Home defence and being drunk

[Nnobby45]

Why would it be that being sober would make the shooting legal, but being drunk would not? I don't know of a single law that stipulates self defense is only valid when sober.

I found the question interesting. At what point do you lose your right to defense from violent criminal attack, in your own home, where alchohol is concerned?

Easy enough to see how one could have their firearm put away while drinking, and access it in an emergency.

Unfortunately, laws aren't always clear cut---probably by design to benefit lawyers. Very easy to imagine ending up in Civil court, even if no criminal charges are filed.

Not at all suggesting one be untruthful with the police, but wouldn't they still have to prove you were intoxicated prior to the shooting? Rather than having been so distraught afterwards, that one needed a few stiff belts to calm down, and was in the process of doing just that when the cops arrived ?

 

[jborushko]

...that one needed a few stiff belts to calm down, and was in the process of doing just that when the cops arrived ?

hmm now theres a thought!!!!

 

[Frank Ettin]

...I will have a drink or two now and then. However I don't feel that this should eliminate my right to self defense....

...At what point do you lose your right to defense from violent criminal attack, in your own home, where alchohol is concerned?...

It's all well and good to focus on your right of self defense. But the reality is that if you defend yourself after consuming alcohol, there is no way to guarantee that the alcohol won't be a factor. In fact, since a big part of deciding the question of whether or not your use of force was justified will depend on your credibility, an assessment of your judgment, and the reliability of your perception, it's hard to imagine it not being a factor. Just the way it is in the real world, and it's up to you to decide how to handle that reality. You pays your money and you takes your chance.

 

[Mr Dish]

I have a very unusual BBQ grill, it won't light unless I have a beer in one hand...go figure.
I would never consider carrying if I was drinking, but I think if the stuff were starting to hit the fan, and I had to get the gun to defend my family and friends, then I would hope my fellow Americans on my Jury would understand why I had to defend myself and mine, no matter my blood alchohol level. esp if I am on my own property.

 

[LukeA]

It's all well and good to focus on your right of self defense. But the reality is that if you defend yourself after consuming alcohol, there is no way to guarantee that the alcohol won't be a factor. In fact, since a big part of deciding the question of whether or not your use of force was justified will depend on your credibility, an assessment of your judgment, and the reliability of your perception, it's hard to imagine it not being a factor. Just the way it is in the real world, and it's up to you to decide how to handle that reality. You pays your money and you takes your chance.

Exactly. "It seemed like a good idea at the time, Your Honor."

 

[WoofersInc]

It's all well and good to focus on your right of self defense. But the reality is that if you defend yourself after consuming alcohol, there is no way to guarantee that the alcohol won't be a factor. In fact, since a big part of deciding the question of whether or not your use of force was justified will depend on your credibility, an assessment of your judgment, and the reliability of your perception, it's hard to imagine it not being a factor. Just the way it is in the real world, and it's up to you to decide how to handle that reality. You pays your money and you takes your chance

Fortunately for me, my state has actually listed this in it's statutes. Any resonable lawyer will just have to bring this up to have the level of alcohol in my blood not be an issue.

"Ladies and gentlemen of the jury, I would like you to be aware of NRS 202.257. Which clearly states a person is exempt from the regulations on firearms and intoxication when he is in his home and is using said firearm for self defense."

Easy to fight when the written law is on your side.

NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.

1. It is unlawful for a person who:

(a) Has a concentration of alcohol of 0.10 or more in his blood or breath; or

(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,
to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.

 

[Frank Ettin]

Fortunately for me, my state has actually listed this in it's statutes.....

Nope, I'm afraid it won't work that way. NRS 202.257 will prevent you from being charged with a crime if you are in your home with a BAC of 0.10 or greater and have possession of a firearm for self defense. See edit below for clarification.

However, if you used your gun in what you claim was self defense, but you have been charged and are on trial for aggravated assault or manslaughter, NRS 202.257 will not keep the prosecutor from ---

[1] Putting on an expert witness to testify about the effects of alcohol on one's perception and judgment;

[2] Putting into evidence an expert opinion that your perception and judgment were impaired as a result of the alcohol you had consumed; and

[3] Using that to attack your credibility and your claim that you had reasonably determined that your use of lethal force was necessary and justified.

[EDIT] Looking this over, I see that I need to clarify the first paragraph. It really should read as follows:

Nope, I'm afraid it won't work that way. Under NRS 202.257, it is a crime (a misdemeanor) to have possession of a gun if your BAC is 0.10 or greater. NRS 202.257 also protects you against being charged with that crime if you are in your residence and have possession of the firearm for self defense.

 

[Glenn E. Meyer]

Not hard to find an expert - there are journal articles out there that tested shooting decisions under the influence and find impaired judgment on the shoot/no shoot decision in simulation.

The data exist and be easily found by someone with access to the scholarly search engines.

 

[highvel]

Just hope and pray that it never happens!
I think using deadly force is the most important decision you will ever make in life, dont make it lightly!