Carrying while intoxicated

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  • Cameramonkey

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    Really what made me think about it I read a story about a guy defending himself and they said if you are breaking the law then selfdefense laws don't have exactly apply. I'm sure they were talking like a felon in possession or something but just made me think would bring drunk and defending yourself cause concern? Didn't think so but wouldn't to clarify it.

    I'f I'm 2 Seven and Sevens and 6 Yeunglings into my night and somebody kicks in my front door, what I have been doing is irrelevant. Whether I shoot him or my sober wife who is rousted from bed does (he's lucky she shot him instead of nagging him... NOBODY wakes mamma up without getting an earful :): ) its irrelevant. He deserved what he got for doing what he did, so says state law.

    Now if I'm in Broad Ripple drinking at the same rate and an altercation happens and I end up dropping somebody, then the water can get pretty muddy. Did I start it? Did I encourage the confrontation? (be macho and run my mouth and not try to diffuse) That is a whole 'nother ball of wax.
     

    Cameramonkey

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    Or as I know as it's not advisable carrying firearm while drinking but I have met people in a bar and had a few drinks. Not trashed or anything but what if? What if the unthinkable happen? Should I think twice?

    For a reliable answer you can take to the bank if you are concerned, I'd suggest talking with either Guy Relford or Kirk Freeman (AKA the Batman and Robin of all things Indiana 2A related :laugh:) on a paid professional visit. The answers you get here are worth what you pay for them.


    For me I just dont have more to drink out than I can lawfully operate a motor vehicle so I dont have to worry about that. (and I dont act like a macho jerk, etc) Besides, its cheaper to drink at home.
     

    bwframe

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    If you think you need to be concerned about self defense while intoxicated, then you should certainly listen to yourself.
     

    1911ly

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    CountryBoy19

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    Now if I'm in Broad Ripple drinking at the same rate and an altercation happens and I end up dropping somebody, then the water can get pretty muddy. Did I start it? Did I encourage the confrontation? (be macho and run my mouth and not try to diffuse) That is a whole 'nother ball of wax.
    And even still, being intoxicated doesn't change the facts of the situation. If you encourage the confrontation by running your mouth while sober it is factually the same as if you were drunk. The only difference is that you may not have chosen the path/actions you chose if your state of intoxication was different. Maybe I'm being too black & white about it, but then again, I don't like bars, I don't generally get intoxicated in public, and I don't get aggressive/offensive when I am intoxicated so I've never been in a position with which I can assimilate to somebody that would cause a confrontation while drunk, but not while sober.
     

    JettaKnight

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    If you think you need to be concerned about self defense while intoxicated, then you should certainly listen to yourself.

    That's probably the best answer.


    INGO is replete with, "if a DA wants to make an example...", yet there's rarely any actual court cases; occasionally one or two. (e.g. gun modifications) I would think a more pressing concern would be your reaction times, not the prosecution afterwards. As for me, I will continue to imbibe at home, yet never to excess.



    PS - Michigan's law sucks on this. If I'm traveling home, legally carrying, and want to stop at Dark Horse for a beer... :rolleyes:


    PPS - We need to take Cameramonkey out to a bar and refine his palate. It's not as bad as Zima, but 7&7's and Dingaling? yuck.
     

    MarkC

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    I think to summarize what's been discussed here, if the facts and circumstances support the use of deadly force, then deadly force is authorized, regardless of the shooter's BAC.

    Protecting one's castle is far, far different from being out at Broad Ripple at 0200 three sheets to the wind.

    If there are any questions as to whether it is a good shoot or not, being intoxicated is one of those "bad facts" which can cut against the individual employing force.

    Also, although this isn't really on point, LEOSA specifically does not apply to an officer/qualified retired officer who is "under the influence of alcohol or another intoxicating hallucinatory drug or substance." "Under the influence" is not defined in the statute, so some LEOSA advice has been to avoid drinking in public while carrying under LEOSA.
     

