An interesting case "Do guns and drinks mix at home?"

An interesting case "Do guns and drinks mix at home?"

This is a discussion on An interesting case "Do guns and drinks mix at home?" within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Do guns and drinks mix at home? Court hearing man's case Attorneys for defendant Fred Weber say the 2018 arrest was unconstitutional because he was ...

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    Senior Member Array Psycho41's Avatar
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    An interesting case "Do guns and drinks mix at home?"

    Do guns and drinks mix at home? Court hearing man's case

    Attorneys for defendant Fred Weber say the 2018 arrest was unconstitutional because he was in his own home and the weapon was unloaded. Weber was arrested in southwestern Ohio by sheriff's deputies after Weber's wife placed a 4 a.m. 911 call saying her husband had a gun and was drunk.
    While I certainly don't advocate mixing alcohol and firearms, this case does raise some interesting questions. If such a law is constitutional, then the logical conclusion is that once someone consumes alcohol (to what extent?) they give up their 2A right even in their own home until the alcohol has left their system (or until it reached an approved level). What I find more troubling than the prima facie of the law, was the statement by the prosecutor:

    [quote]The fact the gun wasn't loaded doesn't change anything about the threat to safety posed by Weber, the prosecutor's filing said[quote]

    That tells me all I need to know about the prosecutor's ideological persuasion. I wonder if he is related to the CA councilwoman Sandy Sheedy who once famously stated "There have been a lot of people shot by an unloaded gun."

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    VIP Member Array jmf552's Avatar
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    I am all for personal responsibility, a concept that seems to have gotten lost over time. I am not for blanket rules for everyone. Everyone should know what their limits are to drink, take prescription drugs, be sleep deprived, have medical conditions that affect perception, etc. and then handle guns, drive cars, work on a roof, do electrical work, ride motorcycles, etc. If someone doesn't have that level of self awareness, they are automatically disqualified from doing anything hazardous.

    The law in my state says you can't drink and carry a gun in public, like it wouldn't be an equal problem at home. But there is an exception for LEOs, whether on duty or not, like they can drink and carry, but the rest of us can't, even though they have their share of problems with firearms like everyone else. Bottom line: You should be responsible for all your actions all the time, no matter what you have imbibed.

    Personally, I know my limits and I follow them. As soon as someone starts making rules that apply to everyone, some legislator will propose it be made a law, aka infringement. I have no doubt the Founding Fathers had no objection to someone handling a gun after having a pint of ale.
    Attack Squadron 65 "Tigers", USS Eisenhower '80 - '83, peackeeping w/Iran, Libya, Lebanon and E. Europe

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    Distinguished Member Array KILTED COWBOY's Avatar
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    What I do in my own home is nobody's business.
    I enjoy my drink of whisky each night and will not give up my gun.
    My problem with this story is the guy's wife who called the cops.
    If I was him I would also be looking for a good divorce lawyer.

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    Senior Member Array Psycho41's Avatar
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    Well thankfully, some level-headed organizations have weighed in (according to a different report)
    The Giffords Law Center to Prevent Gun Violence and the Brady Center to Prevent Gun Violence have also filed briefs in support [of Clermont County].
    Just in case it is not painfully obvious - that was sarcasm. :)

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    Senior Member Array OneGunTX's Avatar
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    The case sounds like it came out of Bizzaro world. What I do in my home is my business. If the State wins in this case, they will start putting cameras in our homes to make sure we don't swear, talk unflatteringly of the Democrats, or intrude into my bedroom.

    The man was drunk in his home. Put his unloaded shotgun back in the safe, and say goodnight. That is all.
    CHINA LIED AND PEOPLE DIED!

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    Senior Member Array Frodebro's Avatar
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    Quote Originally Posted by jmf552 View Post
    I am all for personal responsibility, a concept that seems to have gotten lost over time. I am not for blanket rules for everyone. Everyone should know what their limits are to drink, take prescription drugs, be sleep deprived, have medical conditions that affect perception, etc. and then handle guns, drive cars, work on a roof, do electrical work, ride motorcycles, etc. If someone doesn't have that level of self awareness, they are automatically disqualified from doing anything hazardous.

