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I was just wondering what would happen legally?

My friends and I have cookouts and get togethers pretty often play poker, eat good food, drink a bit, and all around have a good time (these all being very close friends that I've known for years). Now I would never be CCing while this was going on, But what if while we were having a get together and I was over the legal limit and someone burst into my house with a gun or knife what would be within my legal rights to do? Is alcohol still a factor even though they are in my house and threatening my friends and myself?

Do I:
A) Shoot the perps
B) My friends and I try to disarm the perps (not likely)
C) (My all time favorite saying of the LIBS) Call the cops and let them handle it

Remember this is just a what if senerio...

Reason I'm asking is I've had trouble in the past with a so called "gang" that migrated north from Oakcliff(DALLAS) and if they wanted to ever do anything they might just brazen enough to run up in my house even if there are alot of people there

You are on your property, no requirement to carry concealed, and people burst into your house and offer violence?

I suspect that fulfills all the requirements for a legal self-defense shooting.

Purplehood wrote:You are on your property, no requirement to carry concealed, and people burst into your house and offer violence?

I suspect that fulfills all the requirements for a legal self-defense shooting.

But even if you have been drinking. I guess I'm just scared, because I know what guns can do in the wrong hands and I never mix drinking and guns... Even at hunting cabins I wait until our last hog hunt of the night before I start drinking and by that time its time to go to bed and do it all over again the next morning.

I consider the drinking part irrelevant.

You are on your property/domicile.

You have been invaded with intent to harm.

Are you saying you can only legally defend your home while sober?

I imagine lawyers would have a field-day, but I believe that the letter of the law would support you.

Yea I bet they would have a field day with me... thanks for your oppinion anymore i want to see oppinions from everyone.

That is a great question and one that I have been meaning to ask for some time. I am not the drinker I once was. However just in case I have one too many at home one night, I would like to know what a lawyer would say on this.

Well I'm still a youngster only 24 and like to drink and play poker and cook out with friends pretty much every other weekend or so... This is a great question for me because it could very well happen anytime.

IANAL, but If they come into your home you need to stop the threat. I don't see how alcohol could play a factor in this as you are not carrying under authority of your CHL while on property under your control. You can open carry in your home and drink a full bottle of liquor if you wish, but obviously that is definately not a smart thing to do.

The elements justifying the use of deadly force are set out in TPC Chp. 9. Being "sober" is not one of those requirements. If you are the victim of a home invasion, and the elements of §9.32 are present, then you can use deadly force whether you are intoxicated or not. If the elements establishing the presumption that you reasonably believed deadly force was immediately necessary are also present, then you get the presumption as well.

That's the law, now comes the real world. If you're drunk, then it may be harder for your attorney to convince all the necessary people that those elements were present. Your scenario is a party, so there will be plenty of witnesses to support your statement. The natural tendency is to believe that the cognitive ability of an intoxicated person is impaired to some degree, great or small, so that could have a significant impact on your believability. With other witnesses to corroborate your "story," you're probably going to be fine. If you are by yourself, your attorney's job is much harder. But don't underestimate the importance of this occurring in your home, verses anywhere outside your home (or business, or car).

Chas.

TPC §9.32 wrote:Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another:

• (1) if the actor would be justified in using force against the other under Section 9.31; and
  
  (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
  
  • (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
    
    (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

• (1) knew or had reason to believe that the person against whom the deadly force was used:
  
  • (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
    
    (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
    
    (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
  (2) did not provoke the person against whom the force was used; and
  
  (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

Thanks for the answer.

I was also wondering this. Around Christmas my room mates and a couple friends were hanging out at home, drinking, hot tubbing a bit when a car pulled into the driveway (about 75 yards from the house), turned off it's lights, and drove to within 20 feet of the house. Now from the driveway / road you couldn't see any lights on, since the get together was in the back and we weren't being loud at all. It was just chance that my room mate was looking for something in a room (with the light off) facing the front. After watching the car sit there for a minute or two he went out the door facing them and yelled something along the lines of, "Can I help you?"

When they saw him come out of the house they backed up and took off.

He came back out, and told me what happened. We then heard some noises coming from the street or the neighbor's house across the street, who we knew were out of town.

Now I know the whole Ninja-ing in the night argument, and I agree it's a bad idea, but I went to go check it out. Honestly, I assumed it was some teenagers who got lost out here, because that does happen semi-often. People I give directions to end up in other people's driveways. So anyway, gun in hand I went out there with my room mate. We didn't see anything, so we went back and enjoyed the rest of the night. No reports of break-ins later surfaced either.

So, yes, I too was wondering what affect alcohol had on the right to defend your property.

Yes Chas,

Thank you for the answer and I never drink alone just sitting around so I don't really have to worry about that.

Charles L. Cotton wrote:The elements justifying the use of deadly force are set out in TPC Chp. 9. Being "sober" is not one of those requirements. If you are the victim of a home invasion, and the elements of §9.32 are present, then you can use deadly force whether you are intoxicated or not. If the elements establishing the presumption that you reasonably believed deadly force was immediately necessary are also present, then you get the presumption as well.

That's the law, now comes the real world... But don't underestimate the importance of this occurring in your home, versus anywhere outside your home (or business, or car).
Chas.

IANAL, but I would like to emphasize that, when Charles said "in your home," I believe he was talking about in your home, not your neighbor's or friend's or relative's home or at your apartment's pool, barbeque pit or courtyard.

Yeah, that's VERY important. Because being intoxicated while CC'ing is illegal, and you'd have to CC at a friend's house or relative's house.

GREAT point!!!