Question about home carry/defense and alcohol


R

reddragonrph

New member
Just wondering: Do all of you lock up your gun if you are carrying around the house and decide you want a beer (or glass of wine, or whatever)?

I have been.... I generally carry around the house. But if I want a beer I'll go lock it up. Got me to wondering...what if some jerk picked the next hour or 2 to break into my house? Now if I knew all he wanted was my silver, I'd let him go (not sure how I'd know unless he flat out told me, and even then we have a trust issue), but what if he's high, or violent or interested in my person? Now, not only is my gun locked up....but even if I could get to it, I have alcohol in my system when I believed I needed to use it.

I need to find a decent lawyer that knows gun law around here, but I thought I'd toss this out to you in case anyone on these forums has ever asked this question of a lawyer before. In Ohio it is illegal to carry with even the slightest blood alcohol level.

And even if you haven't actually consulted with an attorney and just want to discuss... feel free.
 

I don't drink. But, what would be the point of locking up my gun if I did?

You may lock your gun up if you're drinking. But, if you get so wasted you aren't in control of you faculties, what's to keep you from getting your firearm back out after you're drunk?

If you drink responsibly and don't get legally drunk, then why lock up your gun in the 1st place? (barring legal requirements of your local & state laws of course)

I would think if you make it a habit to keep your firearm on you at all times you would be more responsible in your drinking & activity in the first place. I just can't see locking your gun up makes much difference unless you have someone else lock them up so you can't get to them until you're sober again.

Drunks always have good intentions. But, alcohol can turn good intentions into BAD decisions.

So, my rule is just don't drink!


-
 
I should clarify: I'm not locking them away for the purpose of keeping me from getting to them because I'm too intoxicated to know right from wrong. I'm locking them up because I don't leave them lying around where my kids can get to them, and my state law doesn't allow the slightest BAC while carrying. I doubt there is a separate provision for carrying in one's own house. I've read the statute and didn't find (although I don't speak legalese with fluency) anything that would lead me to believe otherwise.

Anywho, my drinking to get drunk days were limited to a few times in college that taught me how much they suck. But I do enjoy a good craft beer or the occasional cocktail.
 
reddragonrph said:
and my state law doesn't allow the slightest BAC while carrying.
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I've never understood why people won't just say what state they are in, especially when state law makes an entire world of difference as to what the person can do legally.

Anyhoo, personally, I never mix drinks with guns. It causes a strong Hoppes taste in the drink (the gun oil kind, not the grain kind) and I have to re-oil the gun to protect the finish. My state of Washington has no laws against consuming alcohol and carrying so my gun stays on my belt when I have a couple (and I do mean a couple) after work or with dinner beers. There will be many posters here that will tell you not to touch your gun under the influence of any alcohol because the prosecution in a self defense case will use it to convict you, but they have yet to provide an actual court case where it has happened.
 
I stated in my OP Ohio state law. Or rather " In Ohio it is illegal to carry with even the slightest blood alcohol level." Which I guess doesn't equivocally state that I am in said state. But that is where I am.

And although I like hoppy beer, I doubt that I'd like Hoppes beer. :)
 
I would think as long as your in your home , it would not make any deference in your ba while carrying
 
reddragonrph said:
I stated in my OP Ohio state law.
Click to expand...

I was mistaken. You are correct. I apologize. So, Ohio law is:


2923.15 Using weapons while intoxicated.

(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.


(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.
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This is the way I think it would play out in court if you had to use your firearm in self defense in your own home while under the influence:

If it was ruled as self defense, the common law of necessity would apply meaning that you could not be convicted for using the firearm while under the influence because you were doing so under the circumstances of it being necessary to save life or prevent grave bodily harm. It would be similar to if you and a 14 year old child were rock climbing and you fell and banged your head and the 14 year old drove you to the hospital. The necessity of breaking the law for driving without a driver's license overrules the ability to convict.

