I tend to disagree that it can be easily refuted at all.If you have a long history of training and shooting in competition with exactly the same kind of guns you carry, then you (or rather your lawyer) can easily refute such attacks. You're using what you've been trained to use.
Questions will be asked, you could lie in court, but that is also a crime.If your gun looks stock and, or not like a race gun, is this something that will be discovered? I mean, assuming you haven't went to an extremely light pull for your carry gun.
There are probably not a lot of Les Bear or Wilson Combat custom carry pistols with light triggers but those same guns will have smooth triggers. Those are still 'stock' triggers.Another question then also begs to be answered. What if you've laid down mucho denero for a gun with a guys name on it? Wouldn't it be expected to have a very good trigger, including being lighter, than those sold for a quarter of the price?
As for the concept of using what you train with that sounds good outside of court.
Saying that is like saying that guns kill people. Guns don't kill people, and cars don't drive un-assisted. You must be held accountable for your actions, regardless of how you got there. A 95 horsepower 1992 1.8 litre Mitsubushi Eclipse is just as capable of running over a stroller as a NASCAR. Just because you have 500 horsepower doesn't mean you drive like you have 500 horsepower, and just because you have 95 horsepower doesn't mean you don't drive like you have 500 horsepower.As for the concept of using what you train with that sounds good outside of court. But please let me submit that you are a NASCAR driver and you are used to driving ultra high performance vehicles, so when you are caught racing on main street in town and you run over a baby stroller that high performance vehicle will be the culprit, it is too highly tuned, too powerful, to high strung to be used in the real world. It may be great on a race track where there are no cross streets, no pedestrians and no old geezers driving slow in the left lane, but its not appropriate for the real world.
I was thinking of this earlier too.So, does replacing your stock sights with let's say night sights constitute as 'modified'.
In a perfect world, yes. In today's world, probably not. If you shot someone in your house with a wood stocked shotgun as opposed to a pistol gripped 'tactical' shotgun, the wood stocked shotgun wouldn't look as 'bad' as the tactical "I'm going to go crazy and kill people" shotgun.Don't know about you, but wouldn't the jury be more worried about what happened when you defended yourself, than what you defended yourself with? I mean really? They want to know what happened when the situation occurred, so they can dish out a just sentence, they really don,t need to know what kind of gun you used other than you used a gun, other than that it's weather you used force appropriately or not, given your situation.
But, you also have to remember that the attorney's are going to pick the juror(s) that they feel will best benefit them and their case. So, if in jury selection they feel that a juror or jurors suits their needs to get the verdict in their favor, they will pick them.I really don't think the jury would be so single minded to stay on the topic of what gun you used, if they did that then none of these cases would be resolved.