so you don't think you could fend off a home invader on your first 10 shots? You need to hit the gun range
Ok when was the last time you were put in a high stress situation and needed defend your life or the life of another?
As a general rule, when a LEO is involved in a shooting they hit their target approximately 18% of the time. So take that for what its worth, but in a rapidly evolving situation with extremely high stress and most likely low light. Id bet you'll need more than 10. Everyone on this board will need more than 10, most likely.
I knew I shouldn't have read this thread!
As for Smith, he's a dumbass. Ignorance of a law isn't an reasonable defense. Get a license and carry the gun legally. I personally think its a stupid law to have to have a permit to exercise a constitutional right. However, I have had to get a permit for 2 states. (Side Note: even if you live in a state that doesn't require a permit, or have a right to inform, please inform whatever LEO you are dealing with you are armed. We appreciate it and at least with me, it makes the whole situation go smoother. No you don't have to, its your right, blah blah blah. But I do appreciate it, usually enough to over look that speeding ticket)
Anyway, Felony charge seems stiff, Misdemeanor seems more appropriate. The capacity of the magazines shouldn't come into play, 10,20,30,500 who cares, that shouldn't make a difference. HOWEVER, the act of moving the firearm as the officer approached, indicates he most likely knew he was in the wrong. I have arrested several kids that would carry a gun before having a license, after they applied for but had received it. Smith knew, and made a dumb decision. Smack him on his wrist, make him pay a fine or do some sort of community service. It seems he would be in a position to really make a positive impact with community service. Then move on and stop being a dumbass.