Will My Firearm Caliber Be Used Against Me?


As a gun owner concerned about what may happen after using your firearm in self-defense, you might wonder if your chosen caliber could have an impact on your self-defense criminal case. In this week’s “Ask a Self-Defense Attorney” video, Attorney Tom Grieve will address the question he has been asked frequently as a former prosecutor turned criminal defense attorney.

Will My Firearm Caliber Be Used Against Me After a Self-Defense Incident?

Short answer? Yes. Your firearm caliber may be used against you in court after a self-defense incident. This will depend a lot on prosecutorial discretion. Generally speaking though, you should stick with the “mainstream.” Prosecutors tend to make a big deal of anything out of the ordinary … and they are making a big deal out of it to a jury. The people on the jury may not really understand firearms, but if the prosecutor is making a big deal out of something, they’ll assume it is a big deal.

When it really comes down to it, stay safe, learn the laws, follow the laws and make sure whichever caliber you do choose is effective. But it may not be the worst idea to consider a mainstream caliber choice. It could be one less issue to deal with when you get to court. However, it is impossible to predict what the future will hold when it comes to a self-defense case.

Another good idea may be to reach out to your local sheriff or police department to learn about its standard operating procedures when it comes to what calibers its officers carry.

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About Attorney Tom Grieve, Grieve Law

Tom Grieve is a highly awarded former state prosecutor. He started Grieve Law, LLC, now one of the most successful criminal defense law firms in Wisconsin. He is a respected top criminal defense lawyer in the state and has a deep knowledge of Wisconsin firearms law. Tom has gone above and beyond and also received his certification as a firearms instructor. He participates as a regular speaker and panelist with the USCCA for live broadcasts, training videos and national expos, and even serves as a speaker and analyst on numerous radio and TV stations and on both college and law school campuses.

The information contained on this website is provided as a service to USCCA, Inc. Members and the concealed carry community and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and, as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.

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