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do you know?

righttobarearms

Regular Member
Joined
Oct 25, 2011
Messages
30
Location
florence ky
So a few days ago me and a couple of my friends were talking about guns and reasons to use one than one of my friends said if your getting attacked in anyway and you dont have your gun cocked back and ready to go when you pull it you could be going to jail.he said something along the lines of you had time to think to pull the trigger.

is this true?
do you have to have a round in the chamber to use your weapon?

thank you all for your help on this and my other posts haven't had to much time to right back on them.
i would ask the cop that goes to my school and lives down the street from me but he doesnt even know the laws about them.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
I'm not altogether sure as to what you are asking; but I will say that if you are going to carry a handgun it needs to be loaded, and if it is a semiautomatic pistol it needs to have a round in the chamber.

If the pistol is not loaded with a round in the chamber, you could wind up in the morgue if you are ever attacked and need the weapon to defend yourself with.
 

righttobarearms

Regular Member
Joined
Oct 25, 2011
Messages
30
Location
florence ky
repharse

what im asking is my friend told me
if im getting attacked and have to draw my weapon and if it is not cocked back ( not saying there isnt rounds in the mag) i have to pull my gun out cock it than fire that i could be the one going to jail b/c id have time to think about what to do.
sounded kinda like bs to me but i want to double check.
so too make things clear.
if im being attacked in anyway, if my gun is not cocked back with a round already in the chamber. and i pull it out cock it than fie could i be the one who get sent to jail?
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
what im asking is my friend told me
if im getting attacked and have to draw my weapon and if it is not cocked back ( not saying there isnt rounds in the mag) i have to pull my gun out cock it than fire that i could be the one going to jail b/c id have time to think about what to do.
sounded kinda like bs to me but i want to double check.
so too make things clear.
if im being attacked in anyway, if my gun is not cocked back with a round already in the chamber. and i pull it out cock it than fie could i be the one who get sent to jail?

You have every right to rack the slide to chamber a round, flip the safety off, take your time in aiming, run you gun empty, reload and do it all over again if it is all needed to STOP the threat, as long as you are threatened the whole time.

BUT, will you have time for all this before the threat puts you in a body bag?

Notice though, most single action only automatics are designed to be carried COCKED AND LOCKED with a round in the chamber, the hammer cocked, and the safety on. And I figure if you are taking time to use single action then you are using a single action only, if not don't worry about pulling the hammer back, it'll go back fast enough with that trigger squeeze.

Edit: Just because you have time to think about the situation and what to do next don't mean you have time to escape or defuse the situation.
 
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langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
I should hope that one thinks before they shoot. I would argue the opposite, if you don't think before you shoot, then you risk going to jail. That being said, there are many tactical advantages by carrying "cocked and locked".

EDIT: In addition: Where did your friend hear this? This is why we cannot accept what we hear second nature as good sound legal advice. Look at the law, look at judicial precedent, ask a lawyer. Obtaining legal advice from friends and cops cannot end well.
 
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09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
I should hope that one thinks before they shoot. I would argue the opposite, if you don't think before you shoot, then you risk going to jail. That being said, there are many tactical advantages by carrying "cocked and locked".

EDIT: In addition: Where did your friend hear this? This is why we cannot accept what we hear second nature as good sound legal advice. Look at the law, look at judicial precedent, ask a lawyer. Obtaining legal advice from friends and cops cannot end well.

By this, I assume, Langzaiguy means "Ask a lawyer knowledgeable in cases and laws dealing with firearms", lawyers talk about things they don't know too.

And yea, cocked and locked for a gun designed to be carried that way is perfectly safe to be carried that way. But I prefer DA/SA, that way I have a long, heavy trigger pull for my safety.
 

flb_78

Regular Member
Joined
Jun 21, 2010
Messages
544
Location
Gravel Switch, KY
If you're carrying a modern firearm for self defense, you had better have one in the chamber waiting, otherwise you're just carrying a chunk of steel to throw at someone.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
You'd be surprised that amazing crap you hear from people. I was at a shooting range and a guy told me if I use silhouette shooting targets then shoot someone in SD you could be charged with premeditated murder. He said his friend who is a chief of police told him that. This guy was an idiot though. Told me to OC in Michigan I had to have a CPL and that there is no way to transport a handgun in Michigan without one. Ugh idiots!
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
I'm pretty certain your friend was speaking of a da/sa revolver, as in cocking the hammer and firing in single action rather than firing the gun double action. I believe massad ayoob recently done an article on this, basically if you cock the hammer, the prosecuting att. Can argue it was premeditated, or you are some vicious person bent on killing BC you made your weapon more dangerous by cocking hammer. There have actually been murder convictions on good people simply for this reason. This is why many police agencies went to DAO revolvers, then DAO pistols when departments started switching, that way some attorney couldn't argue they were malicious for cocking their firearm. This is why the "professionals" tend to say buy or make your revolver DAO, and to not fire a DA/SA pistol in SA mode for your first shot. In the majority of Ky you don't even have to worry about this, only in the bigger cities could I see you firing SA actually being a problem.
 
