at Home drinking? - Page 3

at Home drinking?

This is a discussion on at Home drinking? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by Pro2A I believe if you are home, alcohol is not a factor if it was a justifiable shoot. Thats like saying you ...

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Thread: at Home drinking?

  1. #31
    VIP Member Array oneshot's Avatar
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    Quote Originally Posted by Pro2A View Post
    I believe if you are home, alcohol is not a factor if it was a justifiable shoot. Thats like saying you can't defend yourself if you are drunk.

    These two paragraphs are from the Mi. state website specifically on drinking,
    Paragraphs here, website is below
    They make no dicernable exception's if you are out and about, or at home as far as I can read . DRINK AT YOUR OWN RISK

    2) An individual shall not carry a concealed pistol while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. A person who violates this section is responsible for a state civil infraction or guilty of a crime as follows:

    (a) If the person was under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or had a bodily alcohol content of .10 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court shall order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to permanently revoke the license. The concealed weapon licensing board shall permanently revoke the license as ordered by the court.

    Michigan Legislature - Section 28.425k

    "Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters."
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  2. #32
    VIP Member Array Eagleks's Avatar
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    The scenario makes it much easier to argue, that his perception of reality was distorted. IF there are conflicting stories, his will be less believed. So, if anything falls into the gray area, he's more likely in my mind to end up on the wrong end of it legally.... as his capacity and judgement could be questioned.

    I don't drink, so I don't have that issue.

  3. #33
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    I'm not worried about having a few beers and shooting a home invader (threatening my life), but I'd be concerned about not being able to 'double tap' the heart, followed up by one to the skull. I might have to use an extra mag.
    Don't break into my home...regardless of what I'm doing.
    Last edited by RETSUPT99; December 16th, 2009 at 10:07 PM.
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  5. #34
    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by psychophipps View Post
    I make a conscious decision to lock up my firearm in the safe before I drink any alcohol. Not even a sip of any adult beverage hits my lips if I'm carrying, and that's as much as legally possible.
    What do you do when someone breaks in??

  6. #35
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by Impulse138 View Post
    Now the question... What do you do if you are over .02BAC when at home and somebody breaks into my house and I am defending my castle as stated by law. What type of trouble would i get into or how would they go about it? I appreciate your answers and insight as I read on here everyday.
    If you are a normal person, your thoughts about what the law is at that point is time is completely irrelevant.

    However, if you have reservations about defending your home to the extent that you first must know the law, then you should drink only one beer, and call it quits for the night.

    However, if you must persist in knowing what the law is under these circumstances, I will tell you: THE LAW IS - The law of the jungle -- kill the SOB, and you can figure out the law later.
    Live every day so that you can, with a clear conscience, look all men in their eyes and tell them to go to hell.

  7. #36
    VIP Member Array bsnow's Avatar
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    I work very long hours at my employment, and receive very good eval's and raises. Also like to have a few when I get home to reflect and chat with my wife. If someone comes in on us I'm like a sow bear with cubs. My judgement is not impaired EVER. I will defend mine, period. And I repeat not judgement impaired. I have had an incident occur recently that I will share with you folks later.

  8. #37
    Member Array crankshop1000's Avatar
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    328 have the right to remain silent. That right pertains to both the BG and the victim. You have the right to not incriminate yourself by giving a statement. You have the right to an attorney BEFORE any questioning. The Miranda warning is clear "any statement can and will be used against you in court" it says nothing about a statement being used FOR you in court.. Be careful and do not fall prey to being talked into "doing the right thing" or being told "if you are innocent, you have nothing to worry about". Give a statement after only talking to YOUR attorney.

  9. #38
    Member Array gunfan's Avatar
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    "Button your lip" and let the circumstances speak for themselves. Keep your statements short and direct. NEVER VOLUNTEER ANY INFORMATION! Speak ONLY after consulting your attorney.

  10. #39
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    I agree with 'dukalmighty'. I believe that any attack into your home is defensible.

    Citizens are not expected to know when an attack may happen. Of course, some attorney would likely contend that you didn’t take reasonable measures to secure your home from forcible entry, so just hope you're not living in San Francisco if it happens.
    “Monsters are real and so are ghosts. They live inside of us, and sometimes they win.”
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  11. #40
    Senior Member Array JohnK87's Avatar
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    The BAC laws in MN only apply to the permit to carry. The PTC is not required on your own property. So, it really comes down to whether it was a good shoot or not. This is pretty easy to satisfy in a home invasion situation.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

  12. #41
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by crankshop1000 View Post have the right to remain silent.

    You have the right to not incriminate yourself by giving a statement.

    You have the right to an attorney BEFORE any questioning.
    All of which gets harder to ensure for yourself, if you're intoxicated and not quite in charge of your own faculties and judgment. Another point against, clearly.
    Your best weapon is your brain. Don't leave home without it.
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  13. #42
    Member Array joecs1's Avatar
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    It can only complicate things!! 1 drink maybe 2 in the course of a few hours, ok. if you are sauced out of your mind, it coould get ugly no matter how right you were!
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  14. #43
    VIP Member Array obxned's Avatar
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    at Home drinking?

    Whatever you are doing in your own home does not negate your right to life, nor does it give the right to rob, rape or kill you or your family to evil people.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  15. #44
    Senior Member Array psychophipps's Avatar
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    Quote Originally Posted by rljohns View Post
    What do you do when someone breaks in??
    I would stab them instead. Keep in mind that my idea of "A wild night out" is a first beer.

  16. #45
    Senior Member Array PointnClick's Avatar
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    Detective: "Hey... this guy with the crowbar and flashlite in your hallway is stiff... he's been dead 8 hours... why did you take so long to call...?"

    Me: "I wuz drinkin'... I fell asleep. But it's a clean shoot... I don't know him..."

    "Who is to say that I am not an instrument of karma? Indeed, who is to say that I am not the very hand of God himself, dispatched by the Almighty to smite the Philistines and hypocrites, to lay low the dishonest and corrupt, and to bust the jawbone of some jackass that so desperately deserves it?"

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