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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'.)
 

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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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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!
 

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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.
 

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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).
 

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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.
 

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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...
 

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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.
 

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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'.:king:
Even if it takes a few extra shots (darn those moving, multiple targets)...he'll still be working on an early dirtbag retirement.:yup:

I don't see any problems arising because of a few drinks in one's own home.OMOYMV
 

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I'm assuming you meant 20 oz Glass, but that's still legal in FL.
 

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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.
 

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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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A person would have to defend his home,whatever the deal.Non drinking would be better if there was some question about the situation.It has become so that the BG gets a pass with the legal system if he is impaired but the citizen does not.Like a lot of other things, nothing fair about that.
 

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I'm guessing the fact that someone battering your door late at night will have remarkable abilities to sober you up a bit real quick! It's like magic. :wink:
 

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The facts of a situation in which a violent felon has committed the act he has doesn't change because one is imbibing. But it can become more difficult to lay claim to good judgment and the judiciousness of one's actions to repel such violence, of one is found to have judgement-altering chemicals in the body after such an encounter.

It's one of those "three stupids" type things that we should all keep in mind simply because of how the world works, how the world (the DA/LE/jury) can be against us merely because we're found to have been imbibing, 'cause that knowledge helps "close" a case. It is what it is. I'd just prefer to not step into that bear trap, myself. Seems pointless, when such self-inflicted stupidity is so easy to avoid, by avoiding drinking to the point of it affecting judgment. (Which isn't much different than, say, eating to the point of waddling and serious discomfort.)

Thankfully, I'm not much of a drinker at all, so it's no big deal for me to have merely a sip of wine on occasion. I'm never drinking anywhere near the point at which it affects me (couple of sips on a meal can't do that).
 

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You just have to take the extra seconds needed to be sure its not one of your kids or some other person that may have used poor judgement coming into your home unannounced BUT that you do not want to shoot!
 
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I wouldn't risk a defensive shooting if I've been drinking,,,,,,,,, I wouldn't want to have the "gubmint" upset with me. We all need to do want the "gubmint" wants us to do,,,, cuz it is for our "safety" and it is "for the children.

Your best bet would be to let the intruder beat you to death. Barry, Joe, Nancy, Diane and Mike appreciate your cooperation it this matter.
 
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