If you went to Law School, or a seminar, you should get your money back.MeMelYup wrote:Keep in mind they can still sue you for wrongful death and you would have to prove you were not impaired enough for it to have effected your judgement.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.
And this is how these kinds of hypothetical threads regarding personal choice goes every time.