WOW…stirred up a hornets nest posting that thread earlier lol…lots of input on that but suppose this. So you’re home…firearms locked up and you’re drinking…so no driving no intention or need for the firearms…they’re locked away…someone breaks into your house…police are at least 20 minutes away and you’ve had a few drinks…what would you do…seriously. who’s got some good input on this?
That’s easy for me. I never have “a few.” When I drink, it’s always at home and it’s always only one.
@Randyb Just a thought, maybe you could change the title to reflect your question and so it doesn’t get confused with your other great post.
18 Minutes,… the average response time. I am not a Lawyer but, I played one on T.V.
In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication. Where a crime requires a certain mental state to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions. With regard to punishment, intoxication may be a mitigating factor that decreases a prison or jail sentence.
On the other hand, anything can be used against you by a court of law. A person of reason would have to say, Did I have to defend my life from this person? If the answer is YES then the odds should be in your favor. If you have a good lawyer and a descent jury.
I say, Pull the trigger only if you have to. If you do not have to,… then dont!
In my state it is illegal to consume alcohol while concealed carrying. At home I’m not carrying concealed so I’m not breaking the law. My first obligation is to defend my family and myself from evil. Then it’s up to my defense attorney to tell the story correctly so my right to use deadly force to save my life and defend my castle prevails.
I don’t drink outside of my home. My excuse which always works is that I’m the Designated Driver.
At home, I have alcoholic drinks bought by my kids for me or gifts from family and acquaintances.
Yes, I don’t even buy them.
However, I drink about once a week or once a month if I felt I needed half a bottle of beer* after a day of doing yard work. Or, a glass of wine if my wife cooked something that’s best paired with one. Whiskey or whisky, I drink a shot for medical reasons.
- my wife and I share a bottle
I never drink to the point that I lose self-control.
I’m mindful that there’s a loaded gun in the house and if I’m ever going to use it, I better be able to do it with a clear mind.
Suspect we’ve thought bout this as well. Interesting. Good to know the laws, have a plan, as others have advised “in moderation”, that alone can be more healthy, safer, yet still enjoyable; More than that can and has led to accidents, and crime.
One would think, a home might be the safest place one might be, you can add or build barriers, and help keep odds low of needing to “use” the firearm, especially before drinking. Designated driver? How about an evening’s designated “homesteader”?
I would hope that a court might look at the intoxicated self-defense shooter a lil bit more favorably, than one who was an intoxicated self-defense shooter – who was outside of their home.
If drinking in my home, and my life were at risk, and I had to choose, for me the choice is easy, live with consequences or die and face no court.
Let’s make sure it never comes to that. Peace.
I’m hoping that our justice system would look at it this way, whether we have more than 0.0 BAC: law abiding citizen defends self after peaceful evening was disrupted by violent home invaders.
One could get hemmed up in the legal system, though, if they had a significant blood alcohol content and the “invader” survived. He could claim he was merely looking for work mowing lawns, and the jury might decide that you imagined him to be a threat simply because you had one too many. Your word against his, but he was sober.
I’m talking about a night invasion and I don’t have a night shift that’s vacant.
Maybe he likes to mow at night?
This is definitely a concern but not one that I would allow to stop me from taking whatever action was needed in the moment to protect my family and myself. Most likely the home invaders sober testimony will be tempered by the likely fact that he was caught doing other things than mowing the lawn in the past.
I can’t remember the last time I drank to the point of impairing my judgement. It is very rare for me to drink to the point of noticeably slowing my reflexes. I have never liked being out of control of my thoughts or actions. It’s hard to maintain situational awareness when impaired.
If I don’t like my neighbors and I’m out of town, he’s hired!
I have read about cases where the victims were in various stages of intoxication and defended themselves with a firearm and found not guilty. I do not have any citations to provide, as I usually do, but I am confident in my recollection of these facts.
Hmmm don’t care about laws a lot. Care about not being a victim. Protecting those that are dear to me. Not saying it’s right just moral.
To be clear, I never suggested that one shouldn’t defend their homes. Just be aware that 1) a prosecutor might use the fact that you’ve been drinking against you, because 2) if you drink too much, it can impair your judgment and your aim.
Now you all might think you can hold your liquor. That’s fine. Maybe you can. But I’ve seen people brought to trial for rape because one beer was consumed. And as we all know, in many cases ‘the process is the punishment.’ Knowledge is power, just be aware that the judicial system can damage your family more than a burglar.
At any rate, I’d say drink responsibly. With both alcohol and firearms, know your limits.
Yeah here in Wisconsin absolutely no alcohol. Mouthwash, no no, cough medicine no sir, rum cake, better not. That rum plug you put in your lip, big trouble. Laws a little bit tight.
Woah. Even at the home no matter what?
Yeah it’s why I don’t care for some laws.mostly depends on the DA I’d guess. Breathalyzer thinks your into your cups.
My thoughts and prayers. That seems a tough mental situation for a WI having a beer in the backyard