Other State Drink At Home with a Gun Present? Illegal? Ohio Supreme Court to Decide

RicInOR

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However, in Ohio, arguments are gearing up to determine whether drinking at home should make use of a firearm illegal.

The Ohio Supreme Court will hear arguments in February to decide whether a law prohibiting gun owners from carrying firearms while intoxicated should be applied inside a gun owner’s home.
Lawyers for a Clermont County man arrested in 2018 after he acknowledged having an unloaded shotgun while drunk say the law is unconstitutional when applied to homeowners.
They say a person’s sobriety or intoxication level should have nothing to do with possessing a weapon “in the hearth and home.”
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Clearly being intoxicated with a FA is stupid. But illegal ?
How can you say for certain that you were in imminent danger, if your judgement was impaired?

What level intoxication? Cold medicine?, blow .08 ? Pot?


One to follow. Feb 25th, 2020.
2019-0544 State of Ohio v. Fredrick M. Weber
 
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i wanna say being intoxicated and in possession of a firearm in alaska is a crime whether it be in your home or not. i could be wrong
I believe this to be correct. I was watching the show alaska state troopers, a Homeowner ends up shooting a guy in his house. He’s released but the next day some family of the deceased shows up, the cops show up and the homeowner has a rifle and had been drinking. Guess who goes to jail. The homeowner.

of all the states I would have never imagined that in Alaska.
 

Alexx1401

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I believe this to be correct. I was watching the show alaska state troopers, a Homeowner ends up shooting a guy in his house. He’s released but the next day some family of the deceased shows up, the cops show up and the homeowner has a rifle and had been drinking. Guess who goes to jail. The homeowner.

of all the states I would have never imagined that in Alaska.
If this is how the law works this means all LEO's in the state are then banned from using alcohol, correct?
I have to VERY much hope there is a LOT more too this.
 
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"
However, in Ohio, arguments are gearing up to determine whether drinking at home should make use of a firearm illegal.


"

Clearly being intoxicated with a FA is stupid. But illegal ?
How can you say for certain that you were in imminent danger, if your judgement was impaired?

What level intoxication? Cold medicine?, blow .08 ? Pot?


One to follow. Feb 25th, 2020.
2019-0544 State of Ohio v. Fredrick M. Weber
Sounds to me like these may be “test cases” to see how the anti-gun lobby can build the foundation for knowing about guns in your home.

The more legal “ins”, or reasons, they can get for violations tied to guns in the home, the more likely they can know about, and eventually confiscate, said guns.

F.e. “We have to register guns so we can enforce new law x”. Then when they have a list of guns and know where they are, when a gun confiscation law comes in the future they know where to get them. And they have legal precedent for confiscating guns in your home.

In addition this could easily turn into “your husband is drunk ma’am, do u have any guns in the home?”
 
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bolus

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So breaking amendment 2 and 21. Only way it seems to break both those at the same time is by breaking amendment 3.

I propose everyone in the US who owns a gun (permitted, and registered of course) and has a permit to purchase alcohol (and a permit for glasses) shall have a member of the military stationed in their home at all times to make sure no one drinks while owning firearms.

/s
 

Hawaiian

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The gun grabbers will attack the 2nd amendment rights any way they can.
I agree that guns and alcohol don't mix.
I drink, I like to drink. When at home, or anywhere else, I do not handle a firearm when I am drinking.
This is not because of any law, it is for self preservation. Alcohol affects our judgement. Yep, we have all done stupid stuff after drinking. I don't want to do something stupid that I will later regret and that will also get me in a whole lot of trouble.

The problem arises when the prosecutor can show that your intoxication contributed to your shooting someone when it was not necessary. This applies even when you are not drinking.

Home invasion. Some one kicks in your door. Wife and kids are at home. Anyone would open fire on the intruders.
But, when they turn and are running away, most would stop shooting. However, if intoxicated, some would chase them outside and keep shooting because we are drunk and pissed off. Yes, alcohol does impair our judgement.

Note, the case deals with "intoxication", not with someone who had a beer or two.
Still, I don't want them to tell me what I can or can not do in my own home. F em.
 

mkwerx

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I believe this to be correct. I was watching the show alaska state troopers, a Homeowner ends up shooting a guy in his house. He’s released but the next day some family of the deceased shows up, the cops show up and the homeowner has a rifle and had been drinking. Guess who goes to jail. The homeowner.

of all the states I would have never imagined that in Alaska.
Alaska has some really odd, outdated laws when it comes to alcohol. It stems from heavy substance abuse among the indigenous population (not to mention the whites that settled there) - Alaska is a frigid paradise, but it also can bring on crippling depression and loneliness, and a lot of people self medicate thru booze and drugs. A lot - if not most - Alaskan villages are dry - that is alcohol is banned entirely. Prohibition is still in force in much of Alaska, and a black market for booze up there is big and can bring big, big money.

I've heard a lot of stories in fly shops of guys who take annual vacations to Alaska, and they smuggle gallons of booze with them, which sells for 3-4 or even 5X what it goes for here in the lower 48. A guy could almost pay for a couple days of his stay in booze in some places.
 

The Heretic

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I remember reading an article from the 50s on Bullseye competition. They stated that a good swig of whiskey helped steady their aim. Does it keep getting better with more swigs? Or do you just think it's better :s0114:
Some shooters take beta blockers to reduce their heart rate.


I take metoprolol for high blood pressure. Robaxin for muscle spasms. And so on. Does that make me a danger because I have guns in my house?

I can't drink (because of the meds) and I wouldn't anyway, but it would make me dangerous.
 

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