Gun and Alcohol Case Could Put Citizens at Risk in Their Own Homes

Get ready for a whole new prohibitionist movement if the Weber conviction is upheld. (King Alcohol and his Prime Minister/PDM)

U.S.A. – -(Ammoland.com)- “The Ohio Supreme Court will hear arguments in February to decide whether a law prohibiting gun owners from carrying firearms while intoxicated should be applied inside a gun owner’s home,” the Associated Press reported Saturday. Seeing an opportunity for a new and intrusive way to catch more gun owners in the disarmament net, the gun-grabbers are arguing that upholding an arrest is necessary for “the safety of Ohio residents and responding police officers.”

That dovetails nicely (for them) with an overall strategy to disarm citizens convicted of driving under the influence. And it moves things from the public setting right into the home, which is where the long game goal has always been.

As a report, maddeningly few details are given for something with such potential for disenfranchising citizens from a fundamental right. That means it’s in our interest to learn more, even if the DSM is either clueless about the case’s significance and/or uninterested in people finding out.

Fortunately, the AP left enough clues so that the curious could do some investigative reporting of their own. In this case, it was a simple matter of going to the Ohio State Supreme Court website and doing a site search for the terms “drunk + firearms,” then sifting through those results to find one that matched those clues.

We’re talking State v. Weber, a case where despite the defendant’s wife telling police there was no longer a problem, they pressed their way in. There they found her admittedly inebriated but nonthreatening husband who, while he did have a shotgun, told police it was not loaded, which they proved for themselves. Had the man been intent on violence, they’d have known.
Nevertheless, the narrative from the appeals court opinion affirming the appellant’s conviction raises a major concern, aside from those of legality and probable cause:

“Furthermore, R.C.2923.15 does not, as suggested by appellant, criminalize the mere presence of a firearm in the home of an intoxicated person. Nor does the statute, as suggested by appellant, prohibit a person from carrying or using a firearm after consuming alcoholic beverages. Rather, the statute only prohibits the use or carrying of a firearm by a person who has imbibed to the point of intoxication.”

What’s unreasonable about that?

The “point of intoxication,” as defined by Ohio’s OVI laws is a Blood Alcohol Content of 0.08, or 0.02 if under 21. Significantly, a citizen old enough to serve in the military can reach that level after only one drink. And it’s fair to ask how many of us, especially with the holidays approaching, will be inclined to consume several adult beverages over the course of a family gathering. What if you’re carrying, and not all blurry-eyed and speech-slurring like the hapless Mr. Weber was reported to be, but just right there at the legal limit for driving? Where is the “compelling state interest” to define that as the limit point?

But no big deal, right? What are the chances you’ll be caught? Plus, most of us behave, even if we’ve had a few. But that’s hardly the point because we know from experience that what the gun-grabbers do is take their incremental gains and from there press on for more. Why not add court-sentenced “AA” meeting attendees to the other “watchlists” the prohibitionists are demanding?

And it’s curious that the gun-grabbers are, for the most part, silent on the population with a documented “increased risk for problem drinking,” the “Only Ones.”

Still, this isn’t a “popular” case for most “gun rights” lobbying groups to make a big noise defending—who wants to endure the optics of arguing “guns for drunks”? Regardless, the fact remains that there are already ways to deal with people who brandish, and who attack others with weapons.

This isn’t about public safety, it’s about another inroad to citizen disarmament. As for people who have proven they can’t or won’t control themselves, taking their tools but leaving them able to harm others is never the solution.


About David Codrea:David Codrea

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

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Will Flatt

This is just more proof that we’re inching ever closer to that 2nd American Revolution (or CW2) I’ve mentioned before. There is a fundamental and irreconcilable difference between the Leftist anti-freedom mob (and their RINO quislings) and the rest of us who take LIVE FREE OR DIE seriously.

Are you willing to hand over a fundamentally less free America to your children & grandkids? Because I can guarandamntee you that since 1969, we have become notably less free in many respects! If your answer is yes, you’re a lousy parent and an even worse citizen.

Chas

So, in Ohio, a few beers and your firearms had better be locked up!!

Do you lock up your car keys too??
And the knife drawer in the kitchen!
And the chain saw, hatchet and axe in the garage!
Who gets the to keep the keys??
O, Jeez!!!!!!!!

tetejaun

“..shall not be infringed”.
Yet, Americans continue to kneel to the whims of tyrants.
Anything other than the exact wording of the Second Amendment is unconstitutional and, as the Founding Fathers admonished us, must be ignored.

KDude

All three branches are so far out of line, along with states. I won’t even go into municipalities. HOA’s. They all only exist at the pleasure of We The People. And they are bound by the supreme law of our Constitution and Bill Of Rights. It’s not a mob rule or authoritarian government. It’s a Republic based on Gods law and biblical principals. It’s long past time to reign in arrogant, treacherous public servants, and the unruly mobs they’ve created to idolize themselves. Voting for the R team, or the D team, or who they put before you isn’t cutting… Read more »

Arizona Don

Not everyone who drinks is a drunk or as many teetotalers like to say alcoholics. However, having alcohol in the house should in no way have a bearing on owning or having a gun in the same house. If it is allowed to ban guns in a house with alcohol later it will be prescription drugs and then something else. However, we should also realize some who drink do get drunk and they should be handled individually as the situation demands. Making a law however that pertains to everyone is not only unfair it should be unconstitutional. The constitution upholds… Read more »

tomcat

It just keeps creeping into our every day lives. Another little bite of our freedoms being taken by the jack booted thugs called our “employees”. They are not acting to protect the average citizen they are looking at the bigger picture of disarmament for their power grab. I do not understand why these people think they are any smarter than we are or any more deservant of what we have worked for and accumulated. The first kick at my door will bring hot lead to answer. Any police officer that would stoop so low to do this needs his head… Read more »