Booze: What would be considered too much?

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I think that most of us can agree that it is better to be sober while carrying than to risk it or to have something happen. It was just something I was curious about because of the vague laws and the fact that I know that we all enjoy drinking on occasion.

I'm more concerned with drinking at home now and, under the wrong circumstances, having to shoot an intruder either during or after you've had been drinking. It seems like, even though you would be in the right, you may find yourself in a world of legal issues for having a few beers and being a gun owner.

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I thought I was not smart enough to find the exact statue, but in Colorado it is illegal to be under the influence of alcohol and be in possession of a firearm. .04 is used for determining if someone is under the influence. DWI has it own rules. If they think you have been drinking and blow a .04 and are carrying,they will charge you with the offense. Now the specific statue, ... Again, CSP who got pulled over a few weeks ago was charged with not only DWI, but also under the influence and in possession of a firearm which is considered a prohibited use......

CRS- 18-12-106 Prohibited Use of a Weapon



[align=justify](1) A person commits a class 2 misdemeanor if:[/align]

[align=justify](a) He knowingly and unlawfully aims a firearm at another person; or[/align]

[align=justify](b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or[/align]

[align=justify](c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or[/align]

[align=justify](d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).[/align]

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I personally think, given a life-or-death situation, especially in your own home, that the legality of your BAC would fly right out the ever-lovin' window.

I know it would to me. And besides, wtf gives anybody the damn right to tell me I can't drink and defend myself in my own home?

In public however, I think it's a different story. A beer or something if you can drink it and not feel it, probably ok. Anything more... plain outright stupid. If you're going OUT to drink, leave the gun at home and the car in the driveway. Besides, walking after drinking is a good way to get all that alcohol worked through and out of your system. Believe me, it works.

Anyways, what I was trying to say is... If I pull my gun out of my holster, I'm probably gonna shoot somebody. Now if I'm gonna shoot somebody, it means I'm probably in danger of being seriously harmed or killed. And if I'm in danger of being seriously harmed or killed, I don't think I'll give two sh**s about the legality of it.

Just my .02 (factoring in inflation and whatnot I think that makes it about .073)

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Alamo Jack wrote:

Anyways, what I was trying to say is... If I pull my gun out of my holster, I'm probably gonna shoot somebody. Now if I'm gonna shoot somebody, it means I'm probably in danger of being seriously harmed or killed. And if I'm in danger of being seriously harmed or killed, I don't think I'll give two sh**s about the legality of it.

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Unless you're drunk onSaturday afternoon and can't tell the UPS guy from an invading cadre of ninjas.

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Alamo Jack wrote:

I personally think, given a life-or-death situation, especially in your own home, that the legality of your BAC would fly right out the ever-lovin' window.

I know it would to me. And besides, wtf gives anybody the damn right to tell me I can't drink and defend myself in my own home?

In public however, I think it's a different story. A beer or something if you can drink it and not feel it, probably ok. Anything more... plain outright stupid. If you're going OUT to drink, leave the gun at home and the car in the driveway. Besides, walking after drinking is a good way to get all that alcohol worked through and out of your system. Believe me, it works.

Anyways, what I was trying to say is... If I pull my gun out of my holster, I'm probably gonna shoot somebody. Now if I'm gonna shoot somebody, it means I'm probably in danger of being seriously harmed or killed. And if I'm in danger of being seriously harmed or killed, I don't think I'll give two sh**s about the legality of it.

Just my .02 (factoring in inflation and whatnot I think that makes it about .073)

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+1 on that. I am always amazed at the people that ask "if I am at so and so and someone does so and so and I am about to be killed is it legal to shoot someone". If I pull my gun out to shoot someone then it is because I am about to be killed or similar. The last thing that is going to go through my mind is what is the law on this. If I have time to worry about what the law is then I have time to find a way out of the situation where I don't have to shoot someone. If you worry about the legality of shooting someone before you shoot them then it is either illegal or immoral to shoot them.

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PT111 wrote:

If you worry about the legality of shooting someone before you shoot them then it is either illegal or immoral to shoot them.

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+1!

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I was just stating the CRS. Don't get me wrong, I agree 100%. And with the case of the marauding ninja's, I have 17 try's to get it right, and within about 15 yds, my shot placement is as they say "deadly".

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McX wrote:

if you do something stupid when drinking, then you've drank too much!

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unless you are just a stupid person by nature.

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Colorado employs the "castle defense," meaning if someone unlawfully enters your home, you have the right to defense person and property with deadly force.

On the other hand, there's the prohibition against being in possession of a firearm while intoxicated.

If you're going to have more than a single drink, consider putting it in a safe and "forget" the combination. Thus, if there's any question about your being in possession, it's defensible that you're not.

On the other hand, if you really need it, it's readily accessible.

Given Colorado's laws, a kicked-in door or broken window, and a dead body in the house, preferrably brandishing a crowbar, I don't think anyone would be looking too hard to give you a breathalyzer.

It's best not to tempt fate, though - drink in moderation.