Oral arguments for gun owner drunk inside his own house

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Westsider
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Re: Oral arguments for gun owner drunk inside his own house

Post by Westsider »

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.
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Werz
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Re: Oral arguments for gun owner drunk inside his own house

Post by Werz »

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.
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.

http://codes.ohio.gov/orc/2923.15v1
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Westsider
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Re: Oral arguments for gun owner drunk inside his own house

Post by Westsider »

Werz wrote:
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.
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.

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

Post by schmieg »

Westsider wrote:
Werz wrote:
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.
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.

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.
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.
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Re: Oral arguments for gun owner drunk inside his own house

Post by Whirlwind06 »

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.
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.

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.
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Re: Oral arguments for gun owner drunk inside his own house

Post by WY_Not »

Or at the very least don't answer the door with it in hand. :shock:
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

Post by Glock Rock »

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

Post by Javelin Man »

Glock Rock wrote:They should make alcohol illegal. That would solve many problems.
That would probably take something like a Constitutional amendment to make that happen.
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Re: Oral arguments for gun owner drunk inside his own house

Post by Cruiser »

Javelin Man wrote:
Glock Rock wrote:They should make alcohol illegal. That would solve many problems.
That would probably take something like a Constitutional amendment to make that happen.
I believe they tried that once! Yeah! :wink:
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Re: Oral arguments for gun owner drunk inside his own house

Post by AlanM »

Javelin Man wrote:
Glock Rock wrote:They should make alcohol illegal. That would solve many problems.
That would probably take something like a Constitutional amendment to make that happen.

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Re: Oral arguments for gun owner drunk inside his own house

Post by bignflnut »

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

Post by M-Quigley »

bignflnut wrote:You're more right than you know.

Trying to outlaw guns is closely related to banning alcohol...so says this YouTuber.
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? :roll: At first I thought this person was being sarcastic but sadly found out this was not the case. :(
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Re: Oral arguments for gun owner drunk inside his own house

Post by M-Quigley »

UPDATE:

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

Post by Glock Rock »

So if you are intoxicated in your home, you have no right to defend yourself with an unloaded gun under any circumstance.
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.
Makes sense to me.
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Re: Oral arguments for gun owner drunk inside his own house

Post by ArmedAviator »

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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