Open carry, beer in hand, no shooting?

[BobK]

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.

[carmen fovozzo]

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 ?

[Klingon00]

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.

[BobK]

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 ?

Knifing the guy breaking your door down isn't against the law even if you are drunk.

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.

[carmen fovozzo]

Thanks for clearing that up Bob....... I think...

[Werz]

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.

They may even suspect it was not accidental.

[steves 50de]

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.

[Werz]

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.

Who said that, I mean, besides you?

[MyWifeSaidYes]

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.

You can shoot them. You will just have a MUCH more interesting trial.

[TunnelRat]

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.

You can shoot them. You will just have a MUCH more interesting trial.

Yup, and this is how we attorneys make our living...

[pirateguy191]

Well, I certainly hope nobody breaks in my home at the moment. Summer Weizen Ale was on sale at Drug Mart.

[carmen fovozzo]

TR.....didn't know you were a attorney...

[steves 50de]

TR.....didn't know you were a attorney...

He might have more money than you carmen, he buy's up all the cool expensive gun's in the for sale forum.

[Bama.45]

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.

You can shoot them. You will just have a MUCH more interesting trial.

I'd have to say I would have to follow that trial lol.

[TunnelRat]

... he buy's up all the cool expensive gun's in the for sale forum.

Nope, he tries to sell all his cool expensive guns in the for sale forum (without a whole lot of luck ).