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Ohio Supreme Court To Decide Whether Gun Owners Can Drink At Home

This is a discussion on Ohio Supreme Court To Decide Whether Gun Owners Can Drink At Home within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; I guess the validity of our 4th Amendment is being challenged in the same way our 1st and 2nd Amendments are. Well, if such an ...

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Thread: Ohio Supreme Court To Decide Whether Gun Owners Can Drink At Home

  1. #46
    Member Array Misty Lu's Avatar
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    I guess the validity of our 4th Amendment is being challenged in the same way our 1st and 2nd Amendments are.

    Well, if such an intrusive law comes to Indiana, Wolfie and I are going to be in a lot of trouble, cause we keep both loaded guns and loaded bottles in our home.

  2. #47
    VIP Member Array OldChap's Avatar
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    @KevinRohrer I'm certainly not trying to bust your chops over this. Good laws make the difficult job of law enforcement easier. Bad laws make it more difficult. Regardless of your personal examples, I think the consensus here is that this may be a bad law. There is no doubt that it is more government intrusion into citizen's lives. There is no way we need more of that - especially when the job is difficult enough.
    "The difference between genius and stupidity is that genius has limits."

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  3. #48
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    Quote Originally Posted by KevinRohrer View Post
    However, the law we are discussing seems to me to be more about Prevention.
    This “preventing crime” expressly makes me think about the movie, Minority Report. I shudder to think of the level of monitoring the authorities could exercise in the name of “preventing” crime.

    Being drunk w/ a firearm is just as bad as being drunk and operating a motor vehicle
    No, being drunk with a firearm is more akin to being drunk, sitting in your car inside your garage.

    I think I’m getting this reading for understanding thing now, eh?
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  5. #49
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    Quote Originally Posted by OldChap View Post
    Were you more concerned that he was drunk or was it that he touched off a rifle in the general direction of a highway or neighbor's homes? More to the point. Is it lawful for him in the absence of this proposed law to touch off the rifle at innocent persons or property if he is drunk inside his home? I've been on hundreds of drunk calls. I can't ever remember us arresting someone who was shooting in the direction of innocent people on a charge of public intoxication.

    I understand your writing, what I don't get is your thinking. Sure people do incredibly stupid things when they're drunk. People also do incredibly stupid things with guns, drunk or not. Operating a motor vehicle while drunk and causing bodily injury is far more serious than a simple DUI. Shooting at people, their property, or across a public highway is far more serious than a charge of public intoxication. Is it your thought that this drinking inside a home and touching a firearm is going to be a high class felony?
    For the third and last time, read the admittedly vague article the OP posted. Don't read anything into it. Then read what I wrote. Understand that text, THEN I will respond. Your response tells me you are not on the right page.
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    Quote Originally Posted by pskys2 View Post
    It only surprises me that Progressives haven't seized on this issue already. In Kansas if you have a DUI, you are required to remove all firearms from the home. I couldn't believe it until a co-worker, who had a DUI (lost his job due to the affect to his CDL, spent close to $10000 to fight and lost) showed me the paperwork. And this is in gun friendly KANSAS!
    THIS is certainly a 2A violation and should not be allowed to stand. There is no correlation between the two.
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  7. #51
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    Quote Originally Posted by Misty Lu View Post
    I guess the validity of our 4th Amendment is being challenged in the same way our 1st and 2nd Amendments are.

    Well, if such an intrusive law comes to Indiana, Wolfie and I are going to be in a lot of trouble, cause we keep both loaded guns and loaded bottles in our home.
    From what the OP's article says (and not reading anything into it as others here are doing), this is entirely a 2A question; 4A has nothing to do with it.
    Member: Orange Gunsite Family, NRA--Life, American Legion
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  8. #52
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    Quote Originally Posted by OldChap View Post
    @KevinRohrer I'm certainly not trying to bust your chops over this. Good laws make the difficult job of law enforcement easier. Bad laws make it more difficult. Regardless of your personal examples, I think the consensus here is that this may be a bad law. There is no doubt that it is more government intrusion into citizen's lives. There is no way we need more of that - especially when the job is difficult enough.
    To me, the law I quoted from the ORC is one of the very few ones of our Rights that are universal, but w/ those Rights come responsibility. And someone who acts irresponsibly with a firearm hurts us all.

    Look at it another way, when people act irresponsibly w/ firearms and others are hurt and killed, Legislators chip away at the 2A. Someone acting stupid by the combination of (1) getting drunk and then (2) acting out w/ firearms by (3) engaging in bad conduct w/ them that (4) is so outrageous it attracts the attention of the gov'mint but is arrested for this minor crime interrupts the stupid behavior and prevents him from doing worse things which hurt us gun owners. Hopefully my reasoning is not too subtle for most of you. We are all on the same side here, but I seem to be one of the few who realize that Rights are not absolute (although by definition they are) in modern society due to the proximity of others w/ their own agendas and Right to Life, which outweighs the 2A.
    Last edited by KevinRohrer; November 23rd, 2019 at 05:19 PM.
    Member: Orange Gunsite Family, NRA--Life, American Legion
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  9. #53
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    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.” (<<<NOTE THE PERIOD)

    And, honestly, they’re right.
    You mean this article? This is the only remotely "real world" subject on this page. This is the challenge the court will hear.

    https://bearingarms.com/tomk/2019/11...a3bd3f69f18232

    A man with an unloaded shotgun who is drunk inside his home. Not threatening anyone, not assaulting his son, not sitting on his lawn shooting a .270, not picking up the weapon in the presence of law enforcement, merely possessing an unloaded firearm while breaking no other law in his own home.

    You keep saying no one is reading the article. Everything on the webpage, save this snippet, is opinion. Here lies the basis for the court challenge. How is this in any way even remotely like your two examples?

    I don't know why you're adding all this to the reported narrative....

    ...Look at it another way, when people act irresponsibly w/ firearms and others are hurt and killed, Legislators chip away at the 2A. Someone acting stupid by the combination of (1) getting drunk and then (2) acting out w/ firearms by (3) engaging in bad conduct w/ them that (4) is so outrageous it attracts the attention of the gov'mint but is arrested for this minor crime interrupts the stupid behavior and prevents him from doing worse things which hurt us gun owners. Hopefully my reasoning is not too subtle for most of you.
    ...but I think the problem here is you assume everyone understands what you read in the same way you understand it. Maybe a better tactic for you would be to sit down and read this again, noting the words underlined and comment I've highlighted, noting carefully the enormous differences between what you say in the above paragraph and the facts as reported in the quote at the top of the page, and figure out what page you're on and let us know.

    Now it occurs to me that you might be one of the law enforcement officers who triggered this challenge. If you are, then I suggest you not discuss the case here.
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  10. #54
    VIP Member Array scottync's Avatar
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    As if we need another gun law. Death by a thousand paper cuts.
    "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms." - Sam Adams

  11. #55
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    Quote Originally Posted by KevinRohrer View Post
    THIS is certainly a 2A violation and should not be allowed to stand. There is no correlation between the two.
    Agreed but anyone going through a DUI case has so many other issues that their guns are low on the list. And it would take that person to fight it. Combined with the nanny states prediliction of protecting people from themselves, I doubt anything short of a SCOTUS with an Anthony Scalia in session would overturn it.

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