesn't make the issue black or white or that people should not be concerned about modified carry guns. People should make their own choices, just like whether to carry in the first place.
 
Posts: 881 | Location: Florida | Registered: June 20, 2004Reply With QuoteReport This Post
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Picture of jljones
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Fine. Show us cases. Actual case law of individual citizens in free states that got jammed in criminal prosecution due to trigger jobs. Or Punisher grips. Where the homicide was justifiable, but it turned from a good shoot to a bad shoot solely based upon a trigger job. If the guy had a stock trigger, he wouldn't have been found guilty.

One single case.

I'll wait.




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Posts: 37258 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
Quirky Lurker
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You ask for the impossible. While many of your opinions are very informative, your sarcasm here is misplaced. There is no way to look at every shooting that went to trial, to dissect every argument made at trial, or to interview every juror to determine what arguments swayed the jury. You have an opinion. Great, its a valid one. It doesn’t mean other opinions are invalid or that you have to be sarcastic or disrespectful to others who hold different opinions.
 
Posts: 881 | Location: Florida | Registered: June 20, 2004Reply With QuoteReport This Post
Sigforum K9 handler
Picture of jljones
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You would think if it were near the boogeyman that people make it out to be that there would be at least ONE case that could be pointed to.




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Posts: 37258 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
Festina Lente
Picture of feersum dreadnaught
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Not a lawyer or law-enforcement administrator.

However, with respect to modifying a gun, does that mean that adding night sights, or an optic on a carbine is also out, in addition to improving the trigger? what about using hollow points instead of good old ball ammo?

I thin the point is that self-defense, after the event is over, is all about showing that what you did, under the circumstances you did it, was proper, reasonable, and lawful. You are admitting you took an action that is criminal under most circumstances (e.g., shooting somebody), but that is was justified in your particular case.

So if everything else was "good" - meaning you had good cause to do what you did, in the eyes of the "reasonable man" (and what he would do, how he'd react, in your position if he knew what you knew at the time you did it), then the sights, ammo, and trigger are irrelevant.

Provided the modifications are not negligent, and you explain why they are reasonable, you should be ok. Based on my training and experience, a smoother, reasonably lighter trigger makes me more accurate. What is wrong with that?



NRA Life Member - "Fear God and Dreadnaught"
 
Posts: 8295 | Location: in the red zone of the blue state, CT | Registered: October 15, 2008Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
posted Hide Post
5 Cases that show the dangers of a hair trigger

Ayoob has testified in cases where the defendent was up against the state for charges regarding a shooting, and, the triggers of the firearms were brought up by the prosecution.

When you clam Self Defense that doesn't stop the prosecutor from trying to get you on negligence, or to paint you as a "happy trigger person", looking for a fight, or any other charge. Just look at George Zimmerman, and regardless of your thoughts about him, what an unfavorable light he was cast in due to the current political situation in DC and a POTUS that decided to comment on the victim 'If I had a son...."

The point about not having modified triggers is simply that it eliminates that from becoming part of the prosecutions case against you, or a civil attorney, or both using it to paint a picture of the shooter in an unfavorable light.

There are D prosecutors in larger metro areas that are anti firearm in every state, TX, FL, KY, TN and civil attorneys just want your money.

We're talking about Carry guns, not range guns, probably not a great idea to put "Smile wait for Flash" barrels, or Molon Labe grips, born to kill glock end plates on your carry.

Folks have the right to disagree, carry what you like, for whatever reason you feel justifies that decision... Just don't expect the law to respect your right to modify that firearm after a defensive shooting.
 
Posts: 24542 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
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