Defensive situation while intoxicated

[jwhite75]

Bingo! ^^

Indicate that your feel stressed, ill, and physically not right.
Ask/demand for medical services and to be taken to a hospital. Ask for a sedative to help calm and relax your nerves.
All the while insist that you would like to be as helpful to the police as possible, after your attorney arrives and your speak with him/her first.

As time goes by your BAC will be dropping like the stock market thanks to your increase in metabolism as result of the adrenaline dump you'll have experienced. As well as the time it will take before you actually get tested after ambulance transport, triage/evaluation, check-in, and administration of relaxive drugs...two or four hours later on the inside if not longer.

- Janq

+1 on this...makes very much sense.

[DefensiveCarry.com]

[farronwolf]

Where I live it won't make much difference.

You say 6 or 7 beers, over what time period? If I am sitting out on the patio, with something in the smoker watching the kid swim, or doing whatever, there may be at least 6 or 7 beer cans over the course of a few hours in that situation. It isn't going to affect my judgement in the least regarding someone kicking in my door. If you come past 2 locked doors into my den, your going to get shot.

I drink beer fairly regularly, so this situation isn't out of the ball park for me. It won't make one bit of difference in my reaction if it is Saturday night and I have been drinking since 2:00 that afternoon or if I happened to just be walking in from Mass on a Sunday morning stone cold sober, somone kicks in the door of my house I am well within the laws of my state to protect my family, myself and my property.

[JoJoGunn]

What you do in the privacy of your home is up to you, not the authorities. It doesn't matter if you have had 1 beer or the entire case of them, some crazed individual has kicked in your door and entered your home. Don't think he's there by accident or in need of strirring convesation. You do not know his intent at that point, but you kind of get the hint that it isn't good. If he gets shot in the course of a home invasion, so be it. Your BAC is irrelevant when confronted by some lunatic. This is precisely what Castle Doctrine is designed to do, so you can remove the threat in your own home.

[ccw9mm]

If he gets shot in the course of a home invasion, so be it. Your BAC is irrelevant when confronted by some lunatic. This is precisely what Castle Doctrine is designed to do, so you can remove the threat in your own home.

"Castle" laws don't exist everywhere, in which states judgment is still a consideration.

[Sheldon J]

Don't drink, even at home it is iced tea, so can't happen......

[SIGP250]

Where I live it won't make much difference.

You say 6 or 7 beers, over what time period? If I am sitting out on the patio, with something in the smoker watching the kid swim, or doing whatever, there may be at least 6 or 7 beer cans over the course of a few hours in that situation. It isn't going to affect my judgement in the least regarding someone kicking in my door. If you come past 2 locked doors into my den, your going to get shot.

I drink beer fairly regularly, so this situation isn't out of the ball park for me. It won't make one bit of difference in my reaction if it is Saturday night and I have been drinking since 2:00 that afternoon or if I happened to just be walking in from Mass on a Sunday morning stone cold sober, Simone kicks in the door of my house I am well within the laws of my state to protect my family, myself and my property.

Yes and no. It depends on the defense lawyer and on how good your attorney is.

I'm not a lawyer but I have studied cases where an intruder intentionally entered the home to rob or due harm.The home owner had a da/sa with the trigger cocked. I don't have the details but even though a break in occurred, since the defender shot with a cocked hair trigger the defense lawyer made a case that it was pre meditated.

That is why I say shoot to kill if you are going to shoot. Then it will only be your story to tell, not yours and and the assailant.

[Phillep Harding]

The home owner had a da/sa with the trigger cocked. I don't have the details but even though a break in occurred, since the defender shot with a cocked hair trigger the defense lawyer made a case that it was pre meditated.

I hope there's more to the story. I shot an SA for so many years it takes an effort of will to /not/ cock a DA/SA.

[Monkeytown]

In Alabama we are good to go with the Castle Doctrine. Not to mention that my wife's aunt is an ADA in the County I live in. Hopefully that would work in my favor.

Regarding a civil suit, that's really a toss up I guess. What kind of jury...bleeding hearts or not.

MT

[lazy]

I say ,Keep drinking till the LEO shows, then Lawyer up.
"Your Honor, I was so nervous after this I had to have a drink or 2 or 6, to calm my nerves"
Who's to say you were sober or not at the time of the shooting,

[farronwolf]

Yes and no. It depends on the defense lawyer and on how good your attorney is.

