Could you actually use your sidearm in a situation?

[FJW]

It doesn't take a rocket scientist to know that a good laywer's case against you will be improved by proving your judgment was impaired (alcohol/drugs) at the time... regardless of what you were doing at the time.

I'm not a lawyer, but I watch Blue Bloods every Friday.

Agreed. It's very much a chess game between lawyers.

[Mitch10mm]

It doesn't take a rocket scientist to know that a good laywer's case against you will be improved by proving your judgment was impaired (alcohol/drugs) at the time... regardless of what you were doing at the time.

I'm not a lawyer, but I watch Blue Bloods every Friday.

I'm not arguing that point. I'm arguing the point that intoxication alone doesn't guarantee that you'll be charged and found guilty. A clear case of self defense but the victim happens to be drunk. It doesn't have to be so complicated. The link I provided was to show a small collection of recent self defense shootings and contrary to popular belief no charges filed.

[FJW]

There are plenty of self defense shootings each year. There are no charges, no plea deals and no publicity given to them. Some seem to think it's most likely you'll be charged. Hardly the case

That really is true.... but we're not stupid to prepare for the worst. Poop happens.

[scruff]

Here's a real-life case. Just remember, though - just because you're acquitted doesn't mean your life won't be ruined anyway - jail time, legal fees, maybe lost job or house, etc. It took two years for this to come to trial.



Ex-Pittsburgh police officer not guilty of killing friend at Bloomfield bar
Kenneth Farnan fatally shot Shawn Evans at Condrin's Tavern in 2013
Updated: 4:47 PM EST Dec 10, 2015
http://www.wtae.com/article/ex-pitts...ld-bar/7475936

PITTSBURGH —

A former Marine and Pittsburgh police officer was acquitted of all charges in the 2013 shooting death of his longtime friend.

Allegheny County jurors on Thursday found Kenneth Farnan, 53, not guilty of murder and voluntary manslaughter in the death of Shawn Evans, 56.

Farnan had said he and Evans fought inside Condrin's Tavern in Pittsburgh in the early morning hours of Sept. 8, 2013. He said Evans hit him in the head as he nodded off at the bar. The two then fell to the floor while grappling.

Patrick Sweeney, Farnan's lawyer, said Evans was much bigger and tried to get a gun out of Farnan's holster, but that he got the gun first and shot Evans six times, killing him. Sweeney said his client shot in Evans in self-defense.

Deputy District Attorney Jan Necessary argued that the bartender couldn't verify any of Farnan's testimony. She said the men left the bartender's sight immediately before the shots rang out.

Several family members from both sides were in the courtroom. Sweeney said Farnan hopes both sides that "are hurting" can now move on.

Both families declined to comment afterward.

[Mitch10mm]

That really is true.... but we're not stupid to prepare for the worst. Poop happens.

I didn't say anyone was stupid for being prepared for the worst. The statement was made that if you're intoxicated and have to shoot in self defense you're most likely screwed.
No not exact wording but implied.

I see it a lot on here how if you use your gun it's likely your life is ruined.
I disagree and in providing the link partially show that a good self defense shooting is treated as just that. The norm isn't a hardass DA coming after the victim of an assault or rape et

[FJW]

Alot of criteria effects these things:

1. Whose property was it on?
2. Who did what that led up to the shooting?
3. Who saw it?
4. What were the personal histories of the people involved like (this IS looked at). The law likes to find ways to make recurring problems disappear.

5. Was anyone's judgement impaired at the time?
6. Did the two people know each other or was it a freak encounter?

The facts surrounding these questions will be sent to the DA for a review to see if you'll be indicted for anything. Based on your history and background, those facts may have some "help" reaching the DA's desk in its final form. I'm not suggesting that youre at the total mercy of other people's bias. I'm saying that the legal process has some flexibility and grey areas which can be twisted a little this way or that to achieve an end.

[donotknowme]

It's better to be dead than to carry while drinking. Just in case it's a bad shoot.

[Mitch10mm]

http://www.thetruthaboutguns.com/201...f-defense/amp/

With this I'm done

[FJW]

I didn't say anyone was stupid for being prepared for the worst. The statement was made that if you're intoxicated and have to shoot in self defense you're most likely screwed.
No not exact wording but implied.

I see it a lot on here how if you use your gun it's likely your life is ruined.
I disagree and in providing the link partially show that a good self defense shooting is treated as just that. The norm isn't a hardass DA coming after the victim of an assault or rape et

Oh, I wasn't insinuating that you CALLED anyone stupid!
I'm just saying that it's by no means stupid. That's all.

I've heard, btw, that even if you're innocent and eventuslly found 100% innocent.... that it will still cost you in the realm of $36k to prove it if you're indicted in a shooting. That's a potential serious life-altering thing. It could affect your employment. It could affect your children. Your marriage. Whether right or wrong, it could affect all these things and affect your life greatly for years to come if you are taken to court and STILL found innocent anyway. Might not RUIN your life, but it sure as hell has the potential to affect your QUALITY of life for a long time.

[free]

The link I provided was to show a small collection of recent self defense shootings and contrary to popular belief no charges filed.

The statement was made that if you're intoxicated and have to shoot in self defense you're most likely screwed.

So, in the link you sent, what percentage of the shooters were intoxicated?

http://www.thetruthaboutguns.com/201...f-defense/amp/

With this I'm done

One case with a drunk shooter...and the guy he shot was a cop....Not really what I would risk my life and well being on. In any case, it DID go to court. What do you think that not-guilty verdict cost him in cash to the lawyer, lost wages, and lost future job potential? He is also going down for a crime with a potential 2-year prison sentence. Ooops. I guess he will not be carrying in the future.