Carrying while intoxicated

[BehindBlueI's]

Example being that you were having a good time drinking or what have you and someone comes breaks into your house and your stills intoxicated when you defend yourself. Saying maybe the prosecutor would be like "oh he's been drinking and his judgement was impaired or is our law cut and dry? That's what I'm saying. Just curious. Maybe some LEO guys can chime in or an attorney. Just food for thought in today's world...

We chimed in back in 2013. Nothing has changed.

Why? A good shoot is a good shoot, regardless of your BAC. If I'm drunk in my house and someone breaks in, should I ask them to leave and come back when I'm sober?

I won't insult anyone's intelligence and explain alcohol's affect on what we perceive as "reasonable", and everyone *should* know their own limits with adult beverages and make the responsible choice. That said, the defense will be judged as "reasonable" based on what a sober person would have done. IC code specifically forbids voluntary intoxication as a defense, but it does not make it an overrider for an otherwise good defense shooting.

 

[Lex Concord]

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 ) 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.

Finally, an explanation for Kirk's tights

 

[LCSOSgt11]

Stupid yes, illegal no.

 

[LCSOSgt11]

Stupid yes, illegal no. If caught doing so, possibly disqualification/nullification of permit if arrested, i.e. Public Intoxication, Operating While Intoxicated, and so forth. Something to consider.

 

[JettaKnight]

Stupid yes, illegal no. If caught doing so, possibly disqualification/nullification of permit if arrested, i.e. Public Intoxication, Operating While Intoxicated, and so forth. Something to consider.

Poppycock!

You conflating two separate issues - carry while having BAC > .01 and driving while having BAC > .08.

The two are separate, and we're discussing the former, not the latter.



And what's this permit you speak of?

 

[HoughMade]

Justified is justified, as has been discussed.

This. Either you were in a reasonable fear of imminent death or great bodily injury or not. The key is that your fear is reasonable. Never drink to the point your reason is impaired. Drinking should be more like a dimmer switch, less like a toggle. If you have to get drunk every time you drink...self-defense, as important as it is, isn't the first issue you need to be dealing with.

 

[Crittersdad]

Dumb move but not illegal.

It should be illegal.

Lots of ignorant oil and firearms Stupid yes. Illegal nodont mix.

 

[Dead Duck]

This. Either you were in a reasonable fear of imminent death or great bodily injury or not. The key is that your fear is reasonable. Never drink to the point your reason is impaired. Drinking should be more like a dimmer switch, less like a toggle. If you have to get drunk every time you drink...self-defense, as important as it is, isn't the first issue you need to be dealing with.

But the girl I'm taking home is real ugly.

 

[HoughMade]

But the girl I'm taking home is real ugly.

...and if you know that, then your reason is not YET impaired.

 

[rhino]

...and if you know that, then your reason is not YET impaired.

Dimmer switch, remember?

 

[Dead Duck]

...and if you know that, then your reason is not YET impaired.

Oh my reason is sound, I just need to keep drinking until my vision is impaired.

 

[JettaKnight]

Dumb move but not illegal.

It should be illegal.

Lots of ignorant oil and firearms Stupid yes. Illegal nodont mix.

Because we need more laws.

 

[voidsherpa]

It should be illegal.

And at what BAC does your right to self defense cease to exist? Sounds like you should move to OH

 

[MinuteManMike]

I don't know about other people, but even though it's legal to get drunk while carrying, it's a deal breaker for me. I do not think it is responsible, so I do not do it.

Carrying a firearm has actually stopped me from getting drunk. I used to get drunk occasionally. Since I started regularly carrying, I have not gotten drunk and there have been a few times I made the decision specifically because I am carrying.

I honestly think that regularly carrying a firearm has helped me to be more conscious of my actions and more deliberate in my decisions.

I have often said carrying a gun is "sobering"... but I never meant it literally!