Concealed Carry + Alcohol

[mr crowley]

Ok me and my buddy were talking about this last night and we have no idea what the truth is:

Say you have a CCW and you are drinking outside on your deck or something with a friend or family and somebody tries to break in or threatens you or pulls a weapon of their own out; at this point, can you legally produce your firearm and worst case scenario shoot the person? How would the alcohol involved play a role when the police arrive? Would you be arrested because naturally the police would assume you're reasoning skills are inhibited or is it legal? Any insight would be appreciated. Thanks guys/girls.

Erick

[nyc7011]

Ok me and my buddy were talking about this last night and we have no idea what the truth is:

Say you have a CCW and you are drinking outside on your deck or something with a friend or family and somebody tries to break in or threatens you or pulls a weapon of their own out; at this point, can you legally produce your firearm and worst case scenario shoot the person? How would the alcohol involved play a role when the police arrive? Would you be arrested because naturally the police would assume you're reasoning skills are inhibited or is it legal? Any insight would be appreciated. Thanks guys/girls.

Erick

I know that with my job, alcohol and firearms do not mix. If we were carrying as a PO and were intoxicated, we would risk termination in addition to possible civil and criminal liability.

[amw315]

not sure what the law is in PA, but in MO, you can not be intoxicated and be in possession of a firearm. Period.

If you are intoxicated, however, I'm sure that does not automatically prevent you from defending yourself against a lethal threat with the use of deadly force. However, I guarantee you the issue of alcohol will be brought up in any civil litigation you may face for killing or critically injuring someone.

Criminally, if you had the legal right to defend yourself, you can use that as a defense for a homicide charge. You may face a charge of a weapons violation though.

In a civil trial where the standard of guilt is much lower, you could face an unlawful death or injury suit which could cost you millions.

Bottom line is, alcohol and firearms don't mix well.

[mr crowley]

Ok I understand. I'm asking because in PA we have the Castle law which says law abiding citizens authorized to have a weapon have the right to use deadly force if someone unlawfully intrudes and the victim is in fear for their life or property or something along those lines. But this issue was something I never really could find a definitive answer to because it's such a sticky topic. I don't know if there are certain tests that the police can perform to sort of gauge a level of intoxication or what but thanks for your responses I appreciate it.

[SgtCHP]

Ok me and my buddy were talking about this last night and we have no idea what the truth is:

Say you have a CCW and you are drinking outside on your deck or something with a friend or family and somebody tries to break in or threatens you or pulls a weapon of their own out; at this point, can you legally produce your firearm and worst case scenario shoot the person? How would the alcohol involved play a role when the police arrive? Would you be arrested because naturally the police would assume you're reasoning skills are inhibited or is it legal? Any insight would be appreciated. Thanks guys/girls.

Erick

On your own property and in fear for your family's or your personal safety due to a burglary, you are, in most instances, authorized and justified to use a firearm to protect them or yourself - irrespective of drinking. FYI, CCW does not apply when in or on your own property. No license is required. Some states may require you to register your handguns; but, you do not have to possess a permit to carry. CCW applies when off of your property.

There is a liklihood that you will be examined for intoxication; but, rational and prudent behaviour supported by statements of witness - family or not - will more than likely be sufficient to avoid prosecution. The key is: IN FEAR FOR THE SAFETY OF YOUR FAMILY, GUESTS OR FAMILY.

[Steve in PA]

There is no law in PA covering a LTCF (license to carry firearms - the correct term) and alcohol.

You are allowed to use deadly force too protect you or your family from death or serous bodily injury. The justification for the use of deadly force will be based on the facts at the time of the incident.

Will the fact you consumed alcohol come into play? Maybe. Were the facts clear cut? Did your consumption of alcohol cloud your judgement???

[mr crowley]

Ah yes I did not think of that, how you do not need a license if inside your home.

Steve - Thanks for clarifying. The part about how much alcohol you consumed is the sticking point I guess. I'm assuming there really is no way to tell whether or not a person is severely inhibited with regard to their reasoning abilities due to the alcohol because some people can blow a .10 and be fine and make sound judgments yet other people may blow a .05 and be totally belligerent, so where is the line drawn or is that sort of a gray area?

[Dinosaur32]

In NY no public intox laws, therefore no such definition, very strong home defense law, nothing in the Penal Law about legally carrying a firearm and being intoxicated. Most LE jobs have policies about carrying and drinking but each case is looked at individually.

[crass cop]

Im not going to risk being killed or my family harmed by an armed intruder because Im afraid I may get in trouble for stopping a threat after having a few bourbons

[crass cop]

I would not arrest you for killing an armed threat in your home because you blow a .08 or higher, in the situation you described

[NYCDep]

Unless the armed intruder ended up being your neighbor carrying his poodle, you would probably be ok criminally in NYS.

[grumpyirishman]

This does not make sense.....

Ding, dind, ding, ding, ding!!!

If you are drinking, why do you have a weapon????

Real simple. Guns get locked up before starting to get fewked up...

DUH..

[crass cop]

^^^ I agree...however If Im drinking a beer on my deck and I hear the front door get kicked in and a thug is there waving a gun around, I will kill him..preferably with a gun if I can get to one if not already on my person, a knife, my bare hands, etc
If your in bed and hear the same thing will you walk down stairs unarmed because youve had a couple over the last 3 hours??? HELL NO, youwill grab the gun and protect your family against the armed threat that just kicked in your door

[DAL]

I always wonder why people ask this kind of question. If you are that concerned about someone breaking into you property, you would be well advised not to get drunk, because being drunk will impair your perception and judgment. Any action you take also will be suspect. Drunks are less credible than sober people.

[SgtScott31]

Too many variables concerning both criminal and civil outcomes. This situation will be very fact-based to determine a somewhat decent answer. We can all generally say that you are justified if you are in fear of seriously bodily injury or death, especially in your home, but it's never that simple.