That one night....

Status
Not open for further replies.
Big Boy

Big Boy

Member
Joined
Aug 21, 2006
Messages
397
Location
Missouri
It's always that one night. We never know when it's coming, we never expect it, we just prepare and hope we can defend against it. At the same time many of us feel that the fear of criminals should not stop our normal lives.

I know this is a sensitive subject to many, and that's why I will go ahead and say that any of you who think people who drink alcohol from time to time shouldn't even own guns, or should completely lock them away, or whatever, this question is not for you, so don't respond.

I obviously would not carry if I knew I were going to be drinking. But suppose this, you are sitting at home one night, and have had a few drinks. Possibly enough to be drunk, possibly not, we don't know when this random guy decides to break into you're house. All hypothetical, you have had a couple drinks, but you own firearms and could be quickly armed.

#1 The guy breaks in, and he is armed. What do you do, and how do you suppose LEO will react?

#2 The guy breaks in and is not armed, but what do you do then? Let him take all of your things? Possibly even your guns, then being armed and easily able to hurt you and you're family?

I imagine there really is no proper response to this, but I'm just curious what some will say.
 
I have a 442 in my back pocket, and a cold beer in front of me, right now, at home.

The bad guys aren't going to make me stop having a 442 in my back pocket, prepared to use it, nor are they going to make me stop having a cold beer. I'm obeying the law, and would also do so when responding to a threat. I don't go out jukin', (I'm 51 and left all that in my past), I observe NC law and don't carry in a restaurant that serves alcohol, (but I would if I could legally).

Les
 
id prolly go yo jail for this,,,,,,,,,, intoxicated while self defending lol. i think it comes down to what your willing to risk. i know worst case scenario i go to jail for murder. im more than willing too for my beliefs.
 
I had a situation similar to that once, on MY private property, 2 drinks down, still had my firearm on, and a guy decides to confront my wife on the front porch. I warned him ONCE and when he continued the advance I drew and was in process when he decided to turn tail and run. I held fire, he further retreated and I called 911. Officers arrived, I gave a description, no mention of Jack on my breath. They caught the guy an hour later, returned him for ID and he went down for several other offenses at other locations. Never once did they ask if I had been drinking and we all know how Jack Daniels smells........
 
SC law, SECTION 23-31-400

(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.

...

(D) This article does not apply to persons lawfully defending themselves or their property.
Click to expand...

Nothing is different the nights I choose to have a couple drinks.
 
It's football season!!! A few beers and a .45 stashed next to the recliner is how I spend my weekends. All perfectly legal!!! Gotta love this country. :)
 
I don't know the laws outside of Florida. In Florida, use of a firearm while under the influence is against the law. However, there is a specific exception for self-defense.

When I took NRA Personal Protection Outside the Home, the lawyer who gave the legal part of the class put out some new-to-me info that bears on this subject. In Florida, the law generally presumes that you are not under the influence. You can expect to be blood-alcohol tested following a defensive shooting incident, and your blood alcohol level will enter into the equation. Blow a 0 to 0.05, and the presumption is that you weren't impaired. Blow 0.05 to 0.10, and there's no presumption either way. Blow over a 0.10, and the presumption is that you were impaired. You can try to prove otherwise, but it takes significant evidence to overturn or overcome a legal presumption.

You don't lose the right to self-defense just because you had a drink. But a number of drinks could cause you legal problems if something were to happen... I'm paraphrasing the attorney and doing so from memory, so my apologies if I've misstated anything.
 
Look up your state law. Missouri's law is like the two already mentioned, it's against the law to posess a loaded firearm while intoxicated unless used in an act of self defense. I'd imagine this would be a pretty standard setup.
 
I agree about the comment regarding looking up the law. Personally I don't drink and carry.

However it's a sad day that we don't remind people, including those who write the laws of our history.

Before the Patriots had their firefight on Lexington Green they "mobilized" at the tavern adjacent to it. Had a few to start the day and still did their duty. No doubt some mead was spilt before the battle. Once again personal responsibility in action rather than litigation.
 
