Interesting case out of Missouri. A man drunk at home is charged with having a firearms while intoxicated. It seems to me that the public has an interest in a person not carrying a firearm in public while intoxicated, but the state’s power to reach into the home ought to be considerably diminished.
Should someone be charged because they are intoxicated at home, but have a loaded pistol in the bed stand upstairs, or have a rifle in the closet? - I don't think so, but apparently the Mo. Supreme Court thinks otherwise...
Should someone be charged because they are intoxicated at home, but have a loaded pistol in the bed stand upstairs, or have a rifle in the closet? - I don't think so, but apparently the Mo. Supreme Court thinks otherwise...
Isn't communism grand.
In this instance, would having a gun in the closet and beer in the fridge constitute criminal intent?
This is a disturbing precedent, but taking a handful of pills and threatening to shoot yourself is a little different than an intox charge.
Is there such an offense as private intoxication?
Its going to get worse. I can remember a friend who beat something similiar to this about 20 years ago on the grounds that since he WAS asleep/unconscious the weapon was not legally IN his possession merely in the same room. But, now you have lawyers who twist the meanings of words and meanings just so they can win a case and even worse we have judges that are not qualified to be dog catchers much less judges hearing some of the most important cases in our history. As I said,,, its going to get a whole lot worse. Again a reason to Be Prepared to bug out when needed.!!! Again MD just my 2 cents worth!!! Keep up the good work MD!!! TGS3101 (akaStone3101)
The socialist government is just moving on with its total control agenda. They first have to get the guns away from us and sounds like they have found a way. What's the difference between booze & perscription drugs? Not much & they'll be taking guns from anyone on any drug for any reason. Again & again,it's coming,we better be ready.
Greetings. Isn't it grand that the same government that advocates torture of prisoners and committing war crimes in the name of democracy, is the same as the one that totally fears its own citizens. Is this not a justification for sanity testing of anyone running for public office? Attack insanity among the insane candidates and keep them out of power and in the rubber rooms where they should not be allowed to leave to threaten the rest of us.
I'm studying Case Law in Minnesota, for Law Enforcement. Minnesota actually requires people to go to college to go into the field. Anyway, I wouldn't be surprised if it was over turned by the US Supreme Court. I don't know specifics of the case, but (at least here in MN), it is all but impossible to punish someone for something in their own home unless it is directly about to hurt someone.
We are presently in deer season in Missouri and usually the Friday before the Saturday that it starts the guys party down at deer camp where the beer/whiskey flows and guns abound. (Been there, done that.) Does that mean that Missouri will start arresting about half the deer hunters in this state? Since it is a felony that means automatic jail time. If this law holds up, Missouri will have a boom in prison construction just to house all of these "criminals". WTF? (Where's The Freedom)
Sometimes a cop will lie to gain entry to a house, but for the most part we still have the right to say no when they ask to come in. Making a threat against yourself or another is the same thing as inviting them in. Once they are in, all bets are off. The guy is lucky they didn't claim he pointed the gun at them before he passed out and that's why they had to shoot him 37 times. Never do anything by word or deed to invite cops into your house and you should be fine.
IF this individual did NOT have the firearm in hand, the charge is unconstitutional, IF they searched his home and found the loaded firearm other than on his person, the charge is unconstitutional. BUT this is typical of backwoods/ backwater hick legal systems that do not follow constitutional law. By the letter of the law, when they found him in his chair, unconsious, they had no further probable cause to search the house for weapons that he could legally own, as being intoxicated in his own home was not a felony and they were able to secure him. As for the threat of suicide, believe it or not, it is NOT a felony, as it is classified an act of mental illness and as such the person is NOT criminally responsible for their actions. Further, a Judge needs to declare someone mentally unsound to negate their Second Ammendment rights. WHEN this hits the US appellate court this Judge is going to get his ass chewed bigtime for civil rights violations, and allowing violation of due process.