Posted: 1/31/2005 2:07:01 PM EDT
| Here's the scenario: you are home having a few drinks, say after work, and you shoot an intruder in your home, justifiably. Are you asking for trouble since you have alcohol in your system? Would the prosecutors or civil defense attorney's eat you alive? Just a thought experiment. |
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Interesting question. I never carry when I am going to have even one beer so that I can never be accused of being impaired if I ever need to deploy my weapon. At home....hmmm...obviously, I have every right to defend myself, but I am willing to bet that some scumbag liberal lawyer will try to suggest that I wasnt actually being threatened and that the only reason I killed the intruder was because I was too drunk to make a rational choice. I think the real answer is, regardless of right and wrong......expect to be acused of wrongdoing. That being said, I would rather be alive defending myself than dead. |
I thought we were talking about at home, but anyway... In the bar situation, if were indeed self-defense, would you be charged with murder/man slaughter/whatever, violating CCW statutes or both? I'm betting the ARFcom lawyers will be along shortly. Eddie |
The scenario is IN YOUR HOME, not in a bar...read the post again...  |
1) Scenario was at home not in a bar 2) In some states you CAN CCW in a bar 3) In some states where you cannot CCW in a bar you CAN carry openly. Will some alcohol in your system get you into trouble? Nobody can say, it depends on the situation and laws of your state/local. 1) How much alcohol? 2) Was it a justafiable shoot in the eyes of the law? 3) What kind of person is the local DA? In general it's best NOT to have any alcohol in your system. |
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Lets just say that you would be more exposed than if you hadn't been drinking. Expect a defense attorney to probe what you drink, how much you drink, how often you drink, enter depositions of others that have been drinking with you re: your behavior ("how drunk does he get?" and "what is the dumbest think you have seen him do when he's been drinking?") etc etc. The DA will attempt to determine what if any effect alcohol had on the shooting, motivations etc. |
