Boozing and having to shoot someone in...

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aklover

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Your own home...

I've never seen an appropriate answer to the question of drinking in one's own home and having to shoot a home invader(s).

I like my booze, yet I still carry something in my pocket all the time until bed time. I know nobody can give a clear cut answer, but I really wonder what would happen to a homeowner who blew a 0.08 or more after shooting someone who obviously kicked a door in or broke a window and was armed. Have there been any cases in CT where this actually happened? Seems like it's not out of the realm of possibilities. [thinking]
 
alcohol and gunpowder don't mix

I'd hate to be the defendant in a civil suit, or criminal case, where there was going to be a cop testifying that when he responded to a call for a housebreak with shots fired he found the homeowner with a firearm, and in the opinion of that officer the homeowner was unsteady on his feet, his speech was slurred, his eyes were glassy and the officer smelled the odor of an alcoholic beverage about the homeowner.
 
I don't get to the point of being unsteady on my feet, but I'm sure I get to 0.08+ on occasion. I don't buy the "smell" thing because ANY alcohol can be smelled on one's breath whether it's one beer or one shot of whiskey. Neither one is going to put someone over the legal limit.

Civil suit? Yes. Criminal? If it's a good shoot, it's a good shoot, right? Too bad CT isn't like TX where if you are not criminally charged, then they cannot bring a civil suit against you. Probably never see that in CT, though. Too many damned lawyers. [rolleyes]
 
you have a dead intruder. you are under no obligation to retreat from your home, under the influence or not, IMHO, the PD would grab you...even though the intruder was clearly in the wrong.
You'd drop college tuition defending yourself, even if you got off ,your LTC is gonzo.
 
The question isn't "What will happen?" You can't fully control that. The question is, "What should I do?"

At some point in your life, you may realize that more than one or two drinks is not really a healthy practice. That, or not drinking at all, is the best answer.

If, however, you do regularly drink more than a few drinks, the question becomes "Should I be armed in my own house when I have been drinking?" I think you know the answer to that. I do not. It depends on how you react to drinking more than a few drinks, how you handle a firearm when drinking that amount (we are not supposed to know the answer to that, but some of us do), and what the likelihood is of needing a gun when you're at home, i.e., how easy it is to forcefully enter your house, whether there have ever been any forcible entries in your neighborhood, etc. In my opinion, the answer has NOTHING to do with any legal issues after the fact. You already know that you're not supposed to be doing anything with that gun unless there is a threat of death or serious bodily harm to the innocent. If that situation comes up, legal aftermath is irrelevant.

Hope this helps.
 
Please, spare me the just "don't drink" argument. [rolleyes]

I'm sure you do a lot of things that aren't "healthy", either, but that has NOTHING to do with my original post.
 
I don't know about CT, but I'd think that here in MA, the Ragsdale case provides at least one precedent: Ragsdale had been drinking the night/morning of the shooting, and was not indicted. Of course, he did lose his LTC, but that case was also very different than the scenario you'd described.

(For the record, as I type this, I'm at home for the evening and nursing a bourbon while carrying...)
 
Last edited:
aklover said:
Please, spare me the just "don't drink" argument. [rolleyes]

I'm sure you do a lot of things that aren't "healthy", either, but that has NOTHING to do with my original post.
Click to expand...

It wasn't an argument. Go back and read the post.

You don't like answers? Don't ask questions!
 
I think if I was home and had to shoot someone, there's a chance I would need to have a drink or 2 to calm my nerves after the incident but before the authorities arrived. I'd also like to think that the call to my attorney was back-to-back with the 911 call.

Just thinking out loud.
 
First off.....If I'm at a point where I feel I need to put a bullet into someone, that means I'm in REAL fear of my or my family's safety. Once I'm at that point, how many drinks I've had will be the last thing I'm thinking about.

Best bet would be to keep your mouth shut until you can speak with your attorney, this holds true whether you've been drinking or not. The lawyer will stand a much better chance than you will at making a jury question if you were drinking before of after the shooting. Perhaps you were so distressed by the shooting you were trying to calm your nerves with a drink or several.

Edit....It looks like OnTheRoad beat me to the punch.
 
If it were me i would shoot the intruder and if the cops didnt show i would wait till i sobered up before i call
 
IANAL, but sounds like a ripe case for a "Doctrine of competing harms" defense.

While not prudent to mix guns and alcohol, which is worse; shooting someone in self defense while under the influence, or being killed by someone while under the influence?

I know what I would do.
 
Ah, guns and booze. Two things I rather enjoy. It's just unwise to enjoy both at the same time. Like drinking and driving. I like drinking. I like driving.
But don't do both at the same time!!

Sooooo, while drinking at home, lock up your guns. Keep a good can of OC and a baseball bat by your side. Spray and swing, spray and swing.

And here's a related question: How many of you practice with your OC?
OC is cheap enough, practice with it! Provided it's not a windy day, go out in the woods, staple a paper plate to a tree at head level, draw a set of eyes on it, and practice drawing and spraying! It's kinda fun!!

Stay safe
45collector
 
45collector said:
And here's a related question: How many of you practice with your OC? OC is cheap enough, practice with it! Provided it's not a windy day, go out in the woods, staple a paper plate to a tree at head level, draw a set of eyes on it, and practice drawing and spraying! It's kinda fun!!
Click to expand...

I think if dumbass thugs can handle their graffiti spay paint cans, I'll be just fine.
 
45collector said:
And here's a related question: How many of you practice with your OC?
OC is cheap enough, practice with it! Provided it's not a windy day, go out in the woods, staple a paper plate to a tree at head level, draw a set of eyes on it, and practice drawing and spraying! It's kinda fun!!
Click to expand...

Actually, practice spray is cheap and can be used indoors.

Good idea of coupling a ball bat with the OC, because as some people have witnessed, OC does not always work immediately and you may need to deploy that ball bat.
 
If I were able to stop an intruder from harming me,that should be evident that I am not to drunk to perform.There is no law regarding how much you drink in your own home,providing you are not harming or endangering anyone else.At least not yet.
 

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