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Old October 20, 2001, 06:46 PM   #1
exilefromhell
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Scenerio

You are in your living room and are watching a movie w/the family. You have had one or two alcoholic drinks at this point. A BG busts in...what do you do? Would you still have a firearm on you if you are drinking? Would you second guess shooting someone if you have been drinking? What are the legal concerns that are involved?

Thanks
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Old October 20, 2001, 08:00 PM   #2
Jay Baker
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"A Bad Guy busts into my home..."

He's bought and paid for, right there, whether or not I've had a couple of drinks. And yes, I ALWAYS have a handgun on me.

(Of course, on the other hand, being politically correct and all that, I suppose I could neutralize the situation by offering him a drink of Scotch and some Brie, and we could negotiate as to whether the teeeveee set were his and the silverware were mine.")

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Old October 20, 2001, 09:31 PM   #3
exilefromhell
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lol!!!!!

but will the cop have anything to say when they arive about you smelling and looking like you downed a few

lol!!!!
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Old October 20, 2001, 10:23 PM   #4
garrettwc
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I can hear the attorney now. "Ladies and gentleman of the jury, the victim mistakenly walked into the defendant's house, and was shot by the defendant who was under the influence of alcohol"

Would I still shoot yes. Then I call 911 and my attorney, in that order. I tell the arriving officers, he attacked me, I feared for my life, I defended myself, I want to speak to my attorney. Then shut up.

Tell the attorney about the two drinks, and have him ask for a breathalyzer. If you only had a couple of social drinks then the test will prove your blood alcohol content at the time. You have already gone a long way to taking that argument away from the prosecution.

The "my home is my castle" doctrine applies in most cases, and self defense is predicated on what a reasonable person would do. The prosecution will likely argue that the alcohol made you unreasonable. You and your lawyer must prepare for this as part of your defense.

YMMV
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Old October 20, 2001, 10:28 PM   #5
Spectre
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1. Defend with force, if necessary.
2. Call 911.
3. Drink a quart of water.
4. Await police response.
5. Give shortest statement possible.
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Old October 20, 2001, 10:48 PM   #6
Fred Hansen
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Spectre,

I agree with you except for #5 Iwould change that to "Say nothing until your lawyer is present."

In general the law is in the homeowners favor in a case like this, but it varies radically from state to state. A good lawyer would argue that you were presented with exigent circumstances in the above scenario. I think that it is generally considered to be "the greater good" that the bad guy eat it vs. a slightly intoxicated citizen and his family being offed.

If you live in the communewealth of Massachusetts or the worst parts of the PRK then you are doomed, and you will probably do time.
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Old October 20, 2001, 10:54 PM   #7
Spectre
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My idea of a statement is:

I was in fear for my life. I'm really shook up, so I'd like to wait until I speak with my lawyer for any further statement.
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Old October 20, 2001, 11:42 PM   #8
Fred Hansen
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That would work.
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Old October 21, 2001, 02:54 AM   #9
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I reckon the first order of business would be to pull the dogs off the BG. Then restrain BG and apply first aid.
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Old October 21, 2001, 09:48 AM   #10
LASur5r+P
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What they said

I agree with Walther and Spectre said.
Just be ready for the wild roller coaster ride from the civil lawsuit to follow (from the survivors of the perp)

The BG that gets to my house has to get past the dogs, then the alarm or visa versa depending on where the dogs are at the time (inside or outside), oh yes, plus a motion detector alarm on the perimeter of the house, and the outdoor motion detector lights.

Paranoid? Naw, just because I believe they're coming?
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Old October 21, 2001, 11:37 AM   #11
exilefromhell
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I knew that this scenerio would be popular, because it is more common than not.
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Old October 22, 2001, 07:02 AM   #12
Little Buck
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BG broke in.
I feared for my life and waxed him.
I was so shook up waiting for you guys (the cops) I had to have a drink.
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Old October 22, 2001, 08:08 AM   #13
David Scott
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Nobody mistakenly walks into my house, the doors are not left unlocked. Therefore, if he got in, he broke in. Whether I've had a drink or not, under Florida's "castle doctrine", he's fair game.

Also consistent with Florida law, I must use the minimum force necessary to resolve the situation. The scenario says a he's a BG. How do I know? If he waves a weapon and shouts "gimme your money or I'll kill you", he just won a 9mm appendectomy. He's shown both capability and intent of inflicting injury or death.

If, however, he's empty-handed and shouts, "Where's that leaf blower I loaned you, Fred?" I'd have to point out that there are no Freds in the house and we have our own leaf blower, thank you very much. I'd still have him covered, and instruct him to leave or be hauled away by the Sheriff's deputies.
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Old October 23, 2001, 08:47 PM   #14
Ben Shepherd
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When the boys & I get together for a little wing ding at someones house we always have a designated driver/shooter. Everyone else puts the gun up for the night, and plans on spending it at whomevers house we're at. I generally won't drink with people don't know well. The crowd I run with are all gun enthusiasts, so this is our solution when we want to get a little loose(more than a couple of beers). I know it sounds funny but it makes sense if you really give it some thought. (All of us agree that guns and alcohol don't mix, right?)
There have been a couple of occasions when an uninvited individual tried to discuss personal issues with a member of our group during a get-together. It's always nice to have one stone sober person to handle this type of situation. It's never turned into calling the cops, but if it did, I believe that it would be a good idea to have the sober guy there.
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