Can class 3 be a legal labiality?

[1911austin]

Hi Mas,

I’ve been reading your work for many years and highly respect your opinion. My question is do you believe that simply owning class 3 items could harm you in court if you are ever involved in a self defense shooting? I own several SBRs and cans. Could an overly aggressive prosecutor use this against me even if the class 3 stuff was not involved in the actual self defense situation?

[Mas Ayoob]

An overzealous prosecutor -- or simply one not educated in the gun culture, acting in good faith -- might certainly do so. The general public still does not know that Class III is legal in most parts of the country. I would certainly be prepared to be treated as a "Rambo militia gun nut" by opposing counsel in that situation.

That's the card in the other side's hand.

Remember, however, the very powerful card in YOUR hand. Your defense attorney would want to establish that after a long investigation of you, the Federal government determined that you were such a squeaky clean good guy it authorized you to have "machine guns, sawed off rifles, and silencers." Hard to find a better "card-carrying good guy" card.

In the end, probably a wash.

best,
Mas