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RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
If you are involved in a shooting:
(1)Who is going to know if you cocked the weapon before you pulled the trigger, unless it is SAO in which case it can't be fired unless cocked?
THIS IS A GOOD POINTTTTTTTT
Gerard-Butler-This-Is-Sparta.jpg
 

flb_78

Regular Member
Joined
Jun 21, 2010
Messages
544
Location
Gravel Switch, KY
It doesn't matter if you rack the slide, cock the hammer or dance a jig before the shoot.

If deadly force is justified by the law, it wouldn't matter if you stabbed the perp to death with a spork from KFC or blew him up with a legally registered grenade.

Deadly force is deadly force.

Some fella at work said I could only carry in my car if the gun was "3 movements away" and that in Kentucky, it's legal to shoot your wife and her boyfriend if you catch them in the act because "It's a crime of passion".

The law is the law. It's in writing and easily accessible online.
 

CharleyCherokee

Regular Member
Joined
Mar 27, 2011
Messages
293
Location
WesternKy
If deadly force is justified by the law, it wouldn't matter if you stabbed the perp to death with a spork from KFC or blew him up with a legally registered grenade.

This made me laugh, because it reminded me of a comic I used to read called Johnny the Homicidal Maniac.
 

SovereignAxe

Regular Member
Joined
Jul 29, 2011
Messages
791
Location
Elizabethton, TN
I'm not trying to insult you, but your grammar and spelling is lacking, and I think that is why people misunderstood your question. I didn't really understand it myself.

Also, unless you're making a statement about showing off your weapon(s), you misspelled your username. Bare = to show off. Bear = to hold onto/to carry.
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
@Sovereign: Who are you to oppress the short-sleeved? Are you implying that someone does not have the right to bare their own arms? I'll wear a freak'n tank top if I want to....
 

SovereignAxe

Regular Member
Joined
Jul 29, 2011
Messages
791
Location
Elizabethton, TN
@Sovereign: Who are you to oppress the short-sleeved? Are you implying that someone does not have the right to bare their own arms? I'll wear a freak'n tank top if I want to....

lol hey, bare all you want. I just want to make sure this guy is sending the message that he wants to send.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
It doesn't matter if you rack the slide, cock the hammer or dance a jig before the shoot.

If deadly force is justified by the law, it wouldn't matter if you stabbed the perp to death with a spork from KFC or blew him up with a legally registered grenade.

Deadly force is deadly force.

Some fella at work said I could only carry in my car if the gun was "3 movements away" and that in Kentucky, it's legal to shoot your wife and her boyfriend if you catch them in the act because "It's a crime of passion".

The law is the law. It's in writing and easily accessible online.

Does anyone know where that "3 movements away" came from??? My brother-in-law told me the same thing.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky

Yes, it comes from ignorance of the law, arrogance to think that you know details of a subject that you know nothing about, laziness that prevents you from looking up the real information, timidity that tells you it is too much trouble to ask where a person got his asinine information, computers that allow people to rely on others on the internet for their education, and general stupidity that lets people believe anything some half wit tells them without asking for proof and then spreading it to others as fact. It can also come from getting legal advice from a brother-in-law. My brother-in-law is full of useless misinformation. The difference is I ignore him.


Difference?

I asked where it came from, thinking so many people couldn't have come up with this myth by themselves, so it MUST have a single source. I never once said I believed it, I knew the laws before he was ever my brother-in-law. Timidity? I asked for a source, all he could say was it was "law". And I never once told ANYONE that it was fact.

Everything comes from somewhere, even lies with no base in truth.

Gutshot, You are full of knowledge. We all can tell this. So when we ask a question we can take your answers as fact or fallow your sources to formulate our own opinion of the laws. But just because we ask for the origin, don't mean that we believe where it came to us at.
 
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