Gun and Alcohol Case Could Put Citizens at Risk in Their Own Homes
Significantly, a citizen old enough to serve in the military can reach that level after only one drink.
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Gun & Alcohol Case
- Thread starter wahsben
- Start date
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VetteGirlMA
NES Member
The case only applies to Ohio, but let's be real. Since MA is may issue, do you think if the cops came to your house for a loud party and saw you tipsy inside your own house while open carrying also inside your own house, that you wouldn't wake up in jail the next day wondering how you got there? Then we can have another kangaroo court decision that states that the law regarding carrying of weapons while intoxicated also applies inside the privacy of your home, except for cops they get a free pass as always.
KBCraig
NES Member
There was a case in Pennsylvania some years back, where a guy admitted in a routine doctor's visit that he drank about six beers every night. The doctor reported him to police as a chronic alcohol abuser, and his carry license was yanked.
Pretty soon it'll get to be like DUI, where the elements include having access to car keys and a car while inebriated. People have gotten arrested for DUI while sleeping it off in the backseat, or while retrieving personal belongings from the vehicle prepatory to taking a cab or public transport home from a drinking establishment. The actual element of operation doesn't need to be involved, depending on state law. I can see that viewpoint being applied to getting drunk in your own house, even if all your guns are locked away in a safe and you're not carrying at the time.
A friend of mine was at a wedding in uniform. (Marine) Had a few, decided not to drive, called a cab. Officer sitting in the parking lot of the establishment saw him walk to his convertable rental car when the cab arrived. The cab was blocking him in. He sat in the driver's seat to put the top back up, feet on the ground the whole time. The cop arrested him for DUI because the key fob was in his possession while sitting in the driver's seat.
The case was tossed by the DA Monday Morning, since there were close to a dozen witnesses at the bail hearing.
Seemed the officer had a hard on for Marines and had done this sort of overreach before.
D
Deleted member 67409
This case, if you read the article, had nothing to do with carrying while drunk. The convicted guy had an unloaded shotgun in the home.
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Just about guaranteed that his comma ding officers were informed of his arrest. If he was supposed to be back on base Monday and he was in a civilian criminal court instead, AWOL under UCMJ.
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But, unlike MA, OH applies the 08 standard for CUI. There is no limit in MA because a court found that guns are far more dangerous than cars. My wife has a titanium plate in her neck that says otherwise, but my guns have a perfect safety record.
He actually had 2 weeks leave, so he was fine so far as AWOL was concerned, but he did have to explain to his Sergeant Major under what circumstances he was arrested in uniform. He provided a poopload of sworn statements, the statement from the DA, and statements from the venue owner that he was not trying to drive, and was trying to be responsible, when the officer over reacted. In the end, he needed to write an essay to his commanding officer outlining the circumstances, include the statement of apology from the DA for the actions of the officer, and even then, he needed to "volunteer" his next 10 days off "sharing" his tale of moral ineptitude at various groups within his posting.
smokey-seven
NES Member
comma ding... what a great subliminal typo! I will use this in the future.
