Home protection while drinking

Discussion in 'Florida Gun Forum' started by fa35jsf, Oct 4, 2013.

  1. fa35jsf

    fa35jsf New Member

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    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?
     
  2. mountainman13

    mountainman13 New Member

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    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.
     

  3. fa35jsf

    fa35jsf New Member

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    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?
     
  4. Vikingdad

    Vikingdad New Member

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    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!
     
  5. JW357

    JW357 New Member

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

    FrontierTCB Active Member

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    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.
     
  7. partdeux

    partdeux Well-Known Member

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    Was it a good shoot? Was your judgement sound?
     
    Last edited: Oct 5, 2013
  8. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    I think this is hypothetical.
     
  9. rjd3282

    rjd3282 New Member

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

    FrontierTCB Active Member

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    ^^^^Nuf Said.
     
  11. partdeux

    partdeux Well-Known Member

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    so was my answer :)

    If you're drinking, your actions are going to go under a microscope.
     
  12. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    I do not know who told you that you cannot carry if you have consumed ONE drink. NOTHING in the law says that. It says you cannot carry if you are intoxicated. That is .08% under Texas law.

    As others have stated, a good shoot is a good shoot. Alcohol will be taken into consideration if the shoot is questionable.
     
  13. eatmydust

    eatmydust New Member

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    The only time I know of, as a civilian, you are required to take a BAC test, is if you are behind the wheel of a vehicle and you do not want to lose your driving privileges, due to the implied consent laws.
     
  14. readytogo

    readytogo New Member

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    The key here is that you are home, in your stand your ground zone, just make damn sure is your home you are in before you shoot the intruder and is actually an intruder not the plumber:D
     
  15. clr8ter

    clr8ter New Member

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    The presence of alcohol in your blood will probably MAKE the shooting questionable. IMHO.
     
  16. GTX63

    GTX63 New Member

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    If your drinking, first make sure you are in the right house. ("Now when did I buy that Remington").

    As far as law suits, the perp's mother will always sue.
     
  17. Doc3402

    Doc3402 New Member

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    The use of alcohol and utilizing the Castle Doctrine is not addressed under Florida law.
     
  18. JonM

    JonM Moderator

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    You guys are in florida I'm in wisconsin, but a good shoot is a good shoot. Alcohol consumption will make it muuuuuch harder to justify your actions regardless of circumstance. Its just the nature of taking any action while intoxicated, other than sleeping watching tv or yakking in a toilet, suspect.

    The key to all things in life is moderation. If you choose to imbibe the grape and something does occur you can certainly expect a full investigation in depth and possibly a trip to central booking castle doctrine or not.
     
  19. TimL2952

    TimL2952 New Member

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    I'd imagine you could legally defend yourself, even while intoxicate, as long as in the trial you could prove that you still made a good decision and had reasonable cause to use deadly force. You'd just have to convince the jury that you didn't just gun someone down because you were drunk.
     
  20. CJx

    CJx New Member

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    I agree with this. In my opinion, if someone is attacking you or has a gun, it's better to deal with a lawsuit and defend your actions, than to be hurt or killed. That being said, I do not know the law and nothing I say should be taken as fact in any decision you or anyone makes.