Can you have guns and be intoxicated in you home? Ohio Supreme Court will decide

[g-dad]

This could end up having ramifications in all states.

Ohio Supreme Court to Decide Whether People Can Have Firearms in the Home While Intoxicated - GunsAmerica Digest

 

[stansdds]

Another back door route to a total ban on ownership? How about you cannot have car keys in your home while intoxicated?

 

[Bozz10mm]

The wife called the cops. Kinda red flagged him. If he was threatening her, she did the right thing, but the article doesn't mention anything about him being abusive towards her, just that he was drunk and had a firearm. When the cops arrived, they didn't have any reason to arrest him, so they used that law. More government intrusion.

Of course there may be more to the story, we are only hearing his lawyer's side of it.

 

[BB57]

The title of the article is a bit misleading.

The issue isn't that he had a firearm in the home, it's that the police responded to a call from his wife that he was carrying a firearm while intoxicated and more to the point, when the police arrived he was carrying a shotgun. It was unloaded, but he was carrying it, claiming to be in the process of wiping it down to put it away.

The officers took the weapon from him and verified it was unloaded. If he gets off on appeal, the unloaded status will be why. Personally, I don't trust drunks with firearms, nor do I have much faith in their ability to clear them properly and thus be sure they are unloaded.

The law itself is worded as follows (emphasis added):

2923.15 Using weapons while intoxicated.
(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.

(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.

Effective Date: 01-01-1974.

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You'll note that the law doesn't prohibit possession, but rather carry or use of a firearm. You'll also note that this is a 45 year old law and isn't something recently passed.

The bottom line is that drunks and firearms are a bad combination and that despite the inflammatory and inaccurate headline nothing in this 45 year old law prevents possession of firearms in the home while intoxicated - you just can't carry them or use them.

To use the above example of car keys, under current DUI statute pretty much everywhere, you can in fact have your car keys in your home while intoxicated, you just can't go sit in your car with them. That's exactly analogous to this law.

----

Here's the actual legal opinion describing the incident and the interpretation of the law. It's worth noting that this law also does not circumscribe the castle doctrine. In other words if you are drunk and use a firearm to defend yourself or your family while in your home, you are not prohibited from doing so by this law.

Sounds pretty reasonable to me.

http://www.supremecourt.ohio.gov/rod/docs/PDF/12/2019/2019-Ohio-916.pdf

 

[TTSH]

Sounds pretty reasonable to me.

Yeah, I can't get too overly excited about it. While the wife (unless she felt in danger) shouldn't have called the cops and the drunk husband picked a really awkward time to be wiping down his shotgun, I don't see any major threat to our rights here.

All I will add is that the guy is damn lucky that he lives in Ohio (a free state) and not a place like moonbat Massachusetts or he'd be in a whole lot more hurt than he ended up in.

 

[fmflorida]

As a responsible gun owner it is incumbent on US to be.....RESPONSIBLE......

Which to me means if you are gonna drink to excess.....put the guns away. Having 1 or 2 beers during a football game is one thing but being drunk is another.

I personally rarely drink and I never drink much so its a nonissue for me but I do not want yet more government intrusion dictating anyone's life.....but we all know the dangers of drunk driving.......what makes anyone thing drunk/handling a gun would lead to anything "better"

 

[gunnails]

I drink all the time and have been known to drink to excess on many occasions through out my life.

I say even a drunk has a right to defend himself.

 

[TTSH]

I say even a drunk has a right to defend himself.

Often, drunks have a much greater need than sober folks to defend themselves.

 

[arjay]

I think Occam’s razor applies here. Drunk husband,wife calls the cops and the guy’s armed when they arrive...

 

[biku324]

NM is about the same. If you're drunk at home, don't handle your guns.

30-7-4. Negligent use of a deadly weapon.
A. Negligent use of a deadly weapon consists of:

(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;

(2) carrying a firearm while under the influence of an intoxicant or narcotic;

(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or

(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.

B. The provisions of Paragraphs (1), (3) and (4) of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.

C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.

 

[dockmurgw]

Drunks and guns...drunks and cars...drunks and anything! Nothing contributes more to societal dysfunction, turmoil, death and destruction than alcohol. While it came and went long before my time, to this day I wish prohibition worked.

 

[ParadiseRoad]

...I field stripped my 1911 while consuming a Heineken last night...

 

[g-dad]

OP here. I posted the original link this morning before heading to work to see what the forum members thought.

Now that I've had time to reread the article along with the link posted by BB57 (thank you) I agree the title is a bit misleading. However the outcome of the Ohio Supreme Courts decision could still potentially have ramifications on gun owners across the county if it is decided in a way that could harm gun owners nationally.

To me this is really more about the relationship between the husband and wife and Red Flags. (wonder how they're getting along today).

Thanks for all the comments and insight.

IMO, guns and intoxication do not mix....ever.

 

[italiansport]

I used to deer hunt in Wisconsin and it was common practice for some hunters to bring a "warming fluid" into the woods while hunting. No one I ever hunted with did this nor would I have hunted with them if that had been the case. Our rule was all firearms had to be checked to make sure they were unloaded and stowed for the night before getting into any libations.
Jim

 

[cbore]

I have very mixed feeling about this. My guns in MY house is not an Issue for the Supreme court to rule on in my opinion. But guns being brandished by an intoxicated person involved in a domestic arguments will not turn out good. As far as that guns in the hands of any extremely intoxicated person is just not safe for them or anyone. else.

 

[CH4]

Most if not all CCWs have a clause that prohibits carrying while consuming intoxicating substances, is intoxicated, or in an establishment that serves or sells alcohol. LEOSA: “is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance”

 

[03hemi]

Not a thing in the world wrong admiring and handling your firearms while your drinking or even getting drunk as long there is no ammo anywhere around in the room, just use common sense before you start drinking for Pete's sake?

 

[fmflorida]

Some of the comments seem to be conflating "drinking 1 beer" and "getting drunk" or "being drunk".

If you want to enjoy a beer...or other alcohol while you clean a gun, handle a gun or whatever that is 100% cool in my book. I think most guys have done so.....or will.

If you want to have 24 beers and then mess around with your gun(s) that becomes a personal safety/others safety issue. Which I think is irresponsible.

The reason drunk driving is against the law is because alcohol alters your thinking, reaction time and understanding of certain situations.......Why any responsible gun owner would think handling a weapon is "better than" drunk driving confuses me.


With ALL that said...I do NOT think the courts or the law should be getting involved, I think WE as gun owners....and hopefully responsible ones wouldnt take risks that way.

 

[Warren Sear]

For what it is worth, drunks here in MN absolutely do NOT have the right to use a forearm to defend themselves. Same applies to pot-heads and other messed up people.

 

[Kitgun]

For what it is worth, drunks here in MN absolutely do NOT have the right to use a forearm to defend themselves. Same applies to pot-heads and other messed up people.

I think your right.