Discharging weapon question?

This is a discussion on Discharging weapon question? within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Hypothetically if one of us had to use our handguns in self defense what would be the consequences of having any drugs in our system? ...

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  1. #1
    Distinguished Member Array Burns's Avatar
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    Discharging weapon question?

    Hypothetically if one of us had to use our handguns in self defense what would be the consequences of having any drugs in our system? From what I'm told I know that the police take a blood test if there is ever a discharge of a firearm. If you were to have anything in your system would it get you into trouble or would it totally ruin your case of self defense? The only thing I do is drink, and when I drink I lock my handguns in the safe. I quit smoking weed a few months ago specifically because I wanted to be a "responsible" CC holder and wanted to get into a security job, I do not plan on ever smoking again (I even quit smoking cigarettes for my health :) ). I've always been curious to the answer to this and figured I'd finally ask.
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    VIP Member Array mlr1m's Avatar
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    I was not aware of any standard practice of drug testing private citizens after a shooting.

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    VIP Member Array Crowman's Avatar
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    I imagine they would need probable cause to do a drug/alcohol/blood test same as with a traffic stop.
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    Distinguished Member Array Burns's Avatar
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    That's weird I was told by a deputy that it was needed after any shooting. Can anyone else verify this?
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    VIP Member Array Crowman's Avatar
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    You really need to ask the DA in your county or an attorney that question. In many instances law enforcement answer are not what the law is.
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

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    Distinguished Member Array Burns's Avatar
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    Quote Originally Posted by Crowman View Post
    You really need to ask the DA in your county or an attorney that question. In many instances law enforcement answer are not what the law is.
    The last time I contacted my DA with a simple question I was told by him that "he can not provide any legal advice" LOL.......
    Those who make peaceful revolution impossible will make violent revolution inevitable- JFK

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    Senior Member Array acepilot's Avatar
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    Quote Originally Posted by Burns View Post
    The last time I contacted my DA with a simple question I was told by him that "he can not provide any legal advice" LOL.......
    You can contact Attorney General Van Hollen's office in Madison and ask.

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    Member Array lordofwyr's Avatar
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    If there is any question on the legality of the shooting (and maybe even if it is clear cut if it will be a political hot potato case), police departments in very Anti-Gun areas may (or will) try to get a warrant for blood samples from you, and or try to bully you into it. They may also try the "Free flowing blood" or "Abandoned bodily fluids" tactic if you are injured and bleeding, even getting it from the ambulance or hospital.

    They will do this in the "effort to get a complete picture of what happened." What they are really looking for is any impairment in judgement so they can file a charge against the shooter, and believe me, if you took cough medicine that day, it will be in your system and a lawyer can say that your judgement making abilities were "impaired."

    In reality their agenda is, in my opinion, anti gun/anti personal self defense.

    As a cop, I have already been told by my department that if I am involved in any shooting (on or off duty) I will be taken to a hospital and blood demanded as a condition of employment. In that case, I will invoke my Garrity v New Jersey / Spevack v Klein rights as a protection against self incrimination, even though I have nothing to hide. I abhor the practice of treating a person as guilty before proven innocent.
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    VIP Member Array Badey's Avatar
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    Quote Originally Posted by Burns View Post
    That's weird I was told by a deputy that it was needed after any shooting. Can anyone else verify this?
    Self-defense pistol trainers, like Massad Ayoob, recommend volunteering for a blood screening after a self-defense shooting, so the prosecutor (if it goes to trial) can't claim that you were under the influence of anything; if he claims it and you didn't get the test, you can't defend yourself against the claim.
    Though defensive violence will always be a sad necessity in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men -St. Augustine

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    VIP Member Array paaiyan's Avatar
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    I think it's probably entirely dependent on the jurisdiction and the circumstances of the shooting. It's probably not a cut-and-dry situation.

    And good on you for quitting smoking. Hang in there!
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    Senior Member Array DMan's Avatar
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    If your clear and know you do not have any drugs in your system, it is wise to REQUEST that blood be drawn for a drug screen. This will clear you of accusations latter that may come up after the SD shooting. If a person that defended themselves is accused of being under the influence or impaired, the accusations may come up way too late to have clinical evidence of proof that they were not impaired.

    Since I don’t drink, smoke or do drugs – I am unable to address the issue of what my feelings would be if you did have a little bit of alcohol in the system but still under the legal limit.
    "Gun Free Zones" is where only criminals carry guns.

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    Quote Originally Posted by Badey View Post
    Self-defense pistol trainers, like Massad Ayoob, recommend volunteering for a blood screening after a self-defense shooting, so the prosecutor (if it goes to trial) can't claim that you were under the influence of anything; if he claims it and you didn't get the test, you can't defend yourself against the claim.
    That bit of advice is based on some assumptions which may or may not be accurate. Ayoob is NOT a criminal defense attorney. I want to talk to a real lawyer before I request or volunteer anything, period.
    Last edited by Mike1956; April 30th, 2012 at 10:28 AM.
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    Ex Member Array barstoolguru's Avatar
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    It is not mandatory to test for anything. When you drive a car you sign your DL and basically give up your rights to refuse testing but when you sign your CCW permit all you are doing is saying that you understand the laws and are agreeing to be held to them.

    a court order is required for any DNA/blood sample of any kind UNLESS you tell them it OK. In most states it says you can't be intoxicated while carrying a gun but it doesn't say zero tolerance.

    And no the DA won’t/can’t give out legal advice; that is practicing law and you are not a client

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    Member Array TxRhino's Avatar
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    I believe police officers have to give blood when they shoot someone, but I don't know if the same applies to civilians.

    By carrying and/or using a weapon to defend yourself things can turn very badly against you if you are breaking the law when you are doing either. The smartest thing is to stop doing illegal drugs like you did. I believe it's a little different if you defend yourself at home, but your still asking for trouble if your into drugs

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    Anytime anything is volunteered to the police during the course of an investigation, it can be later twisted and turned in any way convenient. He whose name shall not be mentioned, for example, spoke long and freely to the local constabulary without benefit of counsel. Now, everything he did, did not or may have said during those conversations is being used to demonize him by all interested parties. If ever involved in a shooting as a private citizen, anything beyond "I was in fear for my life, and I defended myself with my firearm, and need to speak to my lawyer before answering any questions" becomes the rope with which one will be hung.
    Spirit51 likes this.
    "When you have to shoot, shoot, don't talk."
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