In the house...

This is a discussion on In the house... within the General Firearm Discussion forums, part of the Related Topics category; I know you're not allowed to have your gun on you when you go out and have a beer... But what about if you were ...

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  1. #1
    Member Array SummerJoy's Avatar
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    In the house...

    I know you're not allowed to have your gun on you when you go out and have a beer... But what about if you were at home having some wine and watching tv when someone breaks in and you need to defend yourself??

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  3. #2
    VIP Member Array Harryball's Avatar
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    If you are not falling down drunk, you should be fine. I would consult with a SD attorney to fine out about your country prosecutor and how aggressive he or she is. It can make a difference. If you need a number for an attorney feel free to PM me.
    Don"t let stupid be your skill set....

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    VIP Member Array Easy8's Avatar
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    I just watched a 20/20 or one of those shows where the fed is pushing states to lower drunk driving limit to .05 from .08 thats only two beers for the avarage guy. They have already done it in Europe. That means in any courtroom if alcohol is involved .05 will be the yardstick for any kind of offense.

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    Senior Member Array Inspector71's Avatar
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    Quote Originally Posted by SummerJoy View Post
    I know you're not allowed to have your gun on you when you go out and have a beer... But what about if you were at home having some wine and watching tv when someone breaks in and you need to defend yourself??
    Not defending myself in my home is not an option regardless of what I am doing at the time.
    If you can read this, thank a teacher. Because it's in English, thank a vet

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    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by SummerJoy View Post
    I know you're not allowed to have your gun on you when you go out and have a beer... But what about if you were at home having some wine and watching tv when someone breaks in and you need to defend yourself??
    Are u worrying about getting arrested or sued at this moment in time or are you going to defend yourself and/or family? You need to be alive to worry about it. Do what ya need to do.
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    Senior Member Array NH_Esau's Avatar
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    Quote Originally Posted by SummerJoy View Post
    I know you're not allowed to have your gun on you when you go out and have a beer... But what about if you were at home having some wine and watching tv when someone breaks in and you need to defend yourself??
    If you're intoxicated, there may be issues, but are you not going to defend yourself because you had a glass of wine? For that matter, if you were falling-down-drunk (a violation of the 3S rule even inside your own home, imo), you would still be allowed to defend yourself. And whether you used a baseball bat, kitchen knife, or firearm, you'd be answerable for your use of deadly force. Alcohol would make that answering more difficult.

    All that said, I have an adult beverage from time-to-time at home and don't feel a reason I need to go lock everything up.

    And of course, there may be other rules in Michigan.

  8. #7
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    It's not illegal to be drunk in your own home with a gun. That's the recent finding of a three-judge panel on the Michigan appeals court as protected under the second amendment. Of course one drunk with a gun is playing with fire and not immune to illegal activity. But being drunk and having a gun at home is not a crime.

    Outside of the home, see Michigan Compiled Laws 28.425k
    Acceptance of license as implied consent to submit to chemical analysis of breath, blood, or urine.
    Sec. 5k. (1) Acceptance of a license issued under this act to carry a concealed pistol constitutes implied
    consent to submit to a chemical analysis under this section. This section also applies to individuals listed in
    section 12a(a) to (f).
    (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.
    It basically says,
    Michigan law prohibits carrying a concealed weapon while under the influence of alcohol. If you are caught carrying a concealed weapon with any amount of alcohol in your body, the weapon will be confiscated and you’ll face the following penalties, depending on your blood alcohol content:

    BAC of .02 – .07 = State civil infraction, $100 fine, and up to 1-year CPL license revocation.
    BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and up to 3-year CPL license revocation.
    BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CPL license revocation.
    Or you could ask the Michigan State Police.
    Americans understood the right of self-preservation as permitting a citizen to repel force by force
    when the intervention of society... may be too late to prevent an injury.
    -Blackstone’s Commentaries 145–146, n. 42 (1803) in District of Columbia v. Heller, 554 U.S. 570 (2008)

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    VIP Member Array Kilowatt3's Avatar
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    Quote Originally Posted by Pistology View Post
    It's not illegal to be drunk in your own home with a gun...Of course one drunk with a gun is playing with fire and not immune to illegal activity. But being drunk and having a gun at home is not a crime...
    I would NOT want to be caught, even in my own home, drunk and in possession of a gun in the presence of a child. You just might find that "not a crime" is not as clear-cut as it appears at first.

    Just sayin'.
    Regards,
    Jim
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  10. #9
    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by Kilowatt3 View Post
    I would NOT want to be caught, even in my own home, drunk and in possession of a gun in the presence of a child. You just might find that "not a crime" is not as clear-cut as it appears at first.

    Just sayin'.
    Two legal activities makes a crime?????????
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    If your state law on alcohol and firearms doesn't have a clause like this one in FL, it should:

    1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
    (2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
    (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    (5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

    Even a drunk has a right to self defense.
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    Senior Member Array RKflorida's Avatar
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    Can't answer until I know what you were watching on TV.

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    VIP Member Array 40Bob's Avatar
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    My house, my rules. Don't like the rules stay out of my house, ESPECIALLY if you are not invited.
    My rifle and pistol are tools, I am the weapon.

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    You shot the intruder, you popped a beer to calm your nerves while you're waiting the 45 minutes it's going to take the police to arrive.

    Seriously though, in a home invasion situation, I don't think it is going to matter if you had a drink or 2 before defending yourself.
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  15. #14
    Ex Member Array Manderinobyebye's Avatar
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    I don't care what i'm drinking,or what i'm doing..Someone breaks into my home,i'm going to do my best,to make sure,they never get a chance at all,to harm me..
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  16. #15
    VIP Member Array Kilowatt3's Avatar
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    Quote Originally Posted by Kilowatt3 View Post
    I would NOT want to be caught, even in my own home, drunk and in possession of a gun in the presence of a child. You just might find that "not a crime" is not as clear-cut as it appears at first.

    Just sayin'.
    Quote Originally Posted by Harryball View Post
    Two legal activities makes a crime?????????
    Is being drunk and in possession of a gun in the presence of a child legal in your state? If you think so, you really don't understand the situation.
    Regards,
    Jim
    NRA Life Member

    He that cannot reason is a fool. He that will not is a bigot. He that dare not is a slave. - Andrew Carnegie

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