I'm not a lawyer but I have studied cases where an intruder intentionally entered the home to rob or due harm.The home owner had a da/sa with the trigger cocked. I don't have the details but even though a break in occurred, since the defender shot with a cocked hair trigger the defense lawyer made a case that it was pre meditated.

That is why I say shoot to kill if you are going to shoot. Then it will only be your story to tell, not yours and and the assailant.

First of all where was this "story" taking place with the hair trigger? Maybe it was in New York or some other semi communist state where they don't value the law abiding citizen as much as the criminal. Secondly, if your shooting to kill instead of shooting to stop the threat, you have gotten yourself into a jam already, since that is not what your supposed to be doing.

But regardless, like I said, where I live it won't make much difference at all. I will give you the example of what took place just one county south of here. A man comes home to find a man and a woman in his home robbing him. He gets his gun proceeds to make the two go outside and sit on a swing while waiting for the deputies to arrive. He tells the two to sit there and shut up. Well the dude starts mouthing and then gets up off the swing. Homeowner shoots mouthy burglar dead while wife/gf is sitting right there in the swing. What happens to homeowner, nothing. He was perfectly within his rights in Texas, and perfectly within what the prosecutors think is justified for our little neck of the woods.

Had he been drinking, and the two came into his home, the results would be no different.

[atctimmy]

I say ,Keep drinking till the LEO shows, then Lawyer up.
"Your Honor, I was so nervous after this I had to have a drink or 2 or 6, to calm my nerves"
Who's to say you were sober or not at the time of the shooting,

At first I thought this was silly and then after thinking it over it may not be such a bad idea.

[ak_balla]

I'd rather be drunk and shoot a home invader, than have to shoot a mugger in a parking lot, cold sober.

I agree. Entering my house is posing a threat to me and most likely no questions will be asked before I RE-act

[Jcabin]

BOTTOM LINE: Your life is not any less valuable because you are drinking alcohol. If you commit to a bad shoot intoxicated or not, it will come out. If some guy literally smashes in my front door, I'm not going to wrestle around with him. Once I pull my gun and say STOP if he doesnt stop, he's going down.

Lets discuss the facts here

Some guy, literally smashes in your door and is obviously in an aggressive and violent physical demeanor. Why is he here?

He comes at you, and you draw gun. He doesn't stop.

You shoot because you felt your life was in danger.


When someone smashes in your front door and charges you after you've shown your gun, theyre intent on killing you. Believe otherwise? Then let him have his way and hope to god you wake up a parapalegic to find out how you survived the attack and dont end up completely dead.

COMMON SENSE PEOPLE.

[Free American]

Absolutely, drink more...remember they have to prove you were drinking before the incident...good luck on that once you say it was all after the incident.

[SIGP250]

First of all where was this "story" taking place with the hair trigger? Maybe it was in New York or some other semi communist state where they don't value the law abiding citizen as much as the criminal. Secondly, if your shooting to kill instead of shooting to stop the threat, you have gotten yourself into a jam already, since that is not what your supposed to be doing.

But regardless, like I said, where I live it won't make much difference at all. I will give you the example of what took place just one county south of here. A man comes home to find a man and a woman in his home robbing him. He gets his gun proceeds to make the two go outside and sit on a swing while waiting for the deputies to arrive. He tells the two to sit there and shut up. Well the dude starts mouthing and then gets up off the swing. Homeowner shoots mouthy burglar dead while wife/gf is sitting right there in the swing. What happens to homeowner, nothing. He was perfectly within his rights in Texas, and perfectly within what the prosecutors think is justified for our little neck of the woods.

Had he been drinking, and the two came into his home, the results would be no different.

I would agree with this. I don't think Missouri is much different from Texas law. We were late to amend the revised Missouri Statues regarding concealed carry, however a Missouri CCW is now honored in 35 states, more than any other. This is due to the hard work of our Attorney General's office seeking equivalent or more stringent standards than the states we have reciprocity with and each state's a attorney agreeing with another that all standards meet or exceed another states concealed carry requirements before reciprocity is granted.

OK, this story I mention comes from my Friend an original CCW instructor. It may be urban legend or not. Now I am with a different NRA adviser in order to become a certified instructor on my own. I will see if I can get any more detail.

Missouri also has had the Castle Doctrine in effect for years before our CCW law became effective.