Now, the legal question becomes, could you be convicted for previously carrying the firearm, if you were carrying it prior to the act which necessitated it's use? If you testified, "I picked my gun up to defend myself with." - that would indicate you were not carrying it, and I don't see how they could convict you. If you testify, "I drew my gun from my holster"....oh, so you were carrying it while under the influence before this happened? Now the defense would go something like, "If it wasn't for the criminal act which necessitated the use of the gun, the police would have no reasonable suspicion to enter the house to determine if the defendant was carrying the gun under the influence. Therefore, any evidence of a previous crime which comes to light solely due to an act of necessity is inadmissible." I don't know if that would work or not.

If I were in Ohio, and was going to partake of the nectar of the Gods, I would keep my firearm close at hand, but not be "carrying" it, all other considerations moot such as small children. Thank goodness we don't have this, imho, silly law in Washington!
 
I don't drink and shoot, but when I do, I prefer Dos Equis with a 9mm chaser...

Seriously, I have maybe 2 drinks a year, but IF someone came and busted down my door, you can be damn sure I'd get my gun.
 
Legally: I have no idea but NavyLCDr's advice is probably the best.
Scientifically: Well studies have shown that the consumption of alcohol actually increases adrenaline output. So in that sense you're sort of prepped for any "altercation" that might happen. Adrenaline also increases your metabolism so my conclusion would be it probably won't matter if you'd been drinking. By the time the police actually got around to testing your B.A. it would be low to non-exsistant. At least lower than the legal "impaired" limit. Of course all of this would change depending on the amount of alcohol you've had. The ability to make good judgments and decisions are depressed first, followed by loss of coordination and motor functioning so too much and even the adrenal system is impaired.
Sorry to go all scientific but I found it interesting.
:meeting:
 
I can't quote a specific statute but I'm going to guess that if the shooting is deemed justified in all other aspects they aren't going to deem it unjustified because you had a beer
 
The question seems to hinge on what your state defines 'carrying' to mean. It's my guess that unless you live somewhere like Commie-necticut what you do I. Your own home isn't 'carrying' under law. You had the gun close by anyway right? And that double tequila you just finished was poured for your nerves while you were on the phone with 9/11. That's your story a d you're sticking to it....
 
Michigan has the same law as Ohio regarding alcohol. And, yes, it is annoying.

My husband and I both carry and have our CPL's. If we go to dinner and he has a beer, one beer, and I don't drink anything (which is what we used to do) because I will be the designated driver, if we get pulled over, we could both lose our guns and then our CPL's, even if both guns are locked in our trunk with no ammo. Now, not every policeman would do this but many would. That said, I did check with our lawyer about having a drink at home and he said mostly what Navy said.

So, if my husband wants to have a beer when we go out for dinner, we leave our guns at home. Mostly, however, we just don't drink when we are out anymore. We do, however, occasionally have a beer or glass of wine in our home. We just keep our gun nearby in case of an emergency.

I look forward to hearing what your lawyer says.
 
Me, too! But I need to find one, first. And come up with the right questions to ask him once I find him.

Anybody have any ideas on how to vet a gun lawyer...what should I ask to see if he's worth his salt? (Beside the obvious "how much experience do you have with Ohio and Federal gun legislation and court precedent") And beside the OP...what else would you ask a lawyer if you had one for an hour? Maybe you guys will have something I haven't thought of.
 
I have a self policy to never drink when I carry and drive. Don't drink and drive either carry or not. However, drinking and guns generally don't mix. The known is known, knowing there is an unknown is the delima.
 
reddragonrph said:
Just wondering: Do all of you lock up your gun if you are carrying around the house and decide you want a beer (or glass of wine, or whatever)?
Click to expand...
if there are kiddies in the house the guns should always be locked up when not being carried regardless of your consumption of alcohol or not.
I do not lock my weapons up at home and I even go out to restaurants and consume adult beverages as well.
that said one size does not fit all, some people are incapacitated by having one drink while others can have a few and not be impaired.
In Fla the law says that you can carry while intoxicated but if you have to use your weapon you will be in it deep.
 
Treo said:
I can't quote a specific statute but I'm going to guess that if the shooting is deemed justified in all other aspects they aren't going to deem it unjustified because you had a beer
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In FLA it would be the opposite, while there is no law against drinking and carrying the law does address drunken usage. In other words if you are drinking in FLA you are OK as long as the gun never leaves the holster.
 
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