If either shooter were drunk that in itself is also a felony. Don’t drink and CCW.
Doctrine of competing harms.
If you do something illegal, but by doing so you demonstrably prevent a greater harm from happening, the illegal act is excused.
(Note that if a greater harm is not demonstrably prevented, you’re still culpable. Concealed means concealed.)
And, you are the arbiter of what qualifies as “drunk” in this situation? I think you might be off the track here.
Having a glass of wine or a beer while “out with buds” is not a crime and perfectly legal...even for a CCW holder.
A CCW does not compel the holder to completely abstain from alcohol ingestion. But, that means the CCW should be responsible...and this appears to the case here.
Since the CCW is a law abiding citizen and understands his own limitations while carrying.
The story doesn’t say anyone involved was drunk. The perp was not licensed to carry, and the license holder was sober enough to wound and not kill the suspect.
People in Constitutional carry states don’t have to worry about such infringements.