Defending under the influence - Page 2

Defending under the influence

This is a discussion on Defending under the influence within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; What is the ethnic persuasion of the performers in this scenario? Until we have more relevant facts, it is difficult to form an opinion regarding ...

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  1. #16
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    What is the ethnic persuasion of the performers in this scenario? Until we have more relevant facts, it is difficult to form an opinion regarding likelihoods.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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  2. #17
    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by Sig35seven View Post
    If you shot the BG and he was holding a gun as you say he did, he would be laying dead on the floor with the evidence(gun) still in his hand. There would be no charges put against you if it happened the way you present it. If he had no weapon this would be a different case.
    In a state with a castle doctrine I think your right. My concern would be a state that is not defense friendly like the OP mentioned. Would the Old laws on self defense protect him?
    Don"t let stupid be your skill set....

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  3. #18
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    "But I had to shoot, your Honor, as I was entirely too drunk to retreat".
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
    William T. Sherman

  4. #19
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    There would be no charges put against you if it happened the way you present it.
    That may be true in Florida or even Arkansas.

    But in Massachusetts? All bets are off...

    unless you want to bet on the odds of the homeowner being arrested, treated like a criminal being sacrificed on the altar of public opinion by the news media and locked away for a long time for having the audacity to defend himself with a gun....
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  5. #20
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    Quote Originally Posted by RKM View Post
    With a good lawyer, I think the fact that the homeowner is intoxicated could be easy fought against. However, with a crappy lawyer, if the case goes to court, many average people in the jury may not think so. I won't say I've NEVER consumed alcohol while I was carrying at home or in public (legal in PA), but I rarely drink to intoxication. With that said, it's best not to mix alcohol (to the point of intoxication) and firearms if you can avoid it. In this situation, it seemed unavoidable I'm on Harry's side.


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  6. #21
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    In most states you can defend your self at home no matter what.
    Drunk, sober, shotgun, riffle, custom trigger ported barre etc etc etc..................

  7. #22
    Senior Member Array TheShadow's Avatar
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    Quote Originally Posted by Mike1956 View Post
    What is the ethnic persuasion of the performers in this scenario?
    Harry \ha(r)-ry\ as a boy's name is pronounced HARE-ee. It is of Old German origin, and the meaning of Harry is "home ruler"

  8. #23
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    Quote Originally Posted by TheShadow View Post
    Harry \ha(r)-ry\ as a boy's name is pronounced HARE-ee. It is of Old German origin, and the meaning of Harry is "home ruler"
    Yup, Harry was my Grandad's name. So far, it isn't looking good for the shooter.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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  9. #24
    Senior Member Array Sig35seven's Avatar
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    Quote Originally Posted by HotGuns View Post
    That may be true in Florida or even Arkansas.

    But in Massachusetts? All bets are off...

    unless you want to bet on the odds of the homeowner being arrested, treated like a criminal being sacrificed on the altar of public opinion by the news media and locked away for a long time for having the audacity to defend himself with a gun....
    Currently, Massachusetts law allows people to "defend themselves by using deadly force against intruders in the home". They were considering adopting the 'stand your ground' law. I doubt that will happen now after what happened recently.

    Another liberal state law says...

    New York Penal Law section 35.15 effectively ordains that: "A person may... use DEADLY physical force upon another person" "when and to the extent he reasonably believes such to be NECESSARY to defend himself or a third person from what he reasonably believes to be .... a kidnapping, forcible rape, forcible sodomy or ROBBERY; or... a burglary...." There is no duty to retreat under these circumstances. However, if one is "challenged" in a bar for a fight, accepting such challenge and using deadly force, instead of walking away, generally will not constitute a self defense.


    Back to the original scenario that the OP makes is a problem that could be revealed would be if he used excessive force BEYOND what was needed to stop the threat. For example... if the guy was shot three times in the back or the guy was shot after he was dead (wounds that had little bleeding) would show use of unnecessary/excessive deadly force beyond what was needed to stop the threat.
    "Confidence is food for the wise man but liquor for the fool"

  10. #25
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    Unfortunately, Harry lives in Massachusetts. The DA eventually decided not to indict, noting that the BG had a long record, but the family sued civilly and used the police report statements that Harry was drunk as a key piece of evidence. Harry is probably in for a wallet-ectomy.

  11. #26
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    Depends on the state he is in and local DA.
    he will get from nothing to life roll the dice.

  12. #27
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    Honestly, if you have a significant risk of armed BGs busting into your house, maybe getting liquored is a bad idea. Maybe have a designated shooter in each group?
    The only acceptable long-term outcome is to find a cure. It's an actual solution, requiring forward-thinking efforts.

    Until then, we're just arguing about who's pushing who.


  13. #28
    Senior Member Array Sig35seven's Avatar
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    Who remembers Bernie Goetz? In the liberal state of NY he shot four (4) kids on the subway. They were unarmed and demanded $5 from Bernie. He felt threatened and fired his UNREGISTERED handgun 5 times seriously injuring all four. A jury found him not guilty of all charges except an illegal firearms possession count, for which he served two-thirds of a one-year sentence.

    He wasn't in his home. The alleged 'muggers' were unarmed. He got off. In a liberal state.

    The mantra that liberal states have taken away all self defense rights is just not true. But if people say it enough times it must be true.
    rammerjammer likes this.
    "Confidence is food for the wise man but liquor for the fool"

  14. #29
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    Quote Originally Posted by Sig35seven View Post
    Who remembers Bernie Goetz? In the liberal state of NY he shot four (4) kids on the subway. They were unarmed and demanded $5 from Bernie. He felt threatened and fired his UNREGISTERED handgun 5 times seriously injuring all four. A jury found him not guilty of all charges except an illegal firearms possession count, for which he served two-thirds of a one-year sentence.

    He wasn't in his home. The alleged 'muggers' were unarmed. He got off. In a liberal state.

    The mantra that liberal states have taken away all self defense rights is just not true. But if people say it enough times it must be true.
    And he was successfully sued for every dime he will ever make.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
    William T. Sherman

  15. #30
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    Quote Originally Posted by Sig35seven View Post
    Who remembers Bernie Goetz? In the liberal state of NY he shot four (4) kids on the subway. They were unarmed and demanded $5 from Bernie. He felt threatened and fired his UNREGISTERED handgun 5 times seriously injuring all four. A jury found him not guilty of all charges except an illegal firearms possession count, for which he served two-thirds of a one-year sentence.

    He wasn't in his home. The alleged 'muggers' were unarmed. He got off. In a liberal state.

    The mantra that liberal states have taken away all self defense rights is just not true. But if people say it enough times it must be true.
    Do you also remember what he went through? He got very lucky in the end

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