Legal impact of a modified firearm

[Anselmo 87]

67GTOnut's thread about modifying his M&P by removing the magazine safety had some comments about the legal ramification of using a modified (removing a safety) firearm in a home defense situation. I've also read some similar posts about trigger work on a firearm.

 

Are there any actual legal cases someone could reference about this being a real concern or is this just an urban myth? I don't see how, in a justifiable shooting/self-defense situation, it would matter how the gun was modified as long as it still complied with NJ laws.

[KpdPipes 388]

Mas Ayoob always wrote about it possibly enhancing liability in the civil end of a case, but i believe it was always just his opinion and not necessarily based on caselaw. HOWEVER, in the case a couple of years ago where the guy shot someone who sicced his dog on him or soemthing on that order, his CHOICE of firearm (10MM auto) was used to try and paint him as "looking for a Fight' i Do believe that wasnt successful, but its something to think of. Which is why i try to push people to use factory ammunition for defensive purposes.

[GRIZ 3,369]

67GTOnut's thread about modifying his M&P by removing the magazine safety had some comments about the legal ramification of using a modified (removing a safety) firearm in a home defense situation. I've also read some similar posts about trigger work on a firearm.

 

The only way I can see removing the safety would make a difference is in a unintentional discharge situation. Your opponent can bring up anything in court. As long as your attorney is equipped to counter it (convincingly to the jury), it wouldn't affect the outcome of the case.

 

The fact you removed a safety could be brought up to show you had a disregard for safety. How the removal of a safety affected the final outcome is what your attorney has to focus on.

 

Removing a magazine safety has a tactical reason but is doing so worth the explanation you may have to present in court? Back in the 80s I had a S&W M59 I carried at work and removed the magazine safety. Now almost 30 years later, I wouldn't dos so. Just avoiding something else to explain away.

[vladtepes 1,060]

[not a lawyer]

 

I think that the only situation where this would be an issue is in a negligent discharge.. if you had a negligent discharge and it was discovered that you had defeated the guns factory safety components they might be able to make a stronger case for you being responsible... but I think that you have to consider in a self defense shooting once you commit to shooting someone the safety is at that point irrelevant.. safety on.. safety off.. no safety at all.. you are taking the shot.. so IMO in that circumstance it becomes a non issue..

 

[/not a lawyer]

[Pizza Bob 1,488]

IIRC, (and that is becoming less certain these days) Ayoob, who advocates for this position, devoted a column in Combat Handguns to this issue and cited several court cases where the use of modified firearms in a defensive situation came into play.