Now if you are in Ca., the Mk 23 came stock with a threaded barrel so these Sacramento buffoons classify it as an “assault weapon”. My buddy carried a Mk 23 as a duty gun until this law was passed requiring AW registration for his H&K. The former Chief had him stop carrying it after this designation due to the potential optics involved.
Can it be an issue in a prosecution? Who knows. 31 years in LE, 16 of them working for prosecutors office has shown me; That every case has nuances and facts that differ from every other case; every DDA has knowledge and experience levels that vary; Every State or jurisdiction has statutes or prosecution guidelines that vary greatly. No blanket statement could ever cover all the variables.
Now I will say this; IF you give “ammo” for a prosecutor or a civil attorney to potentially use against you in a criminal or civil case, don’t piss and moan later when they do use it. Statements at the scene or to others, prior internet postings, website visits and text messages, “Kill’em all and let God sort them out” stickers on your AR-15 stock, “Punisher”, SS-Nazi, or even skull and crossbones type engravings or handgrips, etc. are all potentially pieces of “ammo” in a shooting case that any competent attorney would leverage to gain advantages, and any defense attorney would hate to see their client be associated with.
## Hypothetically: If Rittenhouse had adorned his AR with skulls, etc. wouldn’t you expect the prosecutor to pick that gun up and place it under every jurors nose to examine? What a piece gold that would be to sway the jury to form an opinion about his “violent” intent and “killing” state of mind before he even showed up to Kenosha. I certainly would use it as an adversarial attorney, and as a testimonial expert I would expect to be called to make certain these adornments were described and noted in the record.##
This is America; you are free to accessorize and decorate your gun, your house, your body, etc. and post on the web as much as you please.
There is one caveat; the same freedom (with some restrictions) goes to those who wish to use whatever you have chosen to do against you if you are a criminal defendant or civil respondent in a court hearing.
Now as to the H&K Mk 23 in particular; If I owned or legally possessed one, I would not hesitate to utilize one to defend my life from felonious assault if that was the thing that stood between my staying alive and my being grievously injured or killed.
I do hope none of us are ever placed in a position to have to do that. Even “righteous shootings” are not pleasant in the least.
Stay safe.
