Ask A Lawyer Episode 3: Will Using Hollow Point Ammo Get You In Trouble?

Published on January 16, 2025
Duration: 23:14

This video features lawyer Andrew Branca discussing how ammunition choice can be weaponized by prosecutors in self-defense cases. Branca advises choosing 'boring' ammunition, similar to what law enforcement uses, to avoid giving prosecutors talking points. He explains that both hollow points and ball ammunition can be argued against, and even handloaded ammunition carries risks. The discussion extends to shotgun ammunition, generally considered less problematic due to its perceived ordinariness.

Quick Summary

While the law doesn't dictate ammunition type for self-defense, prosecutors can weaponize your choice. Using 'boring' ammunition, like that carried by law enforcement (e.g., Federal HST, Speer Gold Dot), is advisable to avoid giving prosecutors talking points about excessive lethality or over-penetration.

Chapters

  1. 00:00Introduction: Ask A Lawyer Episode 3
  2. 01:00Does Ammo Choice Affect a Self-Defense Case?
  3. 01:17The Black Letter of the Law vs. Courtroom Storytelling
  4. 02:00Why 'Boring' Ammo is Best
  5. 02:26Prosecutor's Tactics: Always the Wrong Ammo
  6. 03:03Ballistics vs. Marketing Labels
  7. 03:38The 'Boring Gun' Philosophy
  8. 04:04AR-15 vs. Police Trade-in Shotgun Example
  9. 06:38Kyle Rittenhouse Case: Ball Ammo Argument
  10. 08:48Should You Carry Handloaded Ammunition?
  11. 10:40Federal HST Law Enforcement Ammunition
  12. 12:22Shotgun Ammunition in Self-Defense
  13. 13:35Birdshot, Buckshot, and Slugs in Court
  14. 14:34Why Police Shotgun Shootings Are Decisive
  15. 18:15Perception of Firearms in Gun Control Jurisdictions
  16. 18:41Personal Story: Gun Visible in Drive-Thru
  17. 20:44Follow Andrew Branca & Law of Self Defense
  18. 21:11Masa Yip's Influence on Self-Defense Law
  19. 21:22Get the 'Law of Self Defense' Book for Free
  20. 22:36Conclusion and Thanks

Frequently Asked Questions

Can the type of ammunition I use for self-defense get me into legal trouble?

While the law itself doesn't specify ammunition types, prosecutors can use your choice of ammo as a narrative tool. They might argue hollow points are excessively lethal or ball ammo over-penetrates, aiming to portray you negatively to a jury. Choosing common, 'boring' ammunition used by law enforcement is generally advisable.

Is it risky to use handloaded ammunition for self-defense?

Yes, carrying handloaded ammunition for self-defense carries a risk. Even if your reloads are consistent and high-quality, a prosecutor could argue you handloaded specifically to create a more deadly round than factory ammunition, which is readily available and used by police.

What kind of ammunition should I use for self-defense to avoid legal issues?

The safest approach is to use 'boring' ammunition that is commonly carried by local law enforcement agencies. Brands like Federal HST or Speer Gold Dot are good examples. This makes your choice appear standard and less open to prosecutorial interpretation as an attempt to be overly lethal.

Does using hollow point ammunition for self-defense cause legal problems?

Prosecutors can indeed try to use hollow point ammunition against you. They might argue that by choosing hollow points, you intended to inflict maximum damage and lethality, potentially leading to charges like manslaughter if they can frame your actions as reckless or excessive.

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