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General gun discussions This is a place to lounge and discuss firearm related topics with other forum members. |
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#1
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My BAC is .09 and I shoot in self defense... what happens?
I'm sitting here in a certain state of buzzness, wathcing UCLA get whooped.
Lets say someone breaks in, I know I'm not "under the limit" but I feel threatened and shoot. Do I have extra risk of civil suit based on BAC? |
#2
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I dunno man.... but your fellow bruin's about to grab another beer out here. Pretty sad game.
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#4
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You're likely to face a civil suit no matter what. Being buzzed certainly won't help matters but a clean shoot remains a clean shoot. Buzzed and facing a civil suit is certainly preferable to dead.
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#5
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ugh... aim low and good luck, all I have to say lol.
I'm still angered how people think they can sue even after they've stolen your car or broken into our house... how american is it that a man can sue you after he broke his leg, breaking into your house. I miss communism...
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#7
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I was recently a juror for a trial where someone was shooting under the influence. Granted, I live in Wisconsin where most people are at least "O.K." with firearms and defending ones self.
I would say, personally, that if it was a situation where you were indeed afraid for your life and self defense was needed to end an imminent threat, you would be ok. |
#8
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If you are in a location requiring a LTC then your in trouble. If you are at home and it is a good shoot, you'll probably get a high five from the responding officer.
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OIF 07-09 Veteran NRA Endowment Member, CRPA Life Member |
#9
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I doubt any sane person would argue that your right to defend yourself and your family in your own home goes out the window because you've had a few (perhaps even several) beers.
However, as others have already mentioned, the fact that you are under the influence can and undoubtably will be used against you in any civil matter that results from the shooting. No decent plaintiff's attorney is going to ignore your BAC. |
#10
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There are no CA state laws that prohibits the possession/carrying/use of a firearm while under the influence of alcohol.
It would be another factor for consideration, when determining if the shoot was justified or not by the responding LEOs and by the DA's Office. It can be used aganist you, when you are sued in civil court by the person/family of the person you shot. Under NV state laws [NRS 202.257]... It's legal to possess/carry/use a firearm, as long as your BAC is under 0.10.
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"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001). Last edited by Quiet; 10-02-2011 at 5:35 AM.. |
#11
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It's simple. When the cops show up you tell them that you were cold sober when you shot the guy, but then immediately downed a fifth of bourbon to calm your nerves after the shooting.
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__________________ "Knowledge is power... For REAL!" - Jack Austin |
#12
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Why would they even consider taking your BAC unless your stumbling around or slurring?
.
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The deterioration of every government begins with the decay of the principles on which it was founded. Charles-Louis de Secondat (1689-1755) Baron de Montesquieu In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box. Steve Symms, ex-U.S. Senator, Idaho |
#13
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If your home and someone breaks into your home - say nothing more than he broke in I shot him then call a lawyer. There is no reason for them to give you a sobriety test in your home so let the lawyer handle it. These days the police are not what you have to worry about it's the DA and there political motivations and aspirations - god help you if you shot a black person and your white in oakland - better get two lawyers Last edited by stormy_clothing; 10-02-2011 at 1:48 PM.. |
#14
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Think it through. Say "I'd like to speak to my lawyer", nothing more. The next day when you make your statement, you'll be fully sober. |
#15
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Unless you are .09 and driving a motor vehicle around the inside of your house you don't have a problem. The "over the limit" you are talking about is for DUI. Any alcohol or drug impairment will cloud the situation some. Bottom line is if you were involved in a justifiable shooting it doesn't really matter. Just stand by for the crooks lawyer to make you out to be a raving alchy or drug fiend to the civil jury though.
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#16
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Well, I guess the alternative is not shoot and get hurt or killed.
I know what I'd do. Then I'd call a lawyer and keep my mouth shut.
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It cannot be inherited, nor can it ever be purchased. You and no one alive can buy it for any price. It is impossible to rent and cannot be lent. You alone and our own have earned it with...Your sweat, blood and lives. You own it forever. The title is....."United States Marine". |
#17
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LMFAO That's got to be the best answer ever. Yes! and you need a witness to go with that. Say your drinking buddy or something. This way he needed a drink too.
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STUFF FOR SALE RUGER 10/22 Custom tack driver GoPro Hero and Logitech Harmony Universal Remotes RCBS Lee and Lachmiller Pistol Rifle reloading dies & RCBS 4X4 Shell Plates Last edited by glock 357; 10-02-2011 at 6:57 PM.. |
#18
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Threadjack/sidenote
Well, as I sit here in Vages having a grand old time, If I were .09 id still be legal to Carry with my LTC here. The cuttoff is .02 higher then for DUI with a Nevada Permit. It sounds strange as it should from someone from CA, but tis true. I remember my first time at the Reno Gun show discovering they serve alcohol at the freakin show! It was like the twilight zone coming from CA. And keep in mind that there is not blood running in the streets and the puppies arent being slaughtered by the dozens either. It works. And although I think its not too bright to target shoot/hunt, etc with a buzz, I see absolutely no problems LTC while out on the town. Unless of course your one of those **** stirring, ill tempered sorta folks who cant act right while drinking. Then you should leave your gun behind.
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#20
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There are two fights: 1. For your life and 2. For your way of life (criminal and civil trials)
If you are under the influence of something during 1, it will make 2 a little more difficult for you to win.
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"Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022 NRA Endowment Life Member, CRPA Life Member GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun! I instruct it if you shoot it. |
#21
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you go to Jail. state legislature feels that being drunk in your own home means you deserve to be robber and or murdered. if your BAC is higher tha.09 they also feel you should be forced to watch your wife/daughter raped as well.
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Blue Blooded Republican Prick. |
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