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Old January 27, 2010, 04:11 PM   #46
WoofersInc
Senior Member
 
Join Date: April 22, 2007
Location: Las Vegas
Posts: 224
Quote:
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.

Quote:
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.
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