I have read many threads discussing alcohol consumption and ccw, and can I frequent a bar restaurant. Here in Idaho the law states one cannot be carrying a weapon and be under the influence of alcohol.
Now let us take the scenario to your home, your property and you are relaxing you have had a couple of beers or 3 fingers of scotch. Your getting ready for bed and suddenly you have to defend your family from an armed home invasion. If the laws apply the same as in public, then one could say to be prepared to defend one’s self one should never drink?
Now I like my 3-fingers of scotch in the evening. I do not feel impaired (but everyone is different).
So, how do we approach our future rights to defend ourselves and protect our freedom to drink responsibly. Without providing a huge loop hole for anti gunners to force us to choose between breaking the law and a glass of wine at home? I apologize if this has been addressed else where.
Respectfully, Jerry1
What you have to ask yourself is what is a prosecuting attorney going to use against you in court? Was it a clear cut self-defense situation? I am not a lawyer and as some others have said, I did not play one on T.V. but, I think our USCCA representative attorney might shed more light upon this subject. I do not drink, as for myself, but I still want to hear what he would respond to this.
@Todd30 good questions. I am not a lawyer either but concerning 1st question… They will use anything, that can aide in their case. And, even clear cut self-defense situations can go to civil court, I think. So are we doomed to be on self- prohibition. I hope the experts can shed some light on this possible catch22. Thanks Todd30
Just my opinion, but it is a big difference if you are out and about in public. A lot more variables going on there. If you are at home and behind locked doors, I think you would have a better case for self defense. Of course, they may try to use anything against you.
I know that as a LEO in NYPD you have to be fit for duty at all times even when off duty or on vacation. I also don’t drink but a civilian doesn’t have to be fit for duty but has to decide if it’s right to use there firearm at that certain time and place. If a LEO was off duty and out and about with his family and has a few beers which impaired him if uses his firearm even if justified he wasn’t fit for duty and that’s how a prosecutor will hang them. Even if the officer didn’t hurt anyone else and the whole situation was justified it’s still no good. And let me go a step further, you do the right thing and don’t react or get involved because you knew you had a few and someone gets killed and if someone where the incident took place knew you as being an off duty LEO they can get you for dereliction of duty. I know because it happens a lot in big cities like NYC. Your damned if you do and your damned if you don’t. Just wanted to share what LEOs face on a day to day basis. So even if you are home drinking you have some explaining to do.
I think the level of impairment would come into play
Slightly buzzed because you and wife shared a bottle vs completely hammered from drinking a case of beer while watching sports.
You are correct when it comes to a civilian, not a LEO.
This hit the nail on the head. Everyone is different and every self-defense incident is different.
There is no one size fits all answer to this question. A few things to consider:
You’re at home and someone comes into your locked home uninvited - do you have any idea what their intentions are? (Exact intentions, no, but they’re not in your house to bake cookies.) Be sure to keep your home locked and secured whether you’re enjoying an adult beverage or not.
Is the intruder drunk themselves and just lost? Have you isolated the target? Do you know your target?
What is your tolerance level? If you’re having three fingers every night, you may be a bit more tolerant to the effects of that specific alcohol.
Would any other level of force stop the threat?
Can you articulate why you did what you did?
There are a lot of factors to consider and I may have just muddied the water instead of clearing it up for you, @Jerry1. I would suggest talking with your local law enforcement or DA to find out what their take on the situation is - that can be very helpful in your legal defense.
Thanks so much for all your responses! Excellent thoughts. @Johnnyq60 thank you for your service being fit for duty 24/7 is no easy task. I kinda figured that there was no perfect/simple answer… This is one of those mental exercises we need to continue to discuss as responsible gun owners and protectors of the 2nd amendment. Every day we need to be using our most important weapon our brains and common sense. I believe moderation in all things. Thanks @Dawn and stay fit @Johnnyq60.
My wife is a member here as well. On nights I do have a few I hand off the firearm to her.
Another reason why I seldomly imbibe. Same for taking any medication. Both are judgement LIMFACs. With heightened tensions in our country, I don’t need the additional distractions. Both mess with sleep. During the weekdays that may only be 4-5 hours a night. Not much time for a brain reset.
So, if a detective or officer walks into a bar, but needs help walking out, is there any punishment? No parties allowed, etc?
Why have a regulation that is not enforceable.
Thank you for your service! I cannot imagine the inner strength to continue your vocation. I salute you sir.
If you don’t get involved in any incidents while you are drinking you are ok. Also I did cab it when I was drinking and didn’t take my firearm.
Define incidents. E.g., robbery happens and you the bad guy ends up in the hospital, would the brass discipline you?
According to Webster’s dictionary an event or occurrence.
Happy birthday brother
Danny, I have noticed, in at least several posts, that you are extremely negative toward LE. Remember, judge not, lest you be judged. I am an Atheist, yet, understand the nature of those words. @Johnnyq60 is a good person. His posts are always thoughtful and good.