ShootDontTalk wrote:Civil law. Someone can sue you for serving them a glass of spoiled milk. No law or precedent needed.
CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.
A home invasion does not have to be armed. If they're breaking in your front door, how are you supposed to know if they're armed?Jumping Frog wrote:This is not an easy yes/no, black/white, on/off kind of question. There are many permutations and shades of gray.RedRaiderCHL wrote:i suppose but whats thought provoking for me is if something did happen like someone breaking down the door and the firearm was used how would the factor of sobriety play in? would it still be just as cut and dry as you being sober and shooting someone breaking into your home? or not?
First, it is not illegal to be intoxicated or possess a firearm while intoxicated inside your own home (in Texas) (Note that a CHL is not carrying under authority of their license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.)
So if you are dealing with a clear-cut case where deadly force is justified under Texas law, such as an armed home invasion, being intoxicated does not remove one's justification to use deadly force.
More worrisome and realistic, however, would be in a situation that is not clear cut, and a drunk making some judgment error that gets someone shot who shouldn't have been shot. That would be the nightmare scenario.
I've carried while we've had company, but not open. And not drinking.jmra wrote:I can only speak to one side of this issue as no one in my family drinks alcohol, but I'd honestly have to say I've never been to anyone's home where the homeowner open carried while they had visitors. Is this something you guys encounter often?
So, you're at home one evening celebrating something with enough drinks that you know you're over the limit. Suddenly, somebody starts kicking in your front door. What do you do? Invite him in for a nightcap?CoffeeNut wrote:I carry around the house and when the drinks come out the gun gets put away. It's not that hard. OTOH I don't think I would take issue with someone in their house having a single beer while armed. I'd take issue when it's more than one or something stronger.
As someone else said: "His house, his rules".