Concealed Hangun Arrest Question

[Neco]

I am currently on the waiting list for a concealed handgun license in the State of Texas.

In taking the required class, I learned that proper procedure for the police if I ever shoot anyone in self defense is to arrest the person and take them into custody anyway.

My question is, what are the arrest procedures for a self defense shooting in the State of Texas?

There is a 0 tolerance policy on alcohol in your system for carrying a concealed handgun meaning any amount of alcohol in your system while carrying is considered a crime.

If I am arrested do they test my blood automatically?

If I have a trace amount of alcohol, marijuana, etc in my system at the time of the shooting and they test my blood, I am sure I will be liable for criminal charges even though it had nothing to do with the situation at hand.

I don't want to give up my personal right to defense for a likely situation such as this.  If anyone with expertise could chime in, I would appreciate it.

[JTCoyoté]

The problem with concealed weapons carry licensing,  is when you affix your signature to the license, you have canceled... and signed away... your second amendment right to keep and bear arms that shall not be infringed. Just by your signature on a government sanctioned infringement.

Food for thought...

--Oldyoti

"The NRA, behind the scenes, has brokered, compromised,
and then endorsed every major anti Second Amendment
federal law passed for the last 30 years..."
C.E. Lovell, NRA Board Member 1980-93

[J. Croft]

Oh yes, they'll test you for everything.  If you fail one test, say you had a sip of alcohol or someone around you was smoking weed and you get a contact buzz, or if they just rig the mental health test for you to fail-and you shoot someone you'll have a hundred times worse battle to regain your freedom.

[Neco]

The problem with concealed weapons carry licensing,  is when you affix your signature to the license, you have canceled... and signed away... your second amendment right to keep and bear arms that shall not be infringed. Just by your signature on a government sanctioned infringement.

Food for thought...

--Oldyoti

"The NRA, behind the scenes, has brokered, compromised,
and then endorsed every major anti Second Amendment
federal law passed for the last 30 years..."
C.E. Lovell, NRA Board Member 1980-93

What do you mean?  I don't understand where you are coming from.

I will gain the right to carry in the public domain and yes, an officer has the "right" to disarm me during a traffic stop or whatever but the officer doesn't have the right to take my weapon away afterward. 

[KoWBoY]

If you commit a crime and there is a firearm involved whether it is drug dealing or speeding it becomes a crime involving a firearm. They will take your firearm and you could face higher charges because you are armed. There is going to be all kinds of argument about legal this and legal that but it will be just as it appears: You broke the law and you were armed while doing it.

[vCFy7W3SFb]

What do you mean?  I don't understand where you are coming from.

I will gain the right to carry in the public domain and yes, an officer has the "right" to disarm me during a traffic stop or whatever but the officer doesn't have the right to take my weapon away afterward. 

You don't need a concealed carry license. Under your second amendment you're entitled to walk down the street with a shotgun in hand. Don't get one, a it's just a permit is for something that is illegal, well it's not illegal in the first place so you're screwing yourself by signing your rights over to the state.

[Mr.C]

i live in texas and i find the current laws very sufficient for most places i would need a gun without a permit...i would not get a ccl

we have the castle law and can carry concieled in the vehicle without the permit which for me seems to be the most likely places i would need em

just a thought

[KoWBoY]

Open carry is legal. However there is the question of Game and Wildlife laws in your area and how they are enforced in regard to loaded weapons in vehicles and on your person.

[Mr.C]

if your refering to texas koyboy open carry of a handgun is not legal i just read the law yesterday  there are petitions and attempts to get it changed tho

and not refering to koyboys post the handgun in the vehicle must be conceilled...doesnt matter if its loaded or not

[Mr.C]

lol oop didnt mean to mispell ur name..sorry

[KoWBoY]

No prob on the spelling. I was not being specific just saying that there are some states (WV for instance) that do have the legal open carry but use the Game and Wildlife laws to make it illegal in certain situations. Like you said with the concealed handgun in a vehicle. Here it has to be in open view or in a case if it is in the vehicle and it is illegal for it to be loaded because of the Game laws. There is like this loop that goes round and round so that there is no defined legal or illegal way to carry.

[Mr.C]

ohh absolutely NM is open carry...those guys got it right

fact is imo open carry shouldnt even be a question as our rights should not be infringed

[KoWBoY]

I agree it should be our right to choose how and when we armed. I carry my handgun in plain open sight and have not had any problems.

[epinlasvegas]

NEVER NEVER NEVER speak to police after lethal confrontation (or ever) Get lawyer.Its that simple.I do know what i am speaking of.I know all the smokers will get pissed but don't drink and don't smoke while carrying.I know weed stays in system but weed is a complete and total trap to bust people.So whether you think weed is great or not it is a TRAP!.Until it's legalized you put yourself in jeopardy.which is not worth it in my opinion.

[a ReVoLuTIONarY ideA]

If you ever shoot or kill someone in self defense just walk away.  The police will NEVER catch you.  Even if there are witnesses they still won't.  In my local county of about 250,000 people there are 100's if not 1000's of unsolved murders every year.  The police have no where near the capabilities you see on CSI and those other fake cop shows.  And to keep your conscious clear just remember that you did it in self defense.  If you get away NEVER NEVER NEVER EVER turn yourself in.  That is the dumbest thing you could ever do.  If you feel the need to turn yourself in , however, you definitely go to a lawyer first.

[Bad Slave]

i live in texas and i find the current laws very sufficient for most places i would need a gun without a permit...i would not get a ccl

we have the castle law and can carry concieled in the vehicle without the permit which for me seems to be the most likely places i would need em

just a thought

Pennsylvania is open carry as well, but you need a license to carry it in a vehicle unless it is unloaded and stowed away.  Another thing about Pennsylvania (and this may be the case in Texas), during a declared emergency you must have a concealed weapons permit to carry a gun on the street, whether open or concealed.  That is something to seriously consider because you will want to be armed during an emergency, especially if you have to leave your home.  Not having a permit would allow the jackboots to pop you for sure if you are caught.

With regard to the original post, that sucks that Texas is zero tolerance.  In most states the level is impairment similar to driving.  Personally, if I intend to drink more than a few beers, I give my gun to my wife (a good reason, if any, to insist that your wife get a permit) or lock it in the car.  I had it drilled into me as a kid learning hunter safety---never hunt if you have been drinking and, better yet, don't handle a firearm.

But to address your question, in the past it was my understanding that one should refuse a breathalyzer and insist on a blood test. (Only do this if you are certain you will fail the breathalyzer because it could trigger automatic penalties.).  It is my understanding that blood can only be drawn by a nurse or a physician.  By the time they haul your ass downtown and find a nurse to draw blood, hours could have elapsed, possibly lowering you blood alcohol level to within legal limits.  It sounds like you might be screwed in Texas if the cops are allowed to draw blood, unless that is only in the county that Austin is in.  Cops should not be allowed to draw blood for a number of reasons.