The football game is on

[tarheelbball]

The football game is on and I'm drinking my adult beverage. What happens if I have need to use my gun to protect myself or my family? I don't want to make the question complex but what do you guys think?

thanks 2 all

[titan14]

My opinion....DON'T go outside with your weapon. If the perps come inside....fair game, as long as you are in fear of life or limb.

[Guest jackdm3]

That's my uneasy conundrum about drinking. If I know I'll have a hard time sleeping, I'll do three cold beers with food really fast at about 8. It sometimes sends me off to bed pretty good. But even with completely wired security system to wake me, I fear that a sudden full-on incursion could beat me to my shotgun, with little time to "awaken" from a stupor.

[Parrothead]

interesting question. I'll be following this for sure. Could a prosecutor say your judgment was impaired when you decided your life was in jeopardy?

[trblmkr13]

I wonder if BAC would come into play, maybe .04-07 and your considered ok but at .15 or above I bet your going to the grand jury

[Guest nosnos]

A prosecutor will for SURE make an issue of it if it goes to court. The prosecutors job is a conviction. They'll use it. If your shooting is good you can just hope it doesn't get to criminal court. At least, that's how I see it.

[tarheelbball]

Thanks, I know this is a difficult question and there is probably no right answer. I only drink at home because now that I've got my permit I'm more cautious about careless judgments that can get me trouble.

[Oh Shoot]

Thanks, I know this is a difficult question and there is probably no right answer. I only drink at home because now that I've got my permit I'm more cautious about careless judgments that can get me trouble.

Well, remember, once you are home, you are operating under the same "rules" as anyone else, permit or not.

Ultimately, whether sober, buzzed, or dead drunk, it always comes down to whether a reasonable person would believe you to be in fear of your life or serious injury.

And of course, with TN's "castle doctrine", the very fact that someone forcibly enters your domicile assumes that you are.

And unlike in public, carrying with a HCP, having a gun in your home while drinking is not an offense, as it would be carrying your heater in public.

- OS

[Bubba0031]

I live in a house with a mixed marriage. My wife is a Gator and I'm a Vol so when that game is on and we're having adult beverages we hide the guns.

[E4 No More]

Well, remember, once you are home, you are operating under the same "rules" as anyone else, permit or not.

Ultimately, whether sober, buzzed, or dead drunk, it always comes down to whether a reasonable person would believe you to be in fear of your life or serious injury.

And of course, with TN's "castle doctrine", the very fact that someone forcibly enters your domicile assumes that you are.

And unlike in public, carrying with a HCP, having a gun in your home while drinking is not an offense, as it would be carrying your heater in public.

- OS

What he said. As long as it was forced entry into your home it doesn't matter.

[Guest nosnos]

I live in a house with a mixed marriage. My wife is a Gator and I'm a Vol so when that game is on and we're having adult beverages we hide the guns.

Wow... Probably smart!

[Fallguy]

Well, remember, once you are home, you are operating under the same "rules" as anyone else, permit or not.

Ultimately, whether sober, buzzed, or dead drunk, it always comes down to whether a reasonable person would believe you to be in fear of your life or serious injury.

And of course, with TN's "castle doctrine", the very fact that someone forcibly enters your domicile assumes that you are.

And unlike in public, carrying with a HCP, having a gun in your home while drinking is not an offense, as it would be carrying your heater in public.

- OS

+1

If it is a BG planning on doing BG things, you'd probably be ok. (Drunk or not)

If it was a concerned neighbor just cracking the door open because they thought they heard a scream, you'd probably be screwed. (Drunk or not)

There never is a simple shoot/don't shoot answer to these questions, you have to consider the totality of the circumstances in a specific situation. But as you can see, in the above two scenarios IMO the results could be the same, drinking or not.

[Guest no_masters]

thanks for these responses. I too have wondered this at times. I live in downtown nashville and have wondered what would happen if I had been out all night and then after going to bed this situation was to arise.

[Guest tedbo]

Hmmm, I don't know about the rest of you,but if something goes bump in the night I come up fully focused. A little adrenaline goes a long way,regardless of any adult beverage.

[Alpha7]

thanks for these responses. I too have wondered this at times. I live in downtown nashville and have wondered what would happen if I had been out all night and then after going to bed this situation was to arise.

Very simple,

Do not stay out all night. I regret how much money I wasted in my younger years "going out" heck I could have bought 454545454545454 4444 guns by now.

[saintsfanbrian]

Does it have to be "forcibly" for the castle doctrine to go in to effect?

I mean, if I live in the country and don't lock my doors then a would be intruder wouldn't have to "force" their way in to my house however they definitely would be there with out my permission and would be up to no good.

[Fallguy]

Does it have to be "forcibly" for the castle doctrine to go in to effect?

I mean, if I live in the country and don't lock my doors then a would be intruder wouldn't have to "force" their way in to my house however they definitely would be there with out my permission and would be up to no good.

The only time forcibly (and illegally) comes into effect is whether it is presumed you were in reasonable fear of death or imminent serious bodily harm or not.

If someone forcibly and illegally enters the locations in 39-11-611 then it is presumed you are in fear and DA would have to prove otherwise. In other situations, it is not presumed. Depending on the police report etc... the DA may still see it as self-defense or he may not and charge you. Then it would be up to you to prove that you were.

You could have every door to the house wide open with a sign that says welcome and if someone meant to do you harm (and you could prove it) it could be self-defense.

But another note, my brother the LEO (hard to believe I have one that does that, right ) has told me that forcibly can me just turning a door knob because it took "force" to do that. It doesn't necessarily have to mean "breaking down" the door as many may assume.

[saintsfanbrian]

So if my mother in law comes in to my house with out my permission............

[Fallguy]

^^^^^^

But in all seriousness to others that may be following along, that is definitely one of those cases that even where the shooter may have the presumption of being in fear, the DA could feel like he could prove the fear wasn't reasonable and still bring charges.