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  1. #1
    L Miller is offline Junior Member L Miller is on a distinguished road
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    concealed carry situation question

    I gather from the search engine that a blanket "tell me all about concealed carry rules" is fairly silly, so I'll try to be specific.

    Scenario for a piece of fiction, and I want to get the details right. A woman with no criminal record and a carry permit who lives in Dallas, Texas. She is attacked by an unknown man outside her home and shoots him through the torso; he runs away. She calls the police. All the physical evidence (gun with one shot fired, blood on the grass, her being injured in the attack) fits her story. Based on the amount of blood, her attacker was pretty badly hurt.
    1. Would she be arrested? What charge? What further evidence could tip the balance over to not arresting her? Attacker is probably not going to say "I intend to drag you into the bushes and rape you" and even if he did, the police would only have her word he had said it. If her injuries are pretty bad, would that be in her favor? How much?
    2. How would the investigation proceed after that? Either investigation of the original attack on her or of the shooting that followed.
    3. Given that her story is true, what should she do to minimize the chances of being arrested or to make bail as soon as possible? What would probably be the effects on the rest of her life (e.g. job) if she is arrested?
    4. If the attacker left fingerprints, and he had a prior criminal record (other jurisdiction, not recent) how long would it take to find this out?
    5. Would the attacker's blood be tested for anything in a routine case, and if so what would it tell them?
    6. She has a boyfriend, who was not present at the attack. Would any time be spent on the theory that he attacked her? (He is not shot or injured.)
    7. She has not had reason before this to think she was in particular danger (e.g. domestic violence, taking out a restraining order against someone). She just had a carry permit on general principles and got unlucky enough to need it. Will this affect the case? If she has had a carry permit for several years without incident, will this be in her favor?
    8. I assume that the police in the story are doing their jobs properly. I just worry that from the authorial standpoint, this would lead to the 'wrong' person being arrested since it's easier to prove that she shot than that she shot in self-defense.

  2. #2
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    Samuel is online now Troll Stompr/Comic Relief Samuel has disabled reputation
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    Quote Originally Posted by L Miller View Post
    I gather from the search engine that a blanket "tell me all about concealed carry rules" is fairly silly, so I'll try to be specific.

    Scenario for a piece of fiction, and I want to get the details right. A woman with no criminal record and a carry permit who lives in Dallas, Texas. She is attacked by an unknown man outside her home and shoots him through the torso; he runs away. She calls the police. All the physical evidence (gun with one shot fired, blood on the grass, her being injured in the attack) fits her story. Based on the amount of blood, her attacker was pretty badly hurt.

    1. Would she be arrested? PROBABLY not. What charge? IF arrested, possibly assault with a deadly weapon, attempt murder, etc. What further evidence could tip the balance over to not arresting her? Witness(es), video, etc. Attacker is probably not going to say "I intend to drag you into the bushes and rape you" and even if he did, the police would only have her word he had said it. If her injuries are pretty bad, would that be in her favor? How much? Depends on the types of injuries and how well they match her explanation of what happened and the justification for deadly force.

    2. How would the investigation proceed after that? Like any other more serious criminal investigation but given more priority. Either investigation of the original attack on her or of the shooting that followed.

    3. Given that her story is true, what should she do to minimize the chances of being arrested or to make bail as soon as possible? AFTER THE FACT, not much she can do expect clearly explain what happened, what she did, and why. PRIOR TO THE FACT, a few things she can do. What would probably be the effects on the rest of her life (e.g. job) if she is arrested? Arrested does not = Convicted/Sentenced.

    4. If the attacker left fingerprints, and he had a prior criminal record (other jurisdiction, not recent) how long would it take to find this out? Pretty quick, given the seriousness of the incident.

    5. Would the attacker's blood be tested for anything in a routine case, and if so what would it tell them? An attack/shooting is Not a "routine case". DNA.

    6. She has a boyfriend, who was not present at the attack. Would any time be spent on the theory that he attacked her? (He is not shot or injured.) If the attacker WAS shot/injured and the B/F was NOT shot or injured - you do the math.

    7. She has not had reason before this to think she was in particular danger (e.g. domestic violence, taking out a restraining order against someone). She just had a carry permit on general principles and got unlucky enough to need it. Will this affect the case? Not IMO. If she has had a carry permit for several years without incident, will this be in her favor? Irrelevant IMO.

    8. I assume that the police in the story are doing their jobs properly. I just worry that from the authorial standpoint, this would lead to the 'wrong' person being arrested since it's easier to prove that she shot than that she shot in self-defense.
    It's fiction, you can have whatever you want to happen in the story, happen...

  3. #3
    L Miller is offline Junior Member L Miller is on a distinguished road
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    Thanks for taking the time, this is helpful.
    Speaking as a total civilian, what would be normal for this kind of investigation? My guess from reading mysteries is they'd knock on nearby doors for witnesses, check if nearby businesses might have video from security cameras, follow any physical evidence (like blood). I also thought they'd check her house for signs of a break in since the attack was right outside.
    I also expected they'd keep an eye on hospitals since this guy is badly hurt. I know doctors have to report gunshot wounds anyway (well, 'know' = "hear on tv and it also makes sense.")
    How quick is quick to get back a match on the guy's fingerprints? Eight hours, two days, one week? Would she be called and informed, as the victim? Or would they tell her what they'd found if she called them?
    I heard someone say once, of an urban fantasy book, that he was fine with the vampires and werewolves part but that the author made a real-world mistake (also about a carry permit) that made the book seem silly to him. I'm trying not to make that kind of mistake.

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