Thanks for the responses. Just making sure I wasn't crazy for having a couple beers and still keeping my gun around.
 
"Having a couple of drinks" and "being under the influence" are two different things. I imagine that most of us who consider ourselves responsible enough to not only acquire and keep ready firearms, but to also train with them and continue our quest for knowledge and skill with them, are also responsible enough not to make "being under the influence" a pastime..
There are always exception, though, and they're pretty much on their own.
 
Thingster said:
Look up your state law. Missouri's law is like the two already mentioned, it's against the law to posess a loaded firearm while intoxicated unless used in an act of self defense. I'd imagine this would be a pretty standard setup.
Click to expand...
I am also in Missouri and the only way I can stand to watch an entire Rams game is by having a few cold frosty Inbev products!

Scott
 
Last edited:
I am also in Missouri and the only way I can stand to watch an entire Rams game is by having a few cold frosty Inbev products!

Scott
Click to expand...

Ouch, I'm surprised that's all it takes to sit through a whole game. . .
 
I don't see a DA saying to a shooter; "You lose your right to self-defense when you have had a couple of beers."

But at the same time, if you shoot someone and you have been drinking, plan on EVERY detail of your story being scrutinized at least TWICE as much as normal.

I think the circumstances will have a lot to do with it. It's not unreasonable for a guy in his own home to have had a couple of beers at any given time.
 
#2 The guy breaks in and is not armed, but what do you do then? Let him take all of your things? Possibly even your guns, then being armed and easily able to hurt you and you're family?
Click to expand...

Check the laws in Missouri. In Louisiana, you can use deadly force to stop forced or attempted forced entry into an occupied private dwelling or place of business. Whether or not you choose to use it is based on the circumstances and your own morals on when you are willing to take another human being's life.
 
In a state with a good strong castle doctrine, YOUR state will not be an issue. The ONLY issue is were in fear for your life or serious bodily harm.

In =most= places (SC is one of them), the fact that someone broke into your home, while you were there, is an automatic assumption that they intend to do you harm.

Bang.
 
HydrostatiK said:
It takes a lot more for us in Kansas City.
Click to expand...
Lol, no kidding.

As far as the my castle doctrine, I would for one not shoot unless I felt threatened, but you'd better believe it'd be out and in my hands convincing the guy to get on the ground.

On another note, I actually was not aware Missouri had a my castle doctrine. Can anyone link me to some state statutes about that? (if not I'll probably find them over time, but linking is always easier)
 
Again, look up your local law.

That said, I took a tac med class from a guy out here who was a SEAL medic & ended up shooting a serial rapist after a night at the bar. Our hero woke up in the middle of the night & saw a man standing at the foot of his bed. Grabbed his Sig & fired 2 rounds. One hit the rapist. Bad guy is in prison now.

Like anything else, know the limitations that your choices have placed on you both legally & in terms of your ability to perform should the need arise.
 
We have a house rule, no guns after a sip, but that is part of the compromise that sold my wife on it in the first place so i stick to my side.


WTBguns10kOK said:
Just put a sign on your front door that says "inebriated and armed".
Click to expand...

Missed an opportunity, my friend, shulda said " Armed & Hammered!
 
Last edited:
Status
Not open for further replies.

Similar threads

L
  • Locked
Where does one walk?
Replies
9
Views
723
Havegunjoe
H
B
  • Locked
Plenty of Legitimate reasons to be in a Bar other Than Looking for Trouble
2
Replies
40
Views
2K
Dambugg
D
T
  • Locked
A What If That Really Happened
2
Replies
29
Views
1K
MikeG
M
S
  • Locked
To carry or not to carry - what would you do?
2
Replies
34
Views
1K
NMGonzo
N
I
  • Locked
slightly odd situation....Question???
2
Replies
46
Views
3K
gtd
G
Back
Top