Home defense with NFA item?

[Drakkule]

I would say he looked completely prepared, and i thought he might be wearing body armor, so i kept shooting until my gun quit firing. I was so scared i pulled the trigger for the next several seconds out of straight shock. I also think this is how i would actually react, things would happen so fast that you would just keep pulling the trigger until the attacker, or you ended up on the floor, not moving. I would protect my family, then worry about the lawyers, family first. If i had to go to jail, but my family was safe, then so be it.

 

[Kirk Freeman]

Kirk, would it have to be limited to three-rd bursts, or could it have been a one-trigger-squeeze mag dump?

BoR, yes, the OP said it was an M16A2 that means the froggie three burst.

Kirk, I think the 7 tap is beside the point in the OP.

Maybe, maybe not. It should certainly be a consideration in any hypothetical.

Shooting someone seven times could be a factor in your prosecution. Depends on where the bullets land, depends on what the witnesses heard, depends on what you tell the cops, etc.

It depends, always does, always will.

 

[Aaronhome27]

This ^^^^^. Do you REALLY want several thousand $$$ of NFA fun confiscated by non-gun people and returned several years after all legal proceedings have finished as a blob of rust?

That was my first thought when I read this post too!! Sad when you look at it like that. I guess losing the rifle is better than going to jail on other charges. My first reaction would also be too.......... then after you realize what you were using.

 

[IndianaResident]

If we are just talking about how the picture is painted to a jury I would expect a short barreled rifle would be more "acceptable" than automatic weapons, and likely more acceptable than suppressors as well.

 

[IndianaGTI]

None.



No.



No.

He's a dreamer.

What possible legal issues could you have?

They are too many to enumerate here

Is there a law against using an NFA item in self defense?

NO

Could a prosecutor get you life in prison?

The prosecutor couldn't but a jury could depending on the rest of the circumstances.

 

[IndianaGTI]

By the way, self-defense is a defense.

The charging information will say that Joe Homeowner intentionally killed another human being, to-wit: John Doe. That would be true.

If you are charged, then after you are arrested and held in jail pending trial, possibly without bond because of your access to items which the State may portray as "dangerous", then you will get an opportunity to argue your defense at trial.

Not a good situation.

 

[GBuck]

Who says that you will be found to have been justified?

Who is to say what a prosecutor and then a jury will find after you 21 tap someone?

FTFY

 

[GBuck]

Prosecutor: "why did you shoot him 21 times?"
Me: "He kept moving!"
Prosecutor: "Isn't it true that he kept moving from the shock waves being sent through his body by your 5.56?"
Me: "That's beside the point."

 

[Titanium_Frost]

Prosecutor: "why did you shoot him 21 times?"
Me: "He kept moving!"
Prosecutor: "Isn't it true that he kept moving from the shock waves being sent through his body by your 5.56?"
Me: "That's beside the point."

Prosecuter: "So you had time to load a full magazine, rack one into the chamber, drop the mag, add another round and reseat that mag into the weapon before you fired?"

 

[GBuck]

Prosecuter: "So you had time to load a full magazine, rack one into the chamber, drop the mag, add another round and reseat that mag into the weapon before you fired?"

Yes.

I guess I assumed he was at the end of his cleaning and already had all of that done. I hope you can see my point though.

 

[Titanium_Frost]

You are cleaning your full auto suppressed M-16a2 after a day at the range. You just got done putting her all back together when you hear a window smash downstairs. You load up your rifle with a 20 round mag, call the police, and guard the doorway of the room you're in. Suddenly, the door slams open and the man has a mask and a gun. You dump an entire mag into him.

I guess I assumed he was at the end of his cleaning and already had all of that done. I hope you can see my point though.

No, I didn't get the point you were making I just figured I'd mess with you

 

[Destro]

I thought that Indiana code provided legal protection in the event that you were forced to protect yourself or another. In other words, if you are found to have been justified in using deadly force, there can be no civil suit to follow.

you can still be sued at anytime for any reason, you would still have to go to court to show cause for dismissal.

Everybody should check their HO insurance policy to see if it covers you civil defense, if not, consider your options.

 

[ATM]

He's a dreamer.

But a very wise dreamer.

If I have a rifle in my hands (auto, suppressed, SBR, whatever), there is no way I'm going to opt for a lesser weapon like my pistol based upon anyone's paranoid delusions that it would somehow impact my defense later in a courtroom.

The scenario in the OP is such a blatantly justified use of deadly force, I would have no worries whatsoever.

 

[nate1865]

The prosecutor could make hay out of the fact you used a machine gun in self defense. Popular television is most juror's frame of mind.

That's an uphill battle from a hunting arm, revolver, or other firearm.

It is all about perception when it comes to the courtroom. Don't let people quoting text confuse you. It is about what you look like to a group of individuals on a jury. Most people have no idea a machine gun is even legal. Once your butt is in the defense chair you are already fighting an uphill battle.

Wasn't there a story about a guy in New Jersey that defended himself with a machine gun and it didn't go well for him?

 

[chuckp]

you can still be sued at anytime for any reason, you would still have to go to court to show cause for dismissal.

Everybody should check their HO insurance policy to see if it covers you civil defense, if not, consider your options.

Homeowners insurance only covers accidents. Shooting someone is an intentional act to cause bodily harm. Insurance will not cover that. BTDT.

Chuck

 

[MikeA]

only one person has been prosecuted and he didnt actually retreat when he should of. I cant remember his name but he was working for HK at the time and shot the guy with a mini14 I believe. Gotta go to work, google is your friend.

 

[dubsac]

My reasoning would be based off the OP's question, if you can afford a $15,000+ gun you should be able to find a pretty darn good lawyer to take that case. After all money may not bring you happiness but it can buy you freedom. Just my

 

[Destro]

it doesn't cost $15,000 to own a legal, full auto M16, and keep it at your house...most start at $1,000

 

[dubsac]

it doesn't cost $15,000 to own a legal, full auto M16, and keep it at your house...most start at $1,000

Wow if that's the case throw a guy a bone to where I can purchase a full auto m16 for $1000.00 legally, I'll take 3 of them. And I'm talking authentic m16 colts imparticular, no bs conversion accepted.

 

[AllenM]

it doesn't cost $15,000 to own a legal, full auto M16, and keep it at your house...most start at $1,000