Home Defense After a Nightcap

Home Defense After a Nightcap

This is a discussion on Home Defense After a Nightcap within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; We all know that alcohol and guns don't mix, but let me propose this hypothetical situation to you: You're at home after a day of ...

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Thread: Home Defense After a Nightcap

  1. #1
    Member Array ItalianSteel's Avatar
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    Home Defense After a Nightcap

    We all know that alcohol and guns don't mix, but let me propose this hypothetical situation to you:

    You're at home after a day of work and after dinner and winding down you decide to have a little drink or maybe even two before bed. Of course crime doesn't make an appointment and no later than half an hour passes by before you have a home invader breaking down the door. You may not be tipsy or even buzzed at that point, but you know your options.

    Do you defense yourself with your gun and risk "having alcohol in your system" or...?

    (I'm more curious what legal issues could arise from someone using a gun while having alcohol in their system, even if they are defending their own home and not 'drunk'.)


  2. #2
    Ex Member Array MJB_17's Avatar
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    Carrying a firearm in public (legally) with alcohol in your system = guaranteed bad outcome if any type of LE contact takes place.

    Shooting a home invader (here in TX), especially at night...having alcohol on board certainly isn't going to be a good thing, but the real world results of home invasion SD shootings 98% of the time are no criminal scrutiny for the homeowner/occupant. We have castle doctrine and LE and grand juries take it seriously, criminal charges in that case are very rare. The only ones who come under indictment or other legal scrutiny tend to be those who act like total cowboys or idiots like Joe Horn* or the guy in Houston who killed the teacher over the loud music.




    *Yes, I think Joe Horn was an idiot for shooting those guys, the whole situation was avoidable and IMO theft of property does not justify killing two people. He paid a severe price personally for his role in an incident that he made a million times worse by being a stubborn jackass who wouldn't listen to common sense.
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  3. #3
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    Options:

    1- Defend yourself.
    2- Run out the back door.
    3- Surrender yourself to the invader.
    4- Fire two shots in the air from your double barrel.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

  4. #4
    New Member Array Bonernor's Avatar
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    ItalianSteel, I'd love to know that myself. I suspect there would be many legal issues under those circumstances. Not that it's a problem with you drinking in your own home, however, if an intruder came in and you shot/killed him while having alcohol in your system the courts would have a heyday with that. No doubt, they'd turn things around and make it appear that somehow you were in the wrong. Bottom line though, if you enter my home uninvited, you're gonna be met by my enforcer which I hope results in you meeting your maker...alcohol on board or not!

  5. #5
    Distinguished Member Array miller_man's Avatar
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    Since I started carrying I don't drink out anymore. The ONLY place I drink is at home, only place I really even feel comfortable enough to drink anymore. I don't enjoy getting drunk, but I do like to have 1-2 drinks most nights, sometimes I MIGHT make a third or fourth. But I have NO concerns about defending my home and using deadly force to do so, with or without alcohol.
    The stupidity of some people NEVER ceases to amaze me.

    G19 AIWB

  6. #6
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    Do whatever you need to do to defend yourself and worry about the law afterwards. Even drunks have the right to protect themselves. And it's legal to do so in FL (and most states most likely).
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

  7. #7
    VIP Member Array Taurahe's Avatar
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    If I cant have a drink or two in my own house for fear of legal repercussion, I am moving to Canada. 1 drink or 10, if you break into my house, I will shoot, regardless of alcohol consumption.
    ”God grants Liberty only to those who love it, and are always ready to guard and defend it.”
    ~Daniel Webster

    Your points are shallow... my points are Hollow....

  8. #8
    VIP Member Array Snub44's Avatar
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    ...I still haven't opened the wine I bought Christmas Eve...but in my home, I have every right to drink...if one comes into my home and needs dealing with...I won't have consumed enough to render me silly or unable to properly respond...and he gets what he gets, same like if I'm in the shower or on the toilet...if he don't LIKE what he gets...he shouldn't'a invited himself in...defense is defense, no matter what state I'm in, while I'm in my own home...
    USM1976 and 9x19 like this.

  9. #9
    Distinguished Member Array Glock2201's Avatar
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    I have to agree with what most people are saying. It has been over 2 years since I have actually been what I would call drunk. I don't drink on a daily basis but on weekends I might 2 or 3 drinks and I have every right to do that and I also have a right to defend my home and IMO have a right to do both in the same evening and would not have an issue doing so. I hope I never have to with or without having a few drinks but would not have a problem doing so.

  10. #10
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    Your home is your castle, and if the king has been drinking...he's still going to defend against any dirtbags coming in for a 'look-see'.
    Even if it takes a few extra shots (darn those moving, multiple targets)...he'll still be working on an early dirtbag retirement.

    I don't see any problems arising because of a few drinks in one's own home.OMOYMV
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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  11. #11
    VIP Member Array Easy8's Avatar
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    Just dont drink out of a 20 oz class or you will do time.
    Last edited by Easy8; May 28th, 2013 at 05:30 PM.

  12. #12
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    I'm assuming you meant 20 oz Glass, but that's still legal in FL.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

  13. #13
    Distinguished Member Array bigmacque's Avatar
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    I have a colleague that's a private pilot, and I learned from him a long time ago to greatly curb my alcohol intake. He won't drink a drop up to 36 hours before flying, and as you noted crime doesn't make an appointment so there's no way to know when the clock will start to tick.

    Based on his example -- and this is really hard for me because I love good wine and good beer -- I drink very little anymore. I might have a single nightcap once a week or so, but that's it. Usually just a shot of good rum, maybe a tequila, or one beer .... that's it. That's all I drink anymore.
    I'm in favor of gun control -- I think every citizen should have control of a gun.
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  14. #14
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    I don't see how there is any question. Home invasion means I defend my home. There isn't time to think about whether I'd rather be dead than face some legalities.
    tcox4freedom and mr.stuart like this.

  15. #15
    Distinguished Member Array tcox4freedom's Avatar
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    I don't drink anymore. But, I really don't see any problem in anyone defending themselves in an HIR in the OP scenario. Now, if you're having a party at home and get into an altercation with a guest then shoot somebody because you're not completely in control of your faculties, I can see potential problems.

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