Oral arguments for gun owner drunk inside his own house
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Re: Oral arguments for gun owner drunk inside his own house
You have way to much faith in the system. This opens the door for them to say if you have an open container and access to a firearm in your own home- you could be charged. If it's unsecured in a closet or nightstand, even if it's unloaded apparently- again, it's not secured. Not to mention they keep adjusting what they consider to be intoxicated, now it's three beers, tomorrow it's two beers, etc. I imagine after a while they'll say you lose your right to self defense in your home if you've had a few beers- followed by mandatory breathalyzers after each self defense shooting. Just brushed your teeth and used some mouthwash before bed? To bad "drunk", you lose your rights and are getting charged with murder for that 3 am break in. Even if the contact is for something totally benign, you're flagged in the system for having a CCW permit- so now they have probable cause to search your home etc. Eventually this will lead to, do you know anyone you don't like that has a firearm and drinks beer? Dial 911 and report them today. The Pope himself wouldn't legally be able to defend himself in Ohio after conducting holy communion and drinking sacramental wine. That's where this is going.
Last edited by Westsider on Sat Nov 23, 2019 11:35 am, edited 1 time in total.
- Werz
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Re: Oral arguments for gun owner drunk inside his own house
Not unless the Ohio General Assembly changes the law. You must be carrying or using the firearm. You must also be under the influence, not just in possession of an open container. That has been the law for 45 years. There is a legitimate issue here. That issue does not include creative interpretation and paranoia.Westsider wrote:You have way to much faith in the system. This opens the door for them to say if you have an open container and access to a firearm in your own home- you could be charged.
http://codes.ohio.gov/orc/2923.15v1
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Re: Oral arguments for gun owner drunk inside his own house
Werz wrote:Not unless the Ohio General Assembly changes the law. You must be carrying or using the firearm. You must also be under the influence, not just in possession of an open container. That has been the law for 45 years. There is a legitimate issue here. That issue does not include creative interpretation and paranoia.Westsider wrote:You have way to much faith in the system. This opens the door for them to say if you have an open container and access to a firearm in your own home- you could be charged.
http://codes.ohio.gov/orc/2923.15v1
So if you have to defend yourself in your own home after a couple beers you're now a murderer? Breathalyzer after every self defense situation? What's to stop the legislature from lowering the legal thresh holds for what is considered "over the limit"? One beer and you lose your right to self defense? This is going to go exactly as I stated, open container with a CCW permit will become probable cause to search your premises for unsecured firearms. Oh look, it's that mean old veteran out there drinking a beer cutting his grass, let's call the cops because we know he has guns and makes us feel "unsafe". Yah, this won't get abused or anything.
- schmieg
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Re: Oral arguments for gun owner drunk inside his own house
It's not really any different than it has been. If you have to use the weapon while under the influence for a legitimate self defense shoot, self defense will pose a defense to the charge of use while intoxicated just like it does for the assault or homicide charges that you might face. This is the same as it would be if they charged you with discharging a firearm within the city limits.Westsider wrote:Werz wrote:Not unless the Ohio General Assembly changes the law. You must be carrying or using the firearm. You must also be under the influence, not just in possession of an open container. That has been the law for 45 years. There is a legitimate issue here. That issue does not include creative interpretation and paranoia.Westsider wrote:You have way to much faith in the system. This opens the door for them to say if you have an open container and access to a firearm in your own home- you could be charged.
http://codes.ohio.gov/orc/2923.15v1
So if you have to defend yourself in your own home after a couple beers you're now a murderer? Breathalyzer after every self defense situation? What's to stop the legislature from lowering the legal thresh holds for what is considered "over the limit"? One beer and you lose your right to self defense? This is going to go exactly as I stated, open container with a CCW permit will become probable cause to search your premises for unsecured firearms. Oh look, it's that mean old veteran out there drinking a beer cutting his grass, let's call the cops because we know he has guns and makes us feel "unsafe". Yah, this won't get abused or anything.
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Re: Oral arguments for gun owner drunk inside his own house
More like if you're drinking and fighting with your wife at 4 am in the morning and cleaning you gun, And your wife calls the police.Chuck wrote:Basically if you are drinking a beer and cleaning your gun and your wife calls the cops on you, it would be a good idea to put the gun away before the cops get there.
Also according my auxiliary police training I took, when the police show up for a DV call. More then likely one of the parties involved is either going to jail or going to a hotel.
- WY_Not
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Re: Oral arguments for gun owner drunk inside his own house
Or at the very least don't answer the door with it in hand.
Chuck wrote:Basically if you are drinking a beer and cleaning your gun and your wife calls the cops on you, it would be a good idea to put the gun away before the cops get there.
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Re: Oral arguments for gun owner drunk inside his own house
They should make alcohol illegal. That would solve many problems.
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Re: Oral arguments for gun owner drunk inside his own house
That would probably take something like a Constitutional amendment to make that happen.Glock Rock wrote:They should make alcohol illegal. That would solve many problems.
Famous last words: "I just drank What?!-Socrates
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1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
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4. Bi-Curious George
bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
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Re: Oral arguments for gun owner drunk inside his own house
I believe they tried that once! Yeah!Javelin Man wrote:That would probably take something like a Constitutional amendment to make that happen.Glock Rock wrote:They should make alcohol illegal. That would solve many problems.
Abandon ye all HOPE!
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Re: Oral arguments for gun owner drunk inside his own house
Javelin Man wrote:That would probably take something like a Constitutional amendment to make that happen.Glock Rock wrote:They should make alcohol illegal. That would solve many problems.
AlanM
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There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
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Re: Oral arguments for gun owner drunk inside his own house
You're more right than you know.
Trying to outlaw guns is closely related to banning alcohol...so says this YouTuber.
Trying to outlaw guns is closely related to banning alcohol...so says this YouTuber.
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Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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Re: Oral arguments for gun owner drunk inside his own house
They must not teach history in school anymore. A teenager commented to me about gun bans after a mass shooting, because they do it in other countries. My reply was that I didn't think a gun ban in the US would work any better than Prohibition did. I got a deer in the headlights look, and a question about what was prohibition? At first I thought this person was being sarcastic but sadly found out this was not the case.bignflnut wrote:You're more right than you know.
Trying to outlaw guns is closely related to banning alcohol...so says this YouTuber.
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Re: Oral arguments for gun owner drunk inside his own house
UPDATE:
https://www.journal-news.com/nation-wor ... 5ZKZTUKNU/" onclick="window.open(this.href);return false;
https://www.journal-news.com/nation-wor ... 5ZKZTUKNU/" onclick="window.open(this.href);return false;
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Re: Oral arguments for gun owner drunk inside his own house
So if you are intoxicated in your home, you have no right to defend yourself with an unloaded gun under any circumstance.
Makes sense to me.The Supreme Court ruled 4-3 that the state law banning the possession of a weapon while intoxicated regulates “inherently dangerous” conduct and does not impinge on broader Second Amendment rights.
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Re: Oral arguments for gun owner drunk inside his own house
No Occifer, I didn't get drunk until after I shot him. You just took so long, I was able to get through all 16 beers.
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