Open carry, beer in hand, no shooting?
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- BobK
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Re: Open carry, beer in hand, no shooting?
Werz, I agree with both your points. In fact, I started out thinking I was also going to add the biggest risk is a judgement error, where a person thinks they are reasonable but are too impaired to realize they just made a really bad choice. The nightmare scenario is shooting someone while drunk who should never have been shot. Like the 14 year old kid who innocently rang the doorbell. (However, I got interrupted writing the previous post and forgot to complete that thought.)
An analogous example of carrying impaired in case there is a risk versus taking immediate action in response to an imminent risk would extend to a felon using a firearm in self defense. Felons cannot possess guns.
So a felon carrying a gun who responds to someone trying to kill him by shooting in self defense can be innocent for charges resulting from shooting the person. However, the felon is still guilty of illegal possession of a firearm. In contrast, a felon getting robbed by two armed attackers who takes the gun away from one attacker and shoots the other should have "necessity" also apply to "possessing" (momentarily) a firearm.
An analogous example of carrying impaired in case there is a risk versus taking immediate action in response to an imminent risk would extend to a felon using a firearm in self defense. Felons cannot possess guns.
So a felon carrying a gun who responds to someone trying to kill him by shooting in self defense can be innocent for charges resulting from shooting the person. However, the felon is still guilty of illegal possession of a firearm. In contrast, a felon getting robbed by two armed attackers who takes the gun away from one attacker and shoots the other should have "necessity" also apply to "possessing" (momentarily) a firearm.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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Re: Open carry, beer in hand, no shooting?
How about I use a knife on the guy when he brakes the door down ? Is there a law in Ohio on the books that says I can't be drunk in my own home ?
Life is full of God given coincidences..
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Thanks for shopping at Charmin Carmens
- Klingon00
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Re: Open carry, beer in hand, no shooting?
Lets not forget that any prosecutor will be pounding on the fact that you were drunk and that your judgement was impaired. Drinking while being armed is a legal risk on top of everything else.
Why is it many people who are arrested for DUI claim they can handle their liquor and that their judgement wasn't impaired regardless of what the LEO claims they witnessed? Same thing can easily happen with firearms too.
Why is it many people who are arrested for DUI claim they can handle their liquor and that their judgement wasn't impaired regardless of what the LEO claims they witnessed? Same thing can easily happen with firearms too.
- BobK
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Re: Open carry, beer in hand, no shooting?
Knifing the guy breaking your door down isn't against the law even if you are drunk.carmen fovozzo wrote:How about I use a knife on the guy when he brakes the door down ? Is there a law in Ohio on the books that says I can't be drunk in my own home ?
However, if you are trying to knife the guy but you stumble because you are drunk and stab your wife instead, then being drunk with a knife is creating problems.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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Re: Open carry, beer in hand, no shooting?
Thanks for clearing that up Bob....... I think...
Life is full of God given coincidences..
A MEMBER OF OFCC SINCE 2004...
Thanks for shopping at Charmin Carmens
A MEMBER OF OFCC SINCE 2004...
Thanks for shopping at Charmin Carmens
- Werz
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Re: Open carry, beer in hand, no shooting?
They may even suspect it was not accidental.BobK wrote:However, if you are trying to knife the guy but you stumble because you are drunk and stab your wife instead, then being drunk with a knife is creating problems.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
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Re: Open carry, beer in hand, no shooting?
So under ohio law if you are drunk IN YOUR OWN HOME and someone kicks in your door to rob the place .The robber come's at you say with a crow bar or knife you better not shoot them.
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- Werz
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Re: Open carry, beer in hand, no shooting?
Who said that, I mean, besides you?steves 50de wrote:So under ohio law if you are drunk IN YOUR OWN HOME and someone kicks in your door to rob the place .The robber come's at you say with a crow bar or knife you better not shoot them.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
- MyWifeSaidYes
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Re: Open carry, beer in hand, no shooting?
You can shoot them. You will just have a MUCH more interesting trial.steves 50de wrote:So under ohio law if you are drunk IN YOUR OWN HOME and someone kicks in your door to rob the place .The robber come's at you say with a crow bar or knife you better not shoot them.
MyWifeSaidYes
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Re: Open carry, beer in hand, no shooting?
Yup, and this is how we attorneys make our living...MyWifeSaidYes wrote:You can shoot them. You will just have a MUCH more interesting trial.steves 50de wrote:So under ohio law if you are drunk IN YOUR OWN HOME and someone kicks in your door to rob the place .The robber come's at you say with a crow bar or knife you better not shoot them.
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
- pirateguy191
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Re: Open carry, beer in hand, no shooting?
Well, I certainly hope nobody breaks in my home at the moment. Summer Weizen Ale was on sale at Drug Mart.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
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Re: Open carry, beer in hand, no shooting?
TR.....didn't know you were a attorney...
Life is full of God given coincidences..
A MEMBER OF OFCC SINCE 2004...
Thanks for shopping at Charmin Carmens
A MEMBER OF OFCC SINCE 2004...
Thanks for shopping at Charmin Carmens
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Re: Open carry, beer in hand, no shooting?
He might have more money than you carmen, he buy's up all the cool expensive gun's in the for sale forum.carmen fovozzo wrote:TR.....didn't know you were a attorney...
Black Rifles Matter
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Re: Open carry, beer in hand, no shooting?
MyWifeSaidYes wrote:You can shoot them. You will just have a MUCH more interesting trial.steves 50de wrote:So under ohio law if you are drunk IN YOUR OWN HOME and someone kicks in your door to rob the place .The robber come's at you say with a crow bar or knife you better not shoot them.
I'd have to say I would have to follow that trial lol.
"Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen
U.S. Marines 01-07
~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen
U.S. Marines 01-07
~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
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- Deceased
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Re: Open carry, beer in hand, no shooting?
Nope, he tries to sell all his cool expensive guns in the for sale forum (without a whole lot of luck ).steves 50de wrote: ... he buy's up all the cool expensive gun's in the for sale forum.
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.