State of Georgia states that you can actually use a firearm if absolute life & limb is at risk, but it also states that using a firearm under the influence of alcohol can be a prosecution.
With that they also detail discharging a firearm while under treatment of Legal prescription drugs. So if you are in need of medications and discharge you can face prosecution.
Lastly, it also covers the same for marijuana use. Test will be administered to determine just how influenced a person at the time is.
I get the alcohol / marijuana thing. Now with the prescription medications I can see (2) sides : (1) Being the potential side affects / potential misjudgments of a justifiable shooting, on the other hand if a person is capable - truly capable of handling a said medication they should not be prosecuted.
It was late 2018-early 2019 and I saw a case go to trial. The determination was although it was a justifiable defensive shooting , the individual defending himself was under the influence of prescribed medication.
Lastly, when I went to apply for my CCW here in Ga I was asked if I had a medical marijuana card in Ga or any other state. Then it was explained that if the answer was âYesâ then Iâd be automatically disqualified. If I replied âNoâ and an investigative background check discovered differently then the person stating âNoâ that had actually obtained a medical marijuana license just committed perjury and would face up to 5 years in the State Pen⊠I was then asked again about it, If I understood the question, and understood the penalty of given a sworn truthful answer?
Then I was asked in a finaleâ âDo you wish to remain with your answer at this time?â, I replied âYes, I donât have that card nor applied for one- you canât here anyways⊠this state is stuck in the 30âs refer madness objectionable position.â
The lady said with a smile, â Itâs not a laughing matter no matter how true, but it is the law!â Very sternly.
That is a clear sign that if they legalize marijuana on a national level say good bye to the 2A⊠guarantee it.
Interestingly, the SCOTUS ruled the requirement of a felon to register firearms unconstitutional under the 5th Amendment protection of self-incrimination. It would seem that the same should apply to that Marijuana stipulation. Yes, regardless of whether or not a state âlegalizesâ Marijuana, it is still a federal felony to use or possess Marijuana while in possession of a firearm. The Democrats pulled the wool over peopleâs eyes by declaring pot âlegalâ in a state when it is a federal crime. If they really wanted it âlegalâ, they would have done so on the federal level when they were in power. That they did not, proves that was not their intent. That stands to reason as they were the ones to pass the 1937 act, signed by FDR, to begin with.
I just finished CCW in Illinois and if you need to use a weapon it had better be a perfect case of self defense otherwise you are spending time in jail. That said, the situation might not matter if you had been drinking. You are authorized to use deadly force if you feel the threat of death or grave bodily injury. The perpetrator needs to have ability, opportunity, and intent. If they are in your house they have met the opportunity part. If they arenât a ninety year old grandmother they probably meet the ability part. Intent is harder to show. But if someone is kicking in a door, making a lot of noise, they arenât there to sneak around and steal your nic-naks. Opportunity, ability, with violent mode of entry is enough for any juror to feel that you were justified to fear for your life. Like the rest of you I would also like to hear a response to this question from the USCCA legal department.
Nice post; It gives you food for thought.
@Douglas71.
Welcome to the community
Train Hard and Stay Safe
I would hope so. I never over indulge. Even at a big 4th of July cookout that I have every year at my home where I have lots of friends and family over, I wonât have more than three beers over the course of the entire day and evening. But if something really bad goes down (I wonât elaborate, you know the drill), I therefore cannot shoot? Or maybe I can, but itâs still a class A misdemeanor (big fine and jail time in Wisconsin).
I acknowledge the standard reply: âIf your so worried about it, donât drink.â
So does anyone have any web links to real-world court decisions in such a self-defense scenario?
My old Sheriffâs Dept in L.A. County has a policy now that if you are going out in public to drink you leave the gun at home. I donât drink in public and may have 2 beers at home or a glass of wine. No requirement for active duty to be âfit for dutyâ 24/7 like NYPD.