Malicious Intent?

[Ksail101]

I keep reading about this charge in magazines. And I wanted to know the opinions of real ccw carriers and gun people, what is too much gun? And do you think about this at all or do you just slap on your .45 with the best self-defense load that you can find hoping to make the biggest wound possible?

I guess I dont understand how one can determine how much self defense is too much? And is this something that I should really think about when loading my mags next time with the supreme ammo or should I just stick with FMJ\Ball ammo?

Also i guess also is carrying a 9mm with hydra shok something that would warrent this charge? And if a police officer should happen to pull you over in your car and you tell him you are carrying and you show him the proper ID can he\she look at you pistol and possibly charge you with this, or if maybe you have a rifle or shotgun in your car at the time?

[SwoopSJ]

I have a CCW permit and the majority of the time I carry a S&W 642 .38.  However, when attire allows, I carry my XD .45 compact.  At least in my neck of the woods, KY, the malicious intent argument over caliber and bullet design is a non factor.  Around here, people figure that in the situation where a gun would be used to save your life, it doesn't matter if you're shooting a .22 or a howitzer.  Your choice of handgun caliber should not have to reflect the amount of "dead" your attacker wants to make you.  As far as bullet design goes, cops use hollow points and they are never accused of maliciious intent because of it, so why not private citizens.  IMHO, only hollow points should be used in order to prevent accidental injuries due to over penetration.  In response to your last question, in Kentucky, the only illegal ammunition is armor piercing, so even if the police wasted their time checking your choice of ammo, they would have no beef with hollow points whether they be .22 or .50, handgun or rifle.

Swoop
 

[ellis4538]

Pick a carry weapon and load that is known to be carried by the police...if it's good for their protection it is also good for you protection.  This and many other similar questions are covered in Combat Handguns Magazine (one of my favorites).

Richard

PS:  Maybe this could be covered in "Best Defense" if you ask MB nicely!

[pioneer]

Malicious intent is a term used by trial lawyers to get more money for their clients.  They try to convince a jury that since a .38 is "sufficient," anyone who carries anything bigger is a blood-thirsty killer.  Ditto with ammo.  They constantly try to demonstrate with "expert" witnesses that all hollow-point ammo is evil, since our military isn't allowed to use it.  They like to believe that the names of ammo, such as "Black Talon," "Extreme Shock," etc. show that you not only carry for defense, but you are a born killer who brutally gunned down their innocent, law abiding client for no reason. 

If, God forbid, any of us are forced to defend ourselves, you need to get an attorney who knows how to try a gun case.  The NRA can be a good source for such attorneys, or your local lawyer's referral service.   Don't rely on your cousin's divorce lawyer, who will sell you down the river for an out of court settlement.  It may be a good idea to enroll in a form of legal insurance which has various attorneys who specialize in different areas of law.  I've been a member of Pre-Paid Legal  for many years as a cop, and kept the account into retirement.  Not a bad idea if you have to defend yourself and then find yourself in the back of a patrol car. 

[twyacht]

Malicious intent can also be construed in shot placement and training. As a CCW holder, here in coastal NC, my Kel-Tec P3AT in .380 with cor-bon or speer JHP's is the choice for me. Winter can be my Kimber Ultra .45 or M+P .40.

Regardless, if (God forbid), I have to discharge a clip of .380's into a BG to defend my family or myself; that "malicious intent" will be brought up. EVEN if I had a Seecamp .25 or .32. It won't matter. Especially if I have a nice tight group center mass. Myself and others train for that accuracy.

I practice A LOT. My CCW instructor said if you defend yourself with lethal force, there will be an a** crawling investigation anyway.

Whether it was a .380 or S&W .500, Rem 870 with 3" slugs,  the result will be the same; "Were you justified?"

Previous posts regarding talking to the police are true. Its the lawyers that can make or break your "intent".

Hope none have to, but there's more than one on this forum that will.

[Sponsor]

[Majer]

I would hope that MY Lawyer would argue that the only Malicious intent was on the part of the lowlife that chose me to be his victim. If the lowlife hadn't tried to take/hurt what is mine than he wouldn't have been injured/Dead

[Mr.45]

I have heard much on this debate and know that a choice to carry ANY ammo, let alone a spare magazine shows MI to many lawyers and anti-gunners alike. My answer is as follows; I carry 147gr. winchester white box jhp with a spare 8rd magazine of the same. Nowhere on the box does it say "Kill" or "Destroy." It says self defence and that is what it will be used for!

[CurrieS103]

I have heard much on this debate and know that a choice to carry ANY ammo, let alone a spare magazine shows MI to many lawyers and anti-gunners alike. My answer is as follows; I carry 147gr. winchester white box jhp with a spare 8rd magazine of the same. Nowhere on the box does it say "Kill" or "Destroy." It says self defence and that is what it will be used for!

+1..and I carry a Glock 30, 230g JHP with a spare mag.  Here in South Florida, I'd carry my AR or 12GA if I could get away with it.

[2HOW]

Kevin, I think any handgun that steps outside the mainstream would bring attention and may cause a prosecutor to zero in on it. A good rule is to stay with what LEO uses, ammo also. I see no problem in a .44 short revolver, but some may. Anything larger than this like a .44 mag or .445 so on and so on would probably take attention away from why a gun was used to begin with. It sucks to have to be politically correct. "they" are always looking for a way to bring attention to our lifestyle.   TOUJOURS PRET,,  Jan

[DDMac]

2HOW, you have too much!! You should be willing to share with them that don't. Your car, your wallet, your wife... all excess you don't deserve, let alone using FORCE to hog your wealth for yourself. GREEDY Basset!!  SHAME. 

Malicious Intent Mac.