warning shots

[mekender]

One other thing I thought I should bring up here is that the second you saw this person and knew they were trouble you should arm yourself. That way if he does something stupid you don't have to run all over your house looking for a gun. I used to live in a house with several other college kids and I was always armed, even when we had the girls wrestle in the pool full of shaving creme.

they only real grey area would be if you were drinking too. then you could get into trouble for being armed...

Just in case anyone is wondering, in FL the entire section of laws dealing with it being illegal to use a firearm while intoxicated is null and void if it is a self defense scenario. I would highly suggest looking into your own state laws because I'm sure there are at least a few other sane states out there that make similar accommodations. While I'm not advocating using firearms while intoxicated (in fact it is very dangerous to you and others and thus very stupid) I am noting that it is good that some states realize that you can't always pick when someone will bust into your house and start attacking you and yours and its nice that you wont have to consider how many beers you've had at the BBQ before defending yourself.

while that is indeed true, you can bet your ass that any shooting will get 10 times the scrutiny if you are drunk than if you arent.

[tcourtplayer]

Just in case anyone is wondering, in FL the entire section of laws dealing with it being illegal to use a firearm while intoxicated is null and void if it is a self defense scenario. I would highly suggest looking into your own state laws because I'm sure there are at least a few other sane states out there that make similar accommodations. While I'm not advocating using firearms while intoxicated (in fact it is very dangerous to you and others and thus very stupid) I am noting that it is good that some states realize that you can't always pick when someone will bust into your house and start attacking you and yours and its nice that you wont have to consider how many beers you've had at the BBQ before defending yourself.

while that is indeed true, you can bet your ass that any shooting will get 10 times the scrutiny if you are drunk than if you arent.

Oh, I don't deny that at all. As I stated in my comments I believe the use of firearms while intoxicated is extremely dangerous and thus very stupid. Because of this any use of firearms while intoxicated should receive a MUCH greater amount of scrutiny then when used while stone cold sober. I was merely stating that it is nice that there are states out there that realize just because you drank at a party earlier in the night doesn't mean you are no longer justified in using all means available for self defense including a firearm if applicable (such as in cases of home invasion in the middle of the night...no time to take a breathalyzer there before grabbing for the bedside gun.) In a perfect world this discussion wouldn't even be needed but we are far from that world here.

[mekender]

In a perfect world this discussion wouldn't even be needed but we are far from that world here.

slowly but surely, we are getting the gun rights back that will help in that endeavor.

[Aglifter]

I'm a bit rusty on it, but I think that if you used a gun to defend yourself, while intoxicated, any laws against being in possession of a weapon while intoxicated should be considered a lesser included offense -- honestly, I have to look at the laws for being intoxicated, in possession of a weapon, I suspect it requires being in public as well... (Too many problems about being "in possession" of a weapon, while drunk, in your house...)

[chrisb]

One other thing I thought I should bring up here is that the second you saw this person and knew they were trouble you should arm yourself. That way if he does something stupid you don't have to run all over your house looking for a gun. I used to live in a house with several other college kids and I was always armed, even when we had the girls wrestle in the pool full of shaving creme.

\

Exactly. Here in Texas, you would be within your rights to blow the guy away as soon as he refuses to leave, and you feel you or others are in real danger.

My decision to shoot would probably be something like this.

1. Get gun.
2. Ask guy to leave with gun concealed.
3. Tell guy to leave with gun drawn and aimed at him.
4. Have someone call the cops.
5. If guy makes aggressive move towards me he gets dropped once he is in range to do me harm. If there was time to give him a verbal warning, then I would. If not, not so much.

Bottom line: If you are in my house, and I don't want you there, you sure as hell better leave pronto.

[Rod]

One other thing I thought I should bring up here is that the second you saw this person and knew they were trouble you should arm yourself. That way if he does something stupid you don't have to run all over your house looking for a gun. I used to live in a house with several other college kids and I was always armed, even when we had the girls wrestle in the pool full of shaving creme.

\

Exactly. Here in Texas, you would be within your rights to blow the guy away as soon as he refuses to leave, and you feel you or others are in real danger.

My decision to shoot would probably be something like this.

1. Get gun.
2. Ask guy to leave with gun concealed.
3. Tell guy to leave with gun drawn and aimed at him.
4. Have someone call the cops.
5. If guy makes aggressive move towards me he gets dropped once he is in range to do me harm. If there was time to give him a verbal warning, then I would. If not, not so much.

Bottom line: If you are in my house, and I don't want you there, you sure as hell better leave pronto.

I would probably move number 4 to number 1 or do it myself and let the police know I was armed because of fear.

[mekender]

I'm a bit rusty on it, but I think that if you used a gun to defend yourself, while intoxicated, any laws against being in possession of a weapon while intoxicated should be considered a lesser included offense -- honestly, I have to look at the laws for being intoxicated, in possession of a weapon, I suspect it requires being in public as well... (Too many problems about being "in possession" of a weapon, while drunk, in your house...)

here in NC the only laws against possession while intoxicated are for concealed carry... now if you were open carrying and drunk im quite sure they could find something to charge you with... but either way, that wont matter on your own property.

[1911Man]

My orientation is that once I point a firearm, said subject has 1 second to surrender; if he doesn't, I shoot to incapacitate.

That may be fine where you live, but it's illegal in Texas to intentionally maim someone. The law reads that if force is required to stop an attack, then deadly force is allowed. The goal of shooting is to stop an attack. You can tell the LEO's that you were shooting center mass and missed (through your attorney), but never admit to shooting to wound or incapacitate. At least not in Texas. They even changed our CHL targets to focus totally on center mass shots.

Warning shots are generally a BAD idea. Every rule has exceptions.

[308Mike]

You shoot to stop the threat. There are no liability freebies for shooting to warn someone.

[SeekHer]

I've posted this before:

If you carry a weapon be prepared to pull it...

If you pull it you had better be prepared to use it...

If you use it you be prepared that you may have to kill someone...

If you do kill someone your better have a good lawyer on speed dial and be prepared to give no statement to the police until they arrive other then your name and address...

If you are not prepared for the above you have no business carrying a weapon...