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The_Dunedan · 03-03-2010, 05:53 PM

Identify your friend's rifle. LEO's (cops) are frequently quite ignorant on the subject of firearms. Many LEOs will happily tell you that "this round is 7.62mm, means it came from a full-auto AK-47." Nevermind the fact that 7.62mm just means that the bullet/projectile was 7.62mm/.30in in diameter. A 7.62mm bullet could come from any rifle or handgun chambered for any of the following:

7.62x25mm (pistol round chambered for the TT-33 Tokarev, CZ-52, and assorted submachineguns. Chamber inserts for 7.62x51 and 7.62x54R exist)
7.62x39mm (AK, SKS, Remington 798)
.308/7.62x51mm NATO (too many rifles to list)
7.62x54R (Mosin-Nagant M91/30, Tokarev SVT-40, Romanian PSL/SSG sniper, etc)
.30-06/7.62x63mm US (too many rifles to list)
.300 Winchester Magnum (likewise)
.300 Weatherby Magnum (Weatherby Vanguard, Weatherby MkV, Ruger 77 or Mk I, etc)
.308 Lazzeroni Warbird/Firebird (rare, but possible)...

...Any of which is chambered in various bolt-action and semi-auto rifles, with at least 5 of the above being available in full-auto weapons other than the AK-47.

You get the picture. If the specific bullet fired into the victim cannot be matched at least by calibre and bullet weight, any decent defense atty. should be able to make headway with this, especially if the weight of the bullet does not correspond to the weight of the bullets typically fired from the Defendant's rifle. For instance, a .300 Win-Mag usually uses projectiles in the 175-220gr weight range. Therefore if the bullet recovered comes to, say, the typical 123-grain weight of the 7.62x39, it means that the victim was -probably not- shot with a .300 Win-Mag. If the Defendant's rifle is a .300WM, this means that he -probably- didn't shoot the victim, at least not with -that- rifle.

However, it should be mentioned that hunting accidents frequently -are- prosecuted as Manslaughter in the Second Degree, due to the fact that it is -EVERY- Hunter's responsibility to properly and conclusively identify his/her target, to be sure of what is -behind- that target (since centerfire rifle bullets almost always fully penetrate the target animal), and to -ONLY- take safe shots. The killing of another hunter is frequently and rightly viewed as the result of criminal negligence (ie inconsideration or indifference to the potentially deadly consequences of one's actions), and is a serious problem in many States. In NC we usually have 4-6 hunters killed that way every Deer season, and if The Law doesn't catch up the victim's family usually does. It should also be noted that, due to the popularity of a "hunting accident" being the cause of death for many, many deeply unpopular people, the Defendant should probably be glad he isn't being prosecuted for Murder. In fact, the only things that would prevent such a charge from being levied at least initially would be if the Victim and Defendant had -zero- "history" together or prior contact. In my area, at least, "hunting accident" is frequently shorthand for "competently-executed vendetta."

That said, if this truly was an accident with no way to prevent it, the Defendant will probably be acquitted. If however, he was found to be negligent in his handling of his rifle, the setup or execution of his firing-lane and shooting itself, or if he was found to have concealed info from the Police/Game Warden...he's fucked.

03-03-2010, 05:53 PM	#6 (permalink)
The_Dunedan Junkie	Identify your friend's rifle. LEO's (cops) are frequently quite ignorant on the subject of firearms. Many LEOs will happily tell you that "this round is 7.62mm, means it came from a full-auto AK-47." Nevermind the fact that 7.62mm just means that the bullet/projectile was 7.62mm/.30in in diameter. A 7.62mm bullet could come from any rifle or handgun chambered for any of the following: 7.62x25mm (pistol round chambered for the TT-33 Tokarev, CZ-52, and assorted submachineguns. Chamber inserts for 7.62x51 and 7.62x54R exist) 7.62x39mm (AK, SKS, Remington 798) .308/7.62x51mm NATO (too many rifles to list) 7.62x54R (Mosin-Nagant M91/30, Tokarev SVT-40, Romanian PSL/SSG sniper, etc) .30-06/7.62x63mm US (too many rifles to list) .300 Winchester Magnum (likewise) .300 Weatherby Magnum (Weatherby Vanguard, Weatherby MkV, Ruger 77 or Mk I, etc) .308 Lazzeroni Warbird/Firebird (rare, but possible)... ...Any of which is chambered in various bolt-action and semi-auto rifles, with at least 5 of the above being available in full-auto weapons other than the AK-47. You get the picture. If the specific bullet fired into the victim cannot be matched at least by calibre and bullet weight, any decent defense atty. should be able to make headway with this, especially if the weight of the bullet does not correspond to the weight of the bullets typically fired from the Defendant's rifle. For instance, a .300 Win-Mag usually uses projectiles in the 175-220gr weight range. Therefore if the bullet recovered comes to, say, the typical 123-grain weight of the 7.62x39, it means that the victim was -probably not- shot with a .300 Win-Mag. If the Defendant's rifle is a .300WM, this means that he -probably- didn't shoot the victim, at least not with -that- rifle. However, it should be mentioned that hunting accidents frequently -are- prosecuted as Manslaughter in the Second Degree, due to the fact that it is -EVERY- Hunter's responsibility to properly and conclusively identify his/her target, to be sure of what is -behind- that target (since centerfire rifle bullets almost always fully penetrate the target animal), and to -ONLY- take safe shots. The killing of another hunter is frequently and rightly viewed as the result of criminal negligence (ie inconsideration or indifference to the potentially deadly consequences of one's actions), and is a serious problem in many States. In NC we usually have 4-6 hunters killed that way every Deer season, and if The Law doesn't catch up the victim's family usually does. It should also be noted that, due to the popularity of a "hunting accident" being the cause of death for many, many deeply unpopular people, the Defendant should probably be glad he isn't being prosecuted for Murder. In fact, the only things that would prevent such a charge from being levied at least initially would be if the Victim and Defendant had -zero- "history" together or prior contact. In my area, at least, "hunting accident" is frequently shorthand for "competently-executed vendetta." That said, if this truly was an accident with no way to prevent it, the Defendant will probably be acquitted. If however, he was found to be negligent in his handling of his rifle, the setup or execution of his firing-lane and shooting itself, or if he was found to have concealed info from the Police/Game Warden...he's fucked. Last edited by The_Dunedan; 03-03-2010 at 06:45 PM..