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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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The Attorneys at Dixon & Moseley, P.C.

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  5. The Single Biggest Mistake Gun Owner’s Make Who Carry a Handgun for Self-Defense

The Single Biggest Mistake Gun Owner’s Make Who Carry a Handgun for Self-Defense

On Behalf of Dixon & Moseley, P.C. | Jul 12, 2017 | Deadly Force, Self-defense

There are numerous legal debates about mistakes you can make carrying a handgun for personal protection. For instance, in a metropolitan community and dense urban area, an argument can be made that open carry and certain body movements in conjunction are intimidation or brandishing? Is leaving a carry gun at a restaurant or in a bathroom such that it makes a person subject to criminal charge (or civil liability)?

These questions have one clear legal answer: it “depends”. That said, in numerous cases over the years we have observed one single factor that has eroded, damaged or criminalized what may have been lawful acts by gun owners—alcohol. In self-defense cases, accidental discharges and leaving or dropping a firearm, charges have been brought—sometimes where they may not have been, and convictions had—because of the presence of alcohol or determination alcohol was in someone’s bloodstream.

Why?   Most importantly, alcohol is a drug and one singled out (like many illicit drugs) by society as reason for social decay. This is reflected in the lowering of the blood alcohol content (BAC) to determine “drunk” driving. Add to this societal view against alcohol as an evil (and sometimes guns), with the factual situations just posed, and what may be viewed as an otherwise imprudent act by a gun owner, the questions abound and may tilt to criminality.

Think about the questions the police, prosecutor, judge or jury will consider: Was the gun owner really in fear for his life or serious bodily injury when he exercised deadly force, or, was he drunk? Would there have been an accidental discharge if the person did have alcohol in his or her system?

Since some individuals have a significant sensitivity (or tolerance) for alcohol that cannot be readily established by a scientific test, having any alcohol in your system may remove your believability to prosecutor who has to determine to charge you and a judge or jury in considering your case (read fate). Certainly a judge or jury is not going to be sympathetic to a defendant who claims a drink or two has no impact on his or her mental capacity and his/her acts were justified.

So the moral of the story is alcohol and guns don’t mix. If you are hunting to carrying a handgun for self-defense (which anecdotal evidence suggest is the most common situation where this arises), avoid alcohol or a firearm until there is absolutely no alcohol in your system. The best measure is to allow a full 24 hours to pass from the last consumption. If not, you may be betting your future on it—your freedom by incarceration and your money by civil suit.

This blog post was written by attorneys at Dixon & Moseley, P.C. who handle gun and firearms related cases, including criminal and civil defense throughout the state of Indiana. This blog is intended for informational purposes only and is not meant to be legal advice or a solicitation for services. This is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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