Has Anybody Ever Been Charged for Using a Mousegun in SD?

Status
Not open for further replies.

Buck Snort

Member
Joined
Oct 5, 2004
Messages
1,171
Location
N. CA.
What I'm getting at here is whether or not anybody has been accused by a DA for "shooting to maim" by using a mousegun rather than shooting to stop an attack with a beefier caliber. If a DA can go after a defendant for using "too powerful" of a gun (i.e. that case in AZ where the guy was convicted when he used a 10mm), then the opposite can be true as well. Has anybody ever heard of such a case?
 
I'm not aware of any, but unlike mljdeckard, I don't doubt anything when it comes to the judicial system.
 
Certainly not. Firing ANY firearm at someone else constitutes the use of lethal force. And, considering that it is still often reported that .22 LR is pretty far up the list of cartridges most often used in homicides, (though, no, I can't find a cite at the moment), the claim would be utterly specious.
 
"If a DA can go after a defendant for using "too powerful" of a gun (i.e. that case in AZ where the guy was convicted when he used a 10mm), then the opposite can be true as well. Has anybody ever heard of such a case?"
No one was ever charged because they used "too powerful of a gun" (sic). In that case the prosecution claimed that the use of force was not justified, and that the defendant was looking to go out and shoot someone. The prosecutor claimed to the jury that the use of the 10mm pistol supported the government's theory that the defendant wanted to shoot someone, and was not justified in using lethal force.
 
Mousegun?
I wonder if shooting someone with a .22 rifle would be seen as worse than shooting someone with a pocket .380.

I can't imagine anyone keeps statistics on the mindset of DA's.
 
[1] Sam nailed it. Using a gun, any gun, is lethal force.

[2] No DA is going after anyone solely because of hardware choice, AND --

[3] These things don't matter when everyone agrees that the use of lethal force was justified, BUT --

[4] If the DA and/or grand jury doesn't think the use of lethal force was justified, the DA will use anything available that he thinks might help him convince a jury to convict, including, but not limited to, your hardware choice, the bumper stickers on your vehicle and your posts on Internet gun boards.

That said, while an extremely powerful gun or "trespassers will be shot" signs on your gate might conceivably be helpful to a DA trying to convict you, I don't see him being able to make effective use of your having used a mouse gun.
 
Sort of. People have been accused or made to look bad for all sorts of things, and people have been made to look bad for doing the exact opposite as well.
You cannot really adjust your circumstances perfectly just in case you have to defend yourself.


The real claim is the use of a "Saturday Night Special" or "a gun really popular with criminals" or something similar with a mousegun. So rather than specifically the caliber it is the association of the gun with the criminal element the prosecutor goes for.




Traditionally mouseguns were the gun of choice for criminals (both the predatory variety, and the otherwise good citizen carrying illegally), because before concealed carry was legally common it was criminals and LEO that concealed firearms.
So the concealed carry market included a lot of criminals using them as a primary concealed gun, and LEOs that wanted a backup gun.


This was not specifically because they were buying more of them because they appealed to criminals, but a more complex reasoning:
Because a lot of mouseguns have been in low pressure calibers the material and strength requirements of the guns were much lower.
This typically allowed manufacturers to make and price these guns much lower than many service caliber firearms because they cost far less to produce and resulted in much less wear on the tools used to manufacture firearms.
This included both many revolvers, included various .38 special and below, and many inexpensive semi autos, some of which would become known as the "ring of fire" guns typically in .380ACP and below.

The result was both small dimensions and a lower price tag than most firearms. This combination made them extremely popular with low income segments of the population, which typically have higher crime rates and higher victimization rates (because the victims typically live in closer proximity to more criminals.)
This meant these guns were stolen more frequently from low income neighbors in burglaries, and due to their small dimensions subsequently carried by more criminals when available on the black market.

Hence small affordable firearms became associated with the criminal element. "Saturday Night Special" for example stems from an old racist term "Niggertown Saturday Night", and "Saturday Night special" was used to refer to guns inexpensive enough that they were commonly owned by low income blacks.
Later the term referred to any handgun inexpensive enough to be affordable for low income individuals of any ethnicity.
Contrary to the misconception that the term referred to low quality guns (though some are) it referred primarily to the price tag.
Legislation in various locations sought to create a minimum handgun price through arbitrary material and specification requirements. Such as preventing certain alloys, creating minimum melting temperatures for frames (which all modern polymer guns melt hundreds of degrees below) and other such restrictions.



But yes, there has been prosecutors that have pointed out that a firearm is a "Saturday Night Special", "junk handgun", "popular with criminals", "known to be so inexpensive you can just commit a crime and throw it away" and similar statements to make the defendant look worse to the jury.
The claim does not have to be true, just sound good or be believable enough to sway some jury members.

A DA does not go after someone due to the gun used, but rather attempts to reduce the defendant's credibility and tarnish their image in the eyes of the jury. Making the rest of the case easier to prosecute and reducing the benefit of the doubt the jury will give to the defendant.
 
Last edited:
Status
Not open for further replies.
Back
Top