Reply #7

In the discussion thread: It's not illegal to be drunk in your home with a gun, Michigan appeals court rules [View all]

Response to michigandem58 (Original post)

Wed Jan 30, 2013, 07:42 PM

qazplm (3,227 posts)

7. correct ruling

I concur that I think the more proper basis would have been a 4th amendment right, and basically on the premise that unless he was actually using the weapon improperly then the fact that it was on his premises does not mean he actually meaningfully possessed it.

Yes, he technically possessed it because all possession means legally is maintaining exclusive control (well you can co-possess something but ignoring that technicality)...and you can possess something by simply having it in your house.

So taken to a further extreme, you couldn't be drunk anywhere, because you still possessed the gun legally, even as you didn't physically wield or carry it while drunk, which is clearly the intent of that statute.

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41 replies	Author	Time	Post
It's not illegal to be drunk in your home with a gun, Michigan appeals court rules [View all]	michigandem58	Jan 2013	OP
Not sure why this would even be a question.	Socal31	Jan 2013	#1
Sure. But if he used the weapon 'in an illegal manner', someone could be dead.	randome	Jan 2013	#2
I just don't see that standing up to any court challenge.	Socal31	Jan 2013	#4
The article doesn't explain what the 'dispute' was.	randome	Jan 2013	#8
try growing MJ in your home and see if that still works out	0rganism	Jan 2013	#14
Marijuana can be grown in the home where I am.	Socal31	Jan 2013	#16
you're quite lucky to have that privelege	0rganism	Jan 2013	#17
Would you Please Not Bring Irrelevant Arguments Into This. The Thread is not about MJ.	dballance	Jan 2013	#28
That is not how the law is applied outside the home.	AtheistCrusader	Jan 2013	#11
No exemption for the interior of private property?	Socal31	Jan 2013	#12
except i didn't say any of that bullshit you just attributed to me.	AtheistCrusader	Jan 2013	#18
Being in possession of a firearm in your home while intoxicated is not a crime.	Socal31	Jan 2013	#20
Does not follow.	AtheistCrusader	Jan 2013	#22
You aren't following it, so we can agree to disagree.	Socal31	Jan 2013	#27
You don't know me at all.	AtheistCrusader	Jan 2013	#30
Wish they had ruled based on privacy rights	Peregrine	Jan 2013	#3
Me, too.	FiveGoodMen	Jan 2013	#6
Quote: (And then stay away from home till their livers had processed all the alcohol?)	onpatrol98	Jan 2013	#23
Sounds kinky. nt	bemildred	Jan 2013	#5
correct ruling	qazplm	Jan 2013	#7
Whew! I'd get the electric chair!!	Redford	Jan 2013	#9
I'm drunk right now, and there's a car in my GARAGE!! OH NOES!!!!1!!!	MNBrewer	Jan 2013	#10
I think you will be OK, as long as you are not waving it around and threatening	Thor_MN	Jan 2013	#13
I tried...	awoke_in_2003	Jan 2013	#21
I think you will be OK, as long as you are not waving it around and threatening	onpatrol98	Jan 2013	#24
Does that apply to polish sausage too?	snooper2	Jan 2013	#25
The gun was in his pocket, not merely in the house.	AtheistCrusader	Jan 2013	#19
That Information Wasn't in the Linked-to Article. Where'd you find it? /eom	dballance	Jan 2013	#29
Looks like three people called the cops actually.	AtheistCrusader	Jan 2013	#31
That's A Much Better Detailed Version of the Story	dballance	Jan 2013	#32
Yeah, the story has been spun like he was drunk inside his home, and they searched	AtheistCrusader	Jan 2013	#33
I have no problem with this	Gman	Jan 2013	#15
This is a sensible ruling. Where on earth would anyone get the idea	kestrel91316	Jan 2013	#26
Please read this account of what happened, and see if it changes your opinion.	AtheistCrusader	Jan 2013	#34
Family members should remove the guns from the house -	lynne	Jan 2013	#35
I'm about as anti-gun as they get...	primavera	Jan 2013	#37
It's absolutely illegal outside the home to handle a firearm while drunk.	AtheistCrusader	Jan 2013	#38
Actual Court Opinion	happyslug	Jan 2013	#36
Basically the Prosecution sucked.	AtheistCrusader	Jan 2013	#39
I have a problem with the decision, one sentence puts me off	happyslug	Jan 2013	#40
Yep. Same for me.	AtheistCrusader	Jan 2013	#41

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