Other State Do something dumb with a gun = involuntary commitment

[RicInOR]

" Sixth Circuit: Getting stinking drunk and then cleaning a gun may be "dumb," but, without more, it does not justify involuntary commitment. No qualified immunity for cops who committed a woman for doing just that. Dissent: You'd be singing a different tune if the gun owner had actually harmed herself following the text message "Good bye." The police acted reasonably. "


Link goes to a PDF, read the "background" section near the top.

LETICIA RUDOLPH, v. DANIEL T. BABINEC and ROBERT A. ATKINSON,

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[Andy54Hawken]

Did the action , cause any harm...?
If not , then , no foul ....

Please note that I am not saying that cleaning a firearm ( or handling a firearm ) while drunk is a good idea or wise....

Just that if no harm was done and no crime committed , then , no legal action should be taken.
Andy

 

[Capn Jack]

WTF ? Sounds like a self appointed swat team doing a lot of over reacting. Watched too much TV ?
Looks like a very large civil suit in the offing.

 

[awshoot]

WTF ? Sounds like a self appointed swat team doing a lot of over reacting. ...

Daddy complex.

If people aren't allowed to do dumb things, eventually everything is banned and nobody has any freedom.

 

[nwslopoke]

Geez, I didn't read 100% of that because it isn't my bed time (a lot of legaleaze) . But what I did read clearly looks like police overreach. Harming oneself doesn't = suicide. While it can mean that it's not always the case. She obviously, maintained her will to live from the time the husband left until 3am. Some might call that a clue.

The police may have good intentions but they also want to wrap it up before their shift is over. Details, smeatails. In this case the officers were seeking immunity because they acted without regards to the wife's rights because they didn't really seem to care enough to seek a few facts. The lady was drunk in her own house. Exactly the place one is suppose to be drunk.

 

[NW Backpacker]

Just that if no harm was done and no crime committed , then , no legal action should be taken.

In locations where they have RFLs, she committed the "crime" of threatening suicide, or making others think she might commit suicide. The punishment for that crime in Oregon (don't know about Michigan) is confiscation of your firearms.

She made at least 2 mistakes:
1 - threatened suicide or made a suicidal remark (a text in this case)
2 - opened the door for the police - don't do it - talk thru the closed door or thru an adjacent window

 

[Talos32]

WTF ? Sounds like a self appointed swat team doing a lot of over reacting. Watched too much TV ?
Looks like a very large civil suit in the offing.View attachment 620680

Losing qualified immunity means the officers can be sued directly. Sounds like there's about to be some bankrupt cops.