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Suppose I get attacked one evening by a man with a knife trying to rob and kill me. I shoot him.
The police come, and take my gun for evidence. Some say you will be arrested (others say you might depending on the circumstances), but assuming you are not, can you go back to your car and carry your backup gun the rest of the night?

Doug.38PR wrote:Suppose I get attacked one evening by a man with a knife trying to rob and kill me. I shoot him.
The police come, and take my gun for evidence. Some say you will be arrested (others say you might depending on the circumstances), but assuming you are not, can you go back to your car and carry your backup gun the rest of the night?

Yep.

As far as I know, if you have not been arrested and are not under indictment or have a warrant, you can continue to carry.

- Jim

Depends on what you are planning on doing the rest of the night...

(just thinking outside the box)

Me??? I'll be heading back to the house...If I am not having to deal with anymore of the investigation at that time...

At this point the "ride" has just started...

But for all practical purposes, I fall into the "Yep" column...

Easy answer: Yes (agreeing with TXi.)

Harder answer:
As long as the responding police have no reason to drop a dime on DPS to have them suspend or revoke your CHL, you can still carry. The act of self defense in itself wouldn't be enough for this to happen. If you were carrying inside of a bar, and shot someone in self defense there, or any other prohibited place, for instance, that might be another story.

What are the odds of the police just letting you walk away? How certain is a clear cut case of self defense? I was told by one CHL instructor that you "will be arrested" if you ever have to shoot somebody and you will have to go to court. If you are arrested...that would mean that you would have to be charged with something.

Your CHL instructor needs to read the newspaper.
A good SD shoot almost always results in no court time or arrest for the shooter. If it's questionable the DA may take it to the grand jury. If they have questions it may go to a charge and a trial.
If it's clearly justified and the shooter doesn't run his mouth unnecessarily, it does not get to the GJ.

Rex B wrote:Your CHL instructor needs to read the newspaper.
A good SD shoot almost always results in no court time or arrest for the shooter. If it's questionable the DA may take it to the grand jury. If they have questions it may go to a charge and a trial.
If it's clearly justified and the shooter doesn't run his mouth unnecessarily, it does not get to the GJ.

Close

All shootings go to the Grand Jury. However, not all result in an arrest. In fact, of the several Dallas area Self-defense and property defense shootings none have resulted in an arrest that I am aware of.

A good SD shoot .....

You mean the kind where you come out alive?

Just to be clear;

If the police do not arrest you there is nothing for DPS to suspend or revoke over. If the you shot someone inside of a Bar, the police would arrest you, then your license would be suspended for being under charge.

If the police don't charge you, there is no mechanism for DPS to suspend you. Taking a weapon into a bar is not a suspendable offense, it is an arrestable offense, and being arrested, charged or convicted is suspendable/revokeable.

ummm on that ^ note, isn't there language written into the law that protects you from criminal charges if you DO carry your gun into an "forbidden" area if you are doing so to keep a wrong from being committed. I.E. if there is a school shooting and you are sitting outside in your car and run in to help

Doug.38PR wrote:ummm on that ^ note, isn't there language written into the law that protects you from criminal charges if you DO carry your gun into an "forbidden" area if you are doing so to keep a wrong from being committed. I.E. if there is a school shooting and you are sitting outside in your car and run in to help

Yes there is Doug.

Texas Penal Code
§ 9.22. Necessity.

Statute text
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

On top of the necessity defense, I've seen cases where someone was committing UCW prior to a self-defense episode (before 2005) and was not charged.

The cops always have the option not to arrest (except in case of domestic violence) and the DA always has the option not to charge.

- Jim

UCW? Unlawful Carry of Weapon?

Why is pre 2005 significant?

Doug.38PR wrote:What are the odds of the police just letting you walk away? How certain is a clear cut case of self defense? I was told by one CHL instructor that you "will be arrested" if you ever have to shoot somebody and you will have to go to court. If you are arrested...that would mean that you would have to be charged with something.

The old guy who whacked the two burglars in Pasadena hasn't been arrested. At least not yet anyway. And that shooting is regarded by some as "pushing the envelop" of lawful use of deadly force.

An "automatic" arrest after a SD shooting is more the norm in the Northeast than it is around here.