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This arrest is ruled Constitutional by the state supreme court .... what do you think?

jumpinjoe

jumpinjoe

Hellcat
Found this article earlier today about a man arrested inside his own home 'handling' an unloaded shotgun while supposedly drunk. He challenged the constitutionality of it and the state supreme court ruled against him. Take a look and tell us what you think.

www.yahoo.com

Arrest of man for handling gun while drunk at home is upheld

The arrest of a man handling a weapon while he was drunk in his own home was constitutional, a divided Ohio Supreme Court ruled Wednesday. An attorney for defendant Fred Weber had argued his 2018 arrest was unconstitutional because he was at home and the weapon was unloaded at the time. Weber...
www.yahoo.com www.yahoo.com
 
That’s a hard one.

The line about his wife feeling threatened by it tends to make me fall in the side of yes, it’s kosher...mainly, did she KNOW it was unloaded (and, remember Rule 1–All weapons are considered to be loaded, and should be treated as such)?

Sounds like it was more than simple handling of the weapon.

Think about it this way: if you were carrying, and someone who was inebriated was playing around with a shotgun that you didn’t know the status of, to the point where you felt threatened (and couldn’t retreat, no lesser force would do, and you didn’t do anything to provoke the incident, yadda, yadda, depending on state laws)...would you feel that lethal force on your part was justified?
 
HansGruber said:
That’s a hard one.

The line about his wife feeling threatened by it tends to make me fall in the side of yes, it’s kosher...mainly, did she KNOW it was unloaded (and, remember Rule 1–All weapons are considered to be loaded, and should be treated as such)?

Sounds like it was more than simple handling of the weapon.

Think about it this way: if you were carrying, and someone who was inebriated was playing around with a shotgun that you didn’t know the status of, to the point where you felt threatened (and couldn’t retreat, no lesser force would do, and you didn’t do anything to provoke the incident, yadda, yadda, depending on state laws)...would you feel that lethal force on your part was justified?
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Very valid point and I think you made the Grey area smaller.
 
HansGruber said:
That’s a hard one.

The line about his wife feeling threatened by it tends to make me fall in the side of yes, it’s kosher...mainly, did she KNOW it was unloaded (and, remember Rule 1–All weapons are considered to be loaded, and should be treated as such)?

Sounds like it was more than simple handling of the weapon.

Think about it this way: if you were carrying, and someone who was inebriated was playing around with a shotgun that you didn’t know the status of, to the point where you felt threatened (and couldn’t retreat, no lesser force would do, and you didn’t do anything to provoke the incident, yadda, yadda, depending on state laws)...would you feel that lethal force on your part was justified?
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Well thought out, considered and stated.
 
Talyn said:
The article doesn't disclose what the domestic history of this couple is, and States have the right to define what their State Constitution and/or a Red Flag law may cover.

Plus .
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What you say is very true about leaving some questions unanswered. Re: the states rights/constitution, I also agree. But I think I read it to indicate the US Constitution. Maybe I overlooked some detail. Thanks.
 
jumpinjoe said:
What you say is very true about leaving some questions unanswered. Re: the states rights/constitution, I also agree. But I think I read it to indicate the US Constitution. Maybe I overlooked some detail. Thanks.
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...The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.

The US Constitutions' Tenth Amendment gives the states the power to further define their own state Constitutions and laws.
 
Talyn said:
...The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.

The US Constitutions' Tenth Amendment gives the states the power to further define their own state Constitutions and laws.
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That's all true, but I think the point of the article was that this man challenged his arrest based on a violation of his 2nd amendment right. That's all I was trying to say.
 
Most, if not all, states have prohibitions against handling a firearm in a way that reasonably places others in fear for their safety. What makes this case odd is the police choosing to charge the defendant with handling a firearm while intoxicated. It is much more common for defendants in these situations to be charged with some version of assault, menacing, or terroristic threat. The statute is most likely not a violation of the Second Amendment, but the situation could probably have been handled in a way that wouldn't have even made it an issue.
 
I wasn't going to get in this thread but here goes. I am very happy this guy got arrested and hope it taught him a lesson.

Two years ago , on the 4th of July , my niece lost her husband due to being shot by his brother . Both of the guys were drunk , had been in an argument , then a fist fight . Then as my niece and her husband were trying to calm his brother down , the brother grabbed an unseen shotgun , quickly pointed it at my nephew in laws head and pulled the trigger.

Drinking and firearms do not mix! The saddest part of this was that I had many times talked to my nephew in law about his drinking while handling firearms . He always responded , " Oh we only have a couple , it's not like we are getting drunk."

It took me a long time to type this out because I had to go back and edit it so much. I left out a lot to shorten this from book length.

My hope is that if anyone who reads this and has had the habit of drinking before , during , or after shooting or even while cleaning their firearm , or just handling it , please stop doing it.
 
papa said:
I wasn't going to get in this thread but here goes. I am very happy this guy got arrested and hope it taught him a lesson.

Two years ago , on the 4th of July , my niece lost her husband due to being shot by his brother . Both of the guys were drunk , had been in an argument , then a fist fight . Then as my niece and her husband were trying to calm his brother down , the brother grabbed an unseen shotgun , quickly pointed it at my nephew in laws head and pulled the trigger.

Drinking and firearms do not mix! The saddest part of this was that I had many times talked to my nephew in law about his drinking while handling firearms . He always responded , " Oh we only have a couple , it's not like we are getting drunk."

It took me a long time to type this out because I had to go back and edit it so much. I left out a lot to shorten this from book length.

My hope is that if anyone who reads this and has had the habit of drinking before , during , or after shooting or even while cleaning their firearm , or just handling it , please stop doing it.
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Very sad. Sorry for your loss Papa. Indeed firearms and alcohol do not mix. :-(
 
A tragedy that should never have happened. As stated many times by myself and others alcohol and nothing else mixes well except sleeping. My father had issues with alcohol for most of his life until he turned into a full blown alcoholic for 7 years. It basically ruined his life during that time. He did eventually recover but it was a long road. I maybe have a drink a month and always drink at home, NEVER when I’m out.
I never handle a firearm after drinking.
 
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