Legal Ramifications of a Trigger Job.

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  • Birds Away

    ex CZ afficionado.
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    I have seen it implied numerous times, on this forum and others, that getting a trigger job or other modifications could put you in jeopardy should you ever have to use your gun in a defensive situation. Does anyone have any actual proof of this or is this just another gun shop myth? IMO smoothing and shortening the action makes the gun safer. With a good trigger job the pull should be smooth which should reduce the likelihood of pulling off the target. To me, making the trigger as good as it can be actually makes the gun safer. Just my :twocents:.
     

    Bennettjh

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    I've also heard that it could cause legal issues. I have no idea if it's true though. That could be gun shop myth #2. #1 would be the lifetime LTCH going away.
     

    Birds Away

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    Everytime I hear it everyone around just nods and agrees but nobody yet has been able to give me an example. Drives me crazy.
     

    Jack Burton

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    Ayoob and some other trainers are of the belief that an over zealous prosecutor will find any and every excuse to hang a shooter no matter the circumstances. He has written stories where unethical prosecutors use things such as gun modifications to persuade a jury that the shooter was a crazed, out of control killer just looking to murder someone.

    He can also get the jury on his side by declaring you bite your pop tarts into the shape of a gun if he wants.

    The only way to overcome it is the way you overcome everything else. Present credible and expert evidence that what you did or didn't do was well within the acceptable standards of reasonable behaviour.
     

    Rob377

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    You'll probably get better information on legal issues asking your lawyer than asking the internet-gunshop echo chamber.
     

    Birds Away

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    You'll probably get better information on legal issues asking your lawyer than asking the internet-gunshop echo chamber.

    Undoubtedly true. Unfortunately, due to an inexplicable lag in the government's redistribution of wealth, I do not currently have the wherewithal to have a lawyer on retainer. :D
     

    swilk

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    I heard the same thing about knives .... if its ever used in a defensive situation you might get in trouble it has been sharpened after purchase.
     

    TEK

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    issue 1-- civil lawsuit. if you make an AD because you dont exercise proper finger placement, and then stroke a 2 pound trigger and hurt somebody, then, someone may state a claim for negligence. minus the trigger job, you may still get sued, but the trigger job evidence will really sound bad with the jury.

    issue 2-- if you use lethal force in self defense, it will be more believable to investigators and prosecutors and if not them, the jury, if you are using stock weapons that do not have scary attributes. Like, you use buck folder to defend yourself, rather than a switchblade enscribed with "NINJA" or "Widowmaker" or some stuff like that. Or, you use a stock pistol to defend yourself, rather than a scary black rifle, or a pistol with a super light trigger job, etc.

    these are not Ayoob's speculative comments. he has testified as an expert witness plenty and they are not all that imaginative trial tactics.

    NOT a myth.

    Whereas a legit trigger job should not be a problem in our state. I think the context you need to stay away from is a really light stroke that any expert would testify was too light. how light is that? I'll leave that to the experts. ; )
     

    ATM

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    issue 1-- civil lawsuit. if you make an AD because you dont exercise proper finger placement...

    ...that is plenty to hang you with. Regardless of the trigger weight, you handled the gun negligently and should be held responsible for your act.

    issue 2-- if you use lethal force in self defense...

    ...it will be found reasonably justified or not, regardless of the trigger weight or the scary cosmetic appearances of your tools.

    NOT a myth.

    Attempts to support the myth in this hypothetical manner are unconvincing.
     

    TEK

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    ...that is plenty to hang you with. Regardless of the trigger weight, you handled the gun negligently and should be held responsible for your act.

    ...it will be found reasonably justified or not, regardless of the trigger weight or the scary cosmetic appearances of your tools.

    Attempts to support the myth in this hypothetical manner are unconvincing.

    In a civil suit they dont hang. They hold you liable. Every piece of evidence introduced may tend to convince the jury one way or another. You stated your own opinion about this. Your opinion is not automatically the average juror's opinion. That goes for the second point, too. Your opinion that scary stuff doesnt matter is your own opinion. If you are on a jury that is fine. The average person may or may not think like you.

    and when we are talking about court, sorry, but it is always a hypothetical unless you are in the jury room deliberating yourself. unless you are a jury consultant or some kind of law professor who has some kind of database of empirical studies at hand. to the extent there are any!
     

    mainjet

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    My guess is the mean look on your face when you pull the trigger can be argued in court that you were a crazed killer. The prosecution will always find everything that they can to make it look like the bad guy was really you when you pulled the trigger in self defense on poor defenseless Bob who was just trying to support his family by robbing you. There is no stopping their attempts but that does not mean that they will be successful in those attempts.

    Just be sure that if you have to pull the trigger, that you were in fear for your life or great bodily injury. If this can be shown then I don't think that it would matter if you broke an ax handle that you had made over the head of someone trying to kill you. They were trying to kill you and you used deadly force to defend yourself. Yes, the prosecution (shouldn't go that far) may say that you had previously custom made the ax handle and polished it to a fine finish but that doesn't mean you did it so that you could kill someone with it.
     
    Last edited:

    Kirk Freeman

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    that getting a trigger job or other modifications could put you in jeopardy should you ever have to use your gun in a defensive situation. Does anyone have any actual proof of this or is this just another gun shop myth?

    Numerous cases in Florida and New York.

    I am unaware of anything in Indiana but can look.
     

    Rob377

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    "It's not a myth, it's SERIOUS BUSINESS, and if you buy my books and DVD, you can learn how to protect yourself!"
     

    TEK

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    My guess is the mean look on your face when you pull the trigger can be argued in court that you were a crazed killer. The defense will always find everything that they can to make it look like the bad guy was really you when you pulled the trigger in self defense

    Not to be a stickler but in a prosecution, you are the defendant, and the prosecutor is the offense so to speak, so you have those terms inverted there. Likewise, in civil there is a plaintiff not a prosecutor, and you are again on the defense. Just so we understand terms here.

    Just be sure that if you have to pull the trigger, that you were in fear for your life or great bodily injury. If this can be shown then I don't think that it would matter if you broke an ax handle that you had made over the .......... the prosecution (shouldn't go that far) may say that you had previously custom made the ax handle and polished it to a fine finish but that doesn't mean you did it so that you could kill someone with it.

    The point is that if you do not need the scary inscriptions or the super light trigger job then why have such items. Its why I like a boring knife and a boring firearm rather than a sexy one. They work just as well.

    If you want to be billy badass though, you may want a super light trigger job and a ninja knife or whatever, that's your choice. I'm just talkign about what investigators, prosecutors, and the jury may think. If you care about walking after you use lethal force in self defense, then maybe you care about what those poeple think. or maybe you dont. up to you.

    there are a lot of shootings in self defense in indiana that never get charged and never end up in court for any reason. do you want to be part of that population or part of the group that gets charged and sued. think and act accordingly.
     
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