Defensive situation while intoxicated - Page 4

Defensive situation while intoxicated

This is a discussion on Defensive situation while intoxicated within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by Jcabin COMMON SENSE PEOPLE. Bottom line: in a state where judgment is at issue in a person's defensive actions, any drinking will ...

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Thread: Defensive situation while intoxicated

  1. #46
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Jcabin View Post
    COMMON SENSE PEOPLE.
    Bottom line: in a state where judgment is at issue in a person's defensive actions, any drinking will be questioned as to whether/how it impacted judgment.

    That's also common sense.

    Nothing more. Nothing less.

    None of this is to say it magically turns a good defensive action into a bad one, merely because of booze. It's only to say that the booze may well become a sticking point where one's justifiability hangs on a reasonable person's judgment and where "Castle" law doesn't hold.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.


  2. #47
    Member Array Manan's Avatar
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    The bar for the use of deadly force is the same if you have been drinking or not.

    "Would an ordinary person feel that his life was in danger"

    If the answer is yes, whatever force deemed necessary by the actual person is justified, up to and including the use of deadly force. Period.
    NRA Member
    I carry a .45 because they don't make a .46
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  3. #48
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Manan View Post
    If the answer is yes, whatever force deemed necessary by the actual person is justified, up to and including the use of deadly force. Period.
    When judgment is part of the laws applicable to a person's actions, such as in a state that looks to the "reasonable man" standard for determination of when lethal force is justified, anything that affects judgment (ie, drinking) is almost certain to be a relevant question and to be asked. "Period."
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  4. #49
    Senior Member Array Ragin Cajun's Avatar
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    Quote Originally Posted by HotGuns View Post
    Not good.

    You "judgment" would be called into question.
    Did you fear for your life? More than likely you would have to give a blood sample because a death was involved. The fact that you would test high would not be good.

    A lawyer might say that you were too drunk to make a good judgment because you didn't notice that the man was unarmed when you shot.

    Right or wrong, you can bet that that fact that you were drunk would be a major issue in the case.

    Considering the scenario mentioned, in an effort to protect my family I would still shoot in heart beat. I may have to deal with the fall out but atleast my family would still be alive. You never know what that crazed person will do. If they had the balls or lack of sense to bust in the door, they are up to no good and they have a plan.

  5. #50
    Senior Member Array psychophipps's Avatar
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    A situation like this is exactly why my idea of a "wild night out" is a second beer...at least two hours after the first...and I weigh 235 lbs. I have spend too much time getting ready for "go time" to porkchop it and let my family get hurt or killed because I decided to booze it up or to give some liberal weinerhead DA willing to toss me to the wolves for votes later a freebie.

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