CHL-16 clarification for 30.06 sign

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wgoforth
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Re: CHL-16 clarification for 30.06 sign

#76

Post by wgoforth »

BritOnTour wrote:
wgoforth wrote:
Crossfire wrote:
wgoforth wrote:Now here IS a good philosophy, and it is that, a philosophy. You are out with wife and have wine with dinner. On the way back to car you have to defend yourself from a mugger. Once the media and prosecutor find out, are they going to say "The shooter had been drinking?" Difference between good idea and law.
Of course they are. That's why you should give the gun to your wife, and say, "Here, honey, I've had a drink. YOU take care of this"
ROFL.... of course I am a tea totaler, but I realize a goodly percent in my class isn't. I'll be sure and quote you on this next class :mrgreen:
First, I would have to persuade my wife that she should get her CHL. I'm working on it, but she is still a little freaked about me having a loaded gun in the house with two young children. I've told her that it will be either locked in my bedside safe or in my holster and I will never leave it lying around.

Secondly, the only way I could get my wife not to have a drink with dinner would be by getting her pregnant again! I don't think that is going to happen any time soon either.

So, it's down to me for family protection, and I would like to feel that I could have a drink with dinner like I always have done before, without having to leave my firearm in the back of the car.

If I took my instructors words as he strongly implied them, if I have a drink, i should not consider going near my firearm until I have completely sobered up!

What if i am at home? Is there still no legal limit for alcohol? Am I not allowed to use my firearm for protection of my family or home if I relax and have a beer in the evening?

Can someone explain to me how I could be tested for a BAC of 0.00? I know the breathalyzer test isn't accurate enough, so would it have to be a blood test? Can it reliably test down to zero?
The question really boils down to ~could~ you get in trouble for carrying while drinking? Yes. Could it hurt your credibility if you were intoxicated and shot a burglar at your home? Yes. It would give them fodder to be able to argue that it was unnecessary to shoot the intruder as he was unarmed, was just at wrong house, etc. Doesn't mean you WILL get in trouble with law, but opens you up to more possibilities of civil litigation. In order to get around the immunity afforded you in Castle Law, they have to be able to say you didn't follow everything properly.

Will you get in trouble? Probably not. COULD you be in trouble? Yes. Sorry, no one has that crystal ball thing perfected yet.
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Keith B
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Re: CHL-16 clarification for 30.06 sign

#77

Post by Keith B »

wgoforth wrote:
BritOnTour wrote:
wgoforth wrote:
Crossfire wrote:
wgoforth wrote:Now here IS a good philosophy, and it is that, a philosophy. You are out with wife and have wine with dinner. On the way back to car you have to defend yourself from a mugger. Once the media and prosecutor find out, are they going to say "The shooter had been drinking?" Difference between good idea and law.
Of course they are. That's why you should give the gun to your wife, and say, "Here, honey, I've had a drink. YOU take care of this"
ROFL.... of course I am a tea totaler, but I realize a goodly percent in my class isn't. I'll be sure and quote you on this next class :mrgreen:
First, I would have to persuade my wife that she should get her CHL. I'm working on it, but she is still a little freaked about me having a loaded gun in the house with two young children. I've told her that it will be either locked in my bedside safe or in my holster and I will never leave it lying around.

Secondly, the only way I could get my wife not to have a drink with dinner would be by getting her pregnant again! I don't think that is going to happen any time soon either.

So, it's down to me for family protection, and I would like to feel that I could have a drink with dinner like I always have done before, without having to leave my firearm in the back of the car.

If I took my instructors words as he strongly implied them, if I have a drink, i should not consider going near my firearm until I have completely sobered up!

What if i am at home? Is there still no legal limit for alcohol? Am I not allowed to use my firearm for protection of my family or home if I relax and have a beer in the evening?

Can someone explain to me how I could be tested for a BAC of 0.00? I know the breathalyzer test isn't accurate enough, so would it have to be a blood test? Can it reliably test down to zero?
The question really boils down to ~could~ you get in trouble for carrying while drinking? Yes. Could it hurt your credibility if you were intoxicated and shot a burglar at your home? Yes. It would give them fodder to be able to argue that it was unnecessary to shoot the intruder as he was unarmed, was just at wrong house, etc. Doesn't mean you WILL get in trouble with law, but opens you up to more possibilities of civil litigation. In order to get around the immunity afforded you in Castle Law, they have to be able to say you didn't follow everything properly.

Will you get in trouble? Probably not. COULD you be in trouble? Yes. Sorry, no one has that crystal ball thing perfected yet.
This scenario of having a drink all boils down to perception of the officer you deal with on a carrying while intoxicated charge, or any subsequent investigation/investigators and prosecutors you may have to deal with after a self defense shooting. If you have alcohol or any type of drugs (legal or not) in your system, it's just one more thing that could possibly be used as an argument that you were impaired and unable to make a sound decision on whether you needed to shoot someone or not. Same goes for remarks made on 911 calls, responses to officers, etc. They all can weigh negatively on whether or not you were involved in a justifiable self defense shooting.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

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