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Drinking alcohol with guns in the house
Mobuck
Member Posts: 14,155 ✭✭✭✭
Hypothetical situation: Cops fail to prove a homeowner shot an intruder in self defense(turns out to be a guy he knows). Cops release "suspect" who returns to his home. Couple of days later, cops return to residence in an unmarked car followed by brothers of the deceased in their private vehicle on the premise of having the relatives remove the deceased's vehicle. Homeowner has been drinking(not an unexpected reaction to fatally shooting someone in your kitchen)and seeing a couple of unknown vehicles approaching, arms himself. Cops go ballistic and arrest the homeowner on being drunk in possession of a firearm(IN HIS OWN HOME).
It seems to me there are numerous aberrations in this scenario. The major problem I see is the cops accompanied the relatives to the residence w/o identifying themselves, calling ahead, or using a marked patrol car. Allowing the relatives to "pick up the deceased's vehicle" in person seems so far wrong as to be a set-up to encourage the homeowner to feel threatened and possibly make the wrong move.
Fortunately, sanity prevailed with the prosecutor's office and charges of pointing a firearm at the LEO was dropped. Whether the homeowner got his "confiscated" firearms returned was not told.
So, my question is: How many of you are violating some sort of "possession while under the influence" statute if you drink in your own home?
It seems to me there are numerous aberrations in this scenario. The major problem I see is the cops accompanied the relatives to the residence w/o identifying themselves, calling ahead, or using a marked patrol car. Allowing the relatives to "pick up the deceased's vehicle" in person seems so far wrong as to be a set-up to encourage the homeowner to feel threatened and possibly make the wrong move.
Fortunately, sanity prevailed with the prosecutor's office and charges of pointing a firearm at the LEO was dropped. Whether the homeowner got his "confiscated" firearms returned was not told.
So, my question is: How many of you are violating some sort of "possession while under the influence" statute if you drink in your own home?
Comments
I am not sure if that is even a codified(?) offense. Is there even a law against possessing a firearm in your domicile while drinking?
I shore as hell hope not! Don
He got busted, then it all just went away!
I don't think anyone is going to get busted for that around here![;)][:D]
Headlines read "Drunk man with arsenal of firearms in custody-stockpile of weapons and ammunition confiscated". Who's going to argue with that process?
W.D.
The prosecutor didn't charge him with the homicide because he couldn't prove the case. They did charge him with having guns and alcohol in his home at the same time. He is now serving two years in prison on that charge. He is officially a felon. My guess is he won't get the guns back.
Could be a big ball of wax for gun owners.
Sounds like something NRA ILA should look into...
Could be a big ball of wax for gun owners.
I wouldn't trust the Negotiate Rights Association to address this issue. They would just craft ANOTHER "sensible gun law" not in the best interest of the 2nd Amendment.
quote:Originally posted by Tech141
I am not sure if that is even a codified(?) offense. Is there even a law against possessing a firearm in your domicile while drinking?
I shore as hell hope not! Don
+1[:0][:0][:0][:D]
Brad Steele
Hypothetical situation: Cops fail to prove a homeowner shot an intruder in self defense(turns out to be a guy he knows). Cops release "suspect" who returns to his home. Couple of days later, cops return to residence in an unmarked car followed by brothers of the deceased in their private vehicle on the premise of having the relatives remove the deceased's vehicle. Homeowner has been drinking(not an unexpected reaction to fatally shooting someone in your kitchen)and seeing a couple of unknown vehicles approaching, arms himself. Cops go ballistic and arrest the homeowner on being drunk in possession of a firearm(IN HIS OWN HOME).
Sounds like entrapment to me. Case dismissed.
That scenario is how things happen,,cops should have called FIRST, imo.
Here's an example: Recently, I became involved in a disagreement over a used vehicle that was misrepresented. Seller arrogantly says "See you in court". He'll see a courtroom for sure. He failed to provide a simple document that is getting him prosecuted by the state. Here's the kicker. The Prosecuting Attorney, the State Police, and the county LEO didn't know about this law until I presented it to them even though it was on the books for over 20 years.