    HoughMade

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    Are you (or another) in reasonable fear of imminent death or serious bodily injury?

    One's state of inebriation does not change that...though it may play into how reasonable your belief was when it has to be explained after-the-fact.

    In sum...if you are concerned about a self-defense situation, stay in command of your faculties (which is decidedly a different thing from whether or not you drink) ...and when are you not concerned about a self-defense situation?
     

    Tanfodude

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    This .08 of BAC effect is different for everyone. I could take 6 bottles of premium beer (6% and above) and still be the same as I started. I'll be bloated as hell though.
     

    MarkC

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    Are you (or another) in reasonable fear of imminent death or serious bodily injury?

    One's state of inebriation does not change that...though it may play into how reasonable your belief was when it has to be explained after-the-fact.

    In sum...if you are concerned about a self-defense situation, stay in command of your faculties (which is decidedly a different thing from whether or not you drink) ...and when are you not concerned about a self-defense situation?


    As usual, Hough can make the points succinctly, and, well, to the point.
     

    Dead Duck

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    If you think you need to be concerned about self defense while intoxicated, then you should certainly listen to yourself.


    Uh-
    As long as you listen to your sober self and don't pay any attention to your drunk self. :n00b:

    I will say that my drunk self is more fun to listen too. My sober self is kindof a tightwad.
     

    Thor

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    Part of me says I need to stop drinking this much. The other part says "don't listen to that guy, he's drunk".

    Alcohol doesn't solve any problems...then again neither does milk.

    Today's Soup: Whiskey with Ice Croutons

    I don't normally cook...does anybody know how much vodka you add to mashed potatoes?

    I pretend to like people every day. It's called being an adult. That's why we're allowed to buy alcohol.

    You're not really drunk until you are speaking fluent Ozzy Osbourne.

    "Alcohol may intensify the effects of the medication" I never know if this is a warning or a suggestion.

    I only drink a little, but when I do, I turn into another person, and that person drinks a lot.

    Positions of zero tolerance are generally intolerable in all things. I'm off to refresh my mead.
     
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    Dead Duck

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    Part of me says I need to stop drinking this much. The other part says "don't listen to that guy, he's drunk".

    Alcohol doesn't solve any problems...then again neither does milk.

    Today's Soup: Whiskey with Ice Croutons

    I don't normally cook...does anybody know how much vodka you add to mashed potatoes?

    I pretend to like people every day. It's called being an adult. That's why we're allowed to buy alcohol.

    You're not really drunk until you are speaking fluent Ozzy Osbourne.

    "Alcohol may intensify the effects of the medication" I never know if this is a warning or a suggestion.

    I only drink a little, but when I do, I turn into another person, and that person drinks a lot.

    Positions of zero tolerance are generally intolerable in all things. I'm off to refresh my mead.

    Some of those sound like W.C. Fields quotes.
     

    Nam1911

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    Everyone is entitled to their own opinion. I drink and carry. I have NEVER ever even considered drawing for the hell of it to show off. Thats not who I am. I know I can control myself. Having some drinks doesn't strip me of my rights to defend myself and my loved ones.

    My opinion is if you can't control yourself after some drinks than you shouldn't drink at all.
     

    Xrage

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    Life is all about choices. If you choose to drink leave your gun at home, if you don't want to leave your gun at home then don't drink. Even if it's not illegal it's an incredibly bad idea. Even if you are justified in using your weapon while drinking any halfway decent prosecutor will tear you apart in the courtroom.
     

    hpclayto

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    Life is all about choices. If you choose to drink leave your gun at home, if you don't want to leave your gun at home then don't drink. Even if it's not illegal it's an incredibly bad idea. Even if you are justified in using your weapon while drinking any halfway decent prosecutor will tear you apart in the courtroom.

    Justified is justified, as has been discussed.
     

    bwframe

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    Is this the time to start the conversation again about recreational chemical alterations of the brain? Why do we do such things? :dunno:
     
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