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-   -   Home protection while drinking (http://www.firearmstalk.com/forums/f122/home-protection-while-drinking-98191/)

fa35jsf 10-05-2013 02:42 AM

Home protection while drinking
 
Question for those of you familiar with Florida law.

Can you legally defend yourself at home using a deadly weapon while intoxicated/drinking in the state of Florida?

I have my CHL from Texas and although you cannot be legally in possession of a firearm if you have had a single drink of alcohol while out in public, you can be hugging the toilet drunk and still defend yourself from a violent attacker in your home according to the law in Texas. Does anyone know if Florida's "Stand your ground rule" is similar to this?

mountainman13 10-05-2013 02:44 AM

From my experience stand your ground only covers you if your attacker doesn't have skittles.
Lawful or not you're definitely open to lawsuits.

fa35jsf 10-05-2013 02:55 AM

Quote:

Originally Posted by mountainman13 (Post 1392885)
From my experience stand your ground only covers you if your attacker doesn't have skittles.
Lawful or not you're definitely open to lawsuits.

Of course now days lawsuits are a given. That is why I am a member of USLawShield.

BTW I like your play on Florida's recent media/shooting story.

What I am simply asking is, if I were at home and I had any amount of alcohol and somebody busted through my front door in a violent manner (and I was in fear for my life), would I legally be able to defend myself using whatever weapon available including a handgun?

Vikingdad 10-05-2013 04:03 AM

Quote:

Originally Posted by fa35jsf (Post 1392897)
Of course now days lawsuits are a given. That is why I am a member of USLawShield.

BTW I like your play on Florida's recent media/shooting story.

What I am simply asking is, if I were at home and I had any amount of alcohol and somebody busted through my front door in a violent manner (and I was in fear for my life), would I legally be able to defend myself using whatever weapon available including a handgun?

I don't know about where you live, but that's how beer deliveries usually come in around here. :p

If its a clear cut defensible shoot there shouldn't be any problem. I say shouldn't. Maybe learn to pace yourself so you never get hammered drunk. Its more fun that way anyhow!

JW357 10-05-2013 04:25 AM

Personally I would ask a 2A lawyer. They should know.

FrontierTCB 10-05-2013 04:39 AM

Quote:

Originally Posted by fa35jsf

Of course now days lawsuits are a given. That is why I am a member of USLawShield.

BTW I like your play on Florida's recent media/shooting story.

What I am simply asking is, if I were at home and I had any amount of alcohol and somebody busted through my front door in a violent manner (and I was in fear for my life), would I legally be able to defend myself using whatever weapon available including a handgun?

YES.

If the level of force used would be legal if you were completely sober it is still legal if you are intoxicated.

There is a potential risk for civil suit or prosecution in any deadly force encounter. That is just a fact of life.

partdeux 10-06-2013 01:25 AM

Was it a good shoot? Was your judgement sound?

MisterMcCool 10-06-2013 01:51 AM

Quote:

Originally Posted by partdeux
Was it a good shoot? Was your judgement sound?

I think this is hypothetical.

rjd3282 10-06-2013 03:45 AM

Let me ask you this. Would you stand there and let yourself be killed just because you had a few beers?

FrontierTCB 10-06-2013 03:54 AM

Quote:

Originally Posted by rjd3282
Let me ask you this. Would you stand there and let yourself be killed just because you had a few beers?

^^^^Nuf Said.


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