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sjfcontrol wrote:A home invasion does not have to be armed.

Of course not. I was merely painting one example out of a whole universe of scenarios.

TPC Sections 9.31-9.32 alone are almost 1000 words, and that isn't even getting into defense of third persons, much less property.

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?

This is not an easy yes/no, black/white, on/off kind of question. There are many permutations and shades of gray.

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.

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?

I typically wear a white t-shirt and then a regular shirt on top of that at work, or going out, or going to church, etc. I always wear an undershirt.

When I get home, I'll often take of my "good shirt", and relax around the house in my white t-shirt. That also happens to open carry my handgun in my IWB. In fact, that is exactly what I am doing as I sit and type this.

If my kids have a friend stop in, they are going to see the dad walking around in a t-shirt and a gun. If has never been a big deal one way or the other.