    The law in my state says you can't drink and carry a gun in public, like it wouldn't be an equal problem at home. But there is an exception for LEOs, whether on duty or not, like they can drink and carry, but the rest of us can't, even though they have their share of problems with firearms like everyone else. Bottom line: You should be responsible for all your actions all the time, no matter what you have imbibed.

    Personally, I know my limits and I follow them. As soon as someone starts making rules that apply to everyone, some legislator will propose it be made a law, aka infringement. I have no doubt the Founding Fathers had no objection to someone handling a gun after having a pint of ale.
    Liberals don't believe in personal responsibility-they want somebody to hold their hands and guide them through life (while giving them free stuff and not holding them accountable for anything). Liberal politicians see this as an opportunity to take control over everything we say and do.
    msgt/ret and demanic like this.

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    VIP Member Array OldVet's Avatar
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    Fortunately for some of us, Florida does not prohibit possession/carrying when drinking. Even drunks still have rights.
    msgt/ret and gasmitty like this.
    Retired USAF E-8. Curmudgeon on the loose.
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    VIP Member Array RScottie's Avatar
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    No one should be charged with a crime when no damage has occurred or there is no victim.

    Putting someone in jail for what "MIGHT" have happened is wrong.
    GraySkies likes this.

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    So if that prosecution holds up, does that mean one can't vote after drinking, too? How on earth will all these anti-gun liberals get re-elected if the voters are all sober?
    BHC and Cnon like this.
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    Member Array giz5792's Avatar
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    In Minnesota you shouldn't carry if your B.A. level is a .04, but it doesn't say anything about drinking at home. Unless he said something or made some kind of gesture towards his wife we don't know about, this case should have never gone to the Ohio Supreme Court, but been tossed in a lower court.

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    VIP Member Array forester58's Avatar
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    An interesting case "Do guns and drinks mix at home?"-ar-15-decantor.jpg


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    VIP Member Array Stevew's Avatar
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    I don't drink very often, or much. I don't think having a drink means you give up the right to protect yourself. It is your responsibility to not do anything stupid, with or without alcohol. If you know you do stupid stuff, lock your gun up.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

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    VIP Member Array jmf552's Avatar
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    Quote Originally Posted by Stevew View Post
    I don't drink very often, or much. I don't think having a drink means you give up the right to protect yourself. It is your responsibility to not do anything stupid, with or without alcohol. If you know you do stupid stuff, lock your gun up.
    I agree, 100%, but I can hear the counter argument. People who know they do stupid stuff when they drink, will do stupid stuff when they drink, like not locking their guns up. Because they are, by definition, people who do stupid stuff when they drink.
    Attack Squadron 65 "Tigers", USS Eisenhower '80 - '83, peackeeping w/Iran, Libya, Lebanon and E. Europe

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    VIP Member Array OldVet's Avatar
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    Quote Originally Posted by jmf552 View Post
    I agree, 100%, but I can hear the counter argument. People who know they do stupid stuff when they drink, will do stupid stuff when they drink, like not locking their guns up. Because they are, by definition, people who do stupid stuff when they drink.
    Heeeeey!
    Retired USAF E-8. Curmudgeon on the loose.
    Lighten up and enjoy life because:
    Paranoia strikes deep, into your life it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

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    Ex Member Array oldIthink's Avatar
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    A joke-
    If I waited until I was 100% sober to do something I'd never get anything done!

    That invasion of privacy in my book. But without knowing this guy's demeanor when he's drunk or the status of their marriage I'm on the fence. I grew up nextdoor to alcoholics. I helped defuse one or the other of those folks many times through my teens. Especially when Tom cut apart a bedroom door with a knife to get at his daughter who was my age. Wasn't pretty... Ever.

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