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 Socal31 (Reply #27)
Thu Jan 31, 2013, 11:40 AM
AtheistCrusader (30,828 posts)
30. You don't know me at all.
I couldn't reliably tell you how many firearms I own off the top of my head. They seem to multiply in the dark, inside the safes. And I own many weapons on the proposed list by Feinstein. I have been posting here for many years in support of ALL of our civil rights, including the 2nd amendment. However, as Scalia noted, there are limits.
"A sleepy person who shoots at an intruder could miss just as easily as someone who fits the legal definition of "drunk", and penetrate walls"
There is no statute against possessing a firearm while sleepy. There is one about doing so under the influence.
"Your understanding of firearms laws is lacking, and unfortunately that is what the NRA-fundies use against people who would like to advance sensible gun control."
Try me. Federal or state level. Bring it on. You have mis-identified your target, badly.
"I never stated you can do what you want in your home, like it is some foreign embassy. But you can do many things in your home that you cannot do in public. Police cannot come into my home to check if I am "intoxicated", and then if I am "intoxicated", search the home for a weapon. Never going to happen."
Useless comparison. That is not what happened here. A witness observed him INSIDE his home, retrieving the gun and keeping it ON HIS PERSON, while drunk, and called the police with a reasonable fear for his, or someone else's safety (kill comment). This was not a case of 'searching the home' fishing expedition to associate a drunk person in the privacy of his own home with a weapon somewhere in the home. The witness observed him retrieving the firearm from storage and placing it in his pocket. Searching for the weapon that was no longer on his person was not an attempt to construct possession, it was collecting evidence to corroborate the story of the witness.
"Pipe bombs are illegal, period. Thats not even apples and oranges, that's apples and barney the dinosaur."
Amusing. And you just questioned my understanding of firearms laws. A pipe bomb is a Destructive Device, classed like a grenade. You can acquire or make one with the proper permits and fees (ATF Form 1 Destructive Device, 200$ tax stamp per device, and a class 10 FFL over a certain sized payload. You could even store it in your home if you met the ATF storage magazine requirements.).
"Guns are legal in your home. Being "intoxicated" is legal in your home. Having your gun in your pocket when other people are in the home is legal. Threatening someone to use said gun on them is HIGHLY illegal, and that person will lose their gun rights for the rest of their life in most cases."
It is the combination of intoxication PLUS the gun on your person that is in question here. Guns are also legal in public. Being intoxicated to a certain threshold in public is legal. Having a gun in your pocket (In my state with the proper permit) is legal. Combine the last two, and you have instantly crossed a legal line, that has no exemption for being on private property/inside your home. I consider this matter still unsettled, but current case law supports your contention for now.
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