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SELF DEFENSE, WEAPONS, AND ALCOHOL

Discussion in 'Shooting Related Threads' started by gdbabin, Apr 11, 2011.

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  1. gdbabin

    gdbabin TS Member

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    The thread currently running about the gun show a-hole who discharged a firearm with a .05 BAC reminded me of a thought I had this past Saturday while I was attending the Utah concealed carry course at my gun club.


    Scenario:


    Sunday summer afternoon. Friends and family over for steamed crabs, cold beer, stories and laughs all while your trusty personal defense weapon is safely locked in its bed side quick acting safe.



    Later that night with the kids tucked in you fall asleep in your bed next to your wife, full belly and not without a glow. Suddenly you're awakened by the sound of broken glass from the general direction of the back door with your trusty dog barking excitedly.


    By the letter of the law and common sense you are screwed. By the letter of survival--I'm not so sure. To live with a fatal judgment mistake due to the influence of anything is unthinkable.


    I'd be interested to hear the thoughts of knowledgeable others. Mr. Bob Dodd, et. al.


    What would you do--what should you do? Are the two diferent?


    Guy Babin
     
  2. recurvyarcher

    recurvyarcher Well-Known Member

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    Whoah...never thought of that. No more drinks for me.
     
  3. scooterbum

    scooterbum Active Member

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    Castle Doctrine. Then, 12 or 6.
     
  4. jim brown

    jim brown Well-Known Member

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    Nebraska
    I don't believe you relinquish your right to self defense simply because you have consumed alcohol. However if you error in judgement you will be held accountable.

    jim brown
     
  5. Rich219

    Rich219 Active Member

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    If you come into my house and pose a threat to me I'll let the courts figure it out. Then again I don't drink to the point where I'm not able to make conscious decisions.
     
  6. capvan

    capvan Active Member

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    I would definitely say it depends on who you shoot, if it comes to that. Hopefully, it will be someone with a long record.
     
  7. shelly

    shelly TS Member

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    There is no alcohol limit for anything you do in your own home so the law has nothing to do with it. Carrying concealed away from home is a different matter altogether- in my state the limit for that is 0.0.

    I've never heard of any law against discharging a gun, otherwise legally, under the influence of any amount of alcohol.
     
  8. vpr80

    vpr80 Active Member

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    Sorry but in my home, in the middle of the night, I am going to shoot first and ask questions later. I am not about to risk harm to my family just because I had a few drinks the prior evening.
     
  9. Hauxfan

    Hauxfan Well-Known Member

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    I'd tell my wife to check it out and if it needed my attention, she should gently arouse me.....er..........wait, I mean wake me up.

    Hauxfan!
     
  10. rd

    rd TS Member

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    In my state, it is illegal to be "in possession" of a firearm while intoxicated. There is no exception for being at your own home or business. Shelly, if you actually READ your state statute, I would bet there is no exception in your state, either.
     
  11. grnberetcj

    grnberetcj Active Member

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    The "Use of Deadly Force" automatically places the shooter into the category of "Defendant". Bearing this in mind, the shooter/defendant should act accordingly once the police arrive at the scene.

    Reread and study the Miranda Ruling and never ever make a statement to any police officer without your attorney's blessing.

    Curt
     
  12. BDodd

    BDodd TS Member

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    You DO have the right to protect your home and relatives and guests within, even if under the influence of alcohol. In my limited opinion, your biggest risk is if the police, making a thorough investigation, decide to have you tested for sobriety and that later becomes an issue in a wrongful death or other related suit initiated by the relatives of the person injured or killed. But, aren't we all just about in that same situation anyway when the family's attorney quizzes you about the "evil reloads" you concocted just to create all the horrible injuries to "the victim" and various other attempts to make you the evil person and not the victim of a crime. There is no presumptive level of intoxication with gun cases like that while driving vehicles. So, I'd say no matter the results you will be made to look as bad as possible if there is any suit initiated against you, sober or "buzzed", just as it could and will against police officers involved in shootings.

    Apologies for the stream of consciousness but there's my incomplete thoughts......breakemall

    PS, My opinions are based on my experience on the far west and not all inclusive of laws from ALL states and of course it is assumed you, the shooter, has taken appropriate legal steps in the incident. BD
     
  13. Rastoff

    Rastoff Active Member

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    capvan wrote:
    "Hopefully, it will be someone with a long record."

    The length of the criminal's record is irrelevant. I believe that "prior bad acts" are not admissible. The criminal can only be tried on the current act.
     
  14. Kevin Fleming

    Kevin Fleming Active Member

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    Here's how it is in Florida. Refer specifically to (5). Something you should know if you (ever) drink alchohol and intend to defend yourself simultaneously.

    790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.

    (1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

    (2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

    (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    (5) This section does not apply to persons exercising lawful self-defense or defense of one's property.
     
  15. twotimer

    twotimer Member

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    Gosh officer, I was so upset I had to shoot that bastard that broke into my home, I decided to have a couple of drinks to settle my nerves waiting for you. Oh, by the way, I called 911 before I shot the s.o.b.. Mike
     
  16. Grayson Mayne

    Grayson Mayne Member

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    Twotimer did your lawyer tell you to say that? Remember even a fish would not get into trouble if he/she kept his mouth shut.
     
  17. grntitan

    grntitan Well-Known Member

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    TwoTimer--Lying to the authorities will get you in trouble faster than you want. If you claim stuff that didn't happen that way and CSI discovers your lies, you are not gonna look good. Witness creditability has cooked more than one goose.

    I'd stick with the truth thru my lawyer.
     
  18. shannon391

    shannon391 Active Member

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    Just explain to the armed home invader, rapist, murderer that you had a few cocktails earlier and don't think it would be appropriate to engage with firearms presently at this time, perhaps he could respectfully alter his schedule to fit you in at another date? If that's not convenient could he at least allow you to phone your attorney for advise?

    The pussyfucation of our country is amazing.
     
  19. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Does the criminal have to be sober before breaking in?
     
  20. Model Number 12

    Model Number 12 TS Member

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    Brian, I'll bet it's against the law to break into somebody elses home when the perp is under the influence of booze or drugs, so that should take care of that.
     
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