So I'm certain that I'm not the only member here who enjoys a beer or two every now and again, or whiskey, or wine or what have you. With that, I have a question. Obviously away from home this is not a problem because carrying in public and drinking is not only dangerous and stupid, it's also illegal. Thus, I don't drink in public anymore cuz I'd rather carry. But what about at home? What if, while you're home and you've been drinking, you're forced to defend yourself and your home? Could/would that be used against you to turn a self defense case into a murder trial? And I'm not talking about stammering and falling on yourself like your shoes are tied together. But let's say you're just above the legal limit for driving?
Good question. And, that is a big "what if"
My personal thought (hope) is that it would only be used if the shooting was questionable in the first place. Whether that is true or not, I don't know. I would think a prosecutor would be wary of a public backlash if it was a clear-cut case of self defense.
On this same subject, I could have sworn when I first read the SDA about 7 years ago the section about alcohol had a preclusion saying nothing in it prevented someone from using a firearm for self defense at home, but I could not find that language in the previous or current version of the SDA. I may have been misreading. I know other states (either SC or Alabama at least) have that language.
On this same subject, I could have sworn when I first read the SDA about 7 years ago the section about alcohol had a preclusion saying nothing in it prevented someone from using a firearm for self defense at home, but I could not find that language in the previous or current version of the SDA. I may have been misreading. I know other states (either SC or Alabama at least) have that language.
Each shooting is going to be investigated, and the outcome will depend on the entirety of the circumstances. So your being legally drunk would be included.
But would it change anything? Don't know the answer to your question.
But let's be clear about what is in the SDA and what having a carry license means. A carry license is irrelevant inside your home and changes NOTHING concerning the laws on use of deadly force.
A carry license merely exempts you from 2 laws: carrying a gun in public and having it loaded. It gives you NO extra rights or limitations on use of deadly force. The SDA does prohibit carrying a gun in public under the provisions of the SDA if you are drunk or impaired.
But would it change anything? Don't know the answer to your question.
But let's be clear about what is in the SDA and what having a carry license means. A carry license is irrelevant inside your home and changes NOTHING concerning the laws on use of deadly force.
A carry license merely exempts you from 2 laws: carrying a gun in public and having it loaded. It gives you NO extra rights or limitations on use of deadly force. The SDA does prohibit carrying a gun in public under the provisions of the SDA if you are drunk or impaired.
Officer, I wasn't drinking before this guy broke into my house and tried to kill my family.
I was so shook up, I thought I was going to have a heart attack, so I drank some alcohol to calm myself down right after I called 911.
That would be my story, and I'd repeat it until the day I died.
I was so shook up, I thought I was going to have a heart attack, so I drank some alcohol to calm myself down right after I called 911.
That would be my story, and I'd repeat it until the day I died.
I keep forgetting to clarify, when I refer to reading the SDA I intend to say the SDA Lawbook that incorporates all of the related firearm/weapons laws for Oklahoma.
Also, in reading over it again I found:
"G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful."
Not a lawyer, but I think a convincing argument could be made that the determination on whether the use of force was lawful would be independent of the sobriety of the person shooting. IE (if someone kicks a door in, it falls under the person unlawfully and forcibly entering clause... someone being drunk inside does not change that). I would think, at most, a person could be charged with using a firearm under the influence of alcohol... which seems unlikely if it's a person who grabbed a gun at home while having a glass of wine when someone kicked the door in. Imagine the headlines...
That said, I sure as hell never want to be in any shooting situation, let alone a gray area.
I think that answers my question, tulsanewb. Thank you very much.
I'm not a lawyer but I think that tulsanewb is correct.
That being said, when push comes to shove I'm for damn sure going to protect my family and myself in my own home and worry about the consequences after everyone is safe.
That being said, when push comes to shove I'm for damn sure going to protect my family and myself in my own home and worry about the consequences after everyone is safe.
Agreed. How's it go "better to be judged by 12 than carried by 6." That said if such circumstances ever occurred in my home I'd like to know I have all the information I need to c my a.
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