Should gun owners in Ohio be permitted to “carry” their firearms in their homes while intoxicated?
That’s the question at issue in a case headed for the Ohio Supreme Court in February.
Fredrick Weber was convicted in June of 2018 under a 45-year-old law that prohibits Ohio residents from carrying or using a firearm while intoxicated. Weber appealed his conviction to the 12th District Court of Appeals, which confirmed the municipal court’s ruling. Now, on a 4-3 vote, the state Supreme Court has agreed to hear the case.
According to court documents, a deputy and a sergeant from the Clermont County Sheriff’s Office were dispatched to Weber’s home after his wife reported that her husband was carrying a firearm while intoxicated. Even though she told deputies that Weber had put his firearm away, she let them into the home, where they saw Weber coming out of a doorway and holding a shotgun.
The shotgun was pointed towards the ground, and deputies confirmed that it was unloaded. Weber claimed he had been wiping down the firearm to put it away.
Deputies noticed that Weber’s eyes were bloodshot and glassy, his speech was slurred, and he was unsteady on his feet. Weber admitted he was drunk and subsequently failed a field sobriety test.
SEE ALSO: NJ Court Denies Gun Permit for Man Because Wife Has Alcohol Problem
In his appeal, Weber’s attorneys argued that their client wasn’t using the shotgun “as a firearm” and had not or was not about to commit a crime. They also argued that the law prohibiting the use or possession of firearms while intoxicated is unconstitutional because it infringed on their client’s rights to keep and bear arms and defend himself.
They further argued that a person’s intoxication level shouldn’t have a bearing on possessing a weapon “in the hearth and home,” according to the Associated Press.
“Weber suggests that it was never the intention of the constitutional framers that someone like him (or anyone similarly situated) be guilty of possessing a weapon while intoxicated in his/her home,” Weber’s appeal reads, according to The Toledo Blade.
“If such be the case, any off-duty law enforcement officer (or any other person that has firearms in the residence) who has a few alcoholic beverages while in his/her house and has law enforcement happen into that residence can be charged and convicted under a ritualistic or formulaic implementation of the statute,” it reads.
SEE ALSO: Supreme Court Allows Sandy Hook Suit to Proceed Against Remington
Cities in Ohio are defending the state law. They argue that the law provides a necessary tool for law enforcement officers responding to dangerous, alcohol-soaked incidents.
“Their police officers are the first to respond to domestic violence incidents, interpersonal gun violence, gun suicides, and unintentional shootings, all of which are made more lethal by the combination of guns and alcohol,” reads a brief filed by Toledo, Lima, Columbus, Cincinnati, Akron, and Dayton, according to The Blade. “They are the ones who have to respond to domestic violence calls where the mixture of guns and alcohol often leads to women being killed and officers being assaulted.”
Toledo Law Director Dale Emch put an even finer point on it:
“It’s just common sense that the intoxicated should not be carrying weapons in my mind, whether in your home or not,” he said. “That’s just a bad recipe.”
Oral arguments aren’t scheduled until February 25, and a final decision isn’t expected for months, according to the AP.
The law doesn’t say anything about being stupid, just be responsible and use good judgement.
Why TF is the wife calling the cops on him for wiping down his empty shotgun while drinking? I guarantee there is more to this story but the wife probably feels like a jackass now that this poor slob actually caught a charge off a 45 year old law they probably had no idea existed. When will people learn? You don’t call the police to resolve your problems. Just stop calling the police ffs…
The way I, see it, this would still be an infringement on the 2nd Amendment and should be voted down. I wouldn’t like the idea of the police being called because somebody got pissed at me and reported me drinking while cleaning my guns. I have a beer two or three times a week and if that qualifies me, then that is trampling on my 2nd Amendment rights any way you look at it.
So if I have a cold or flu and take a cold and flu medication with alcohol in it. What will happen. This law is a bunch of BS.
next thing there will be a meter attached to your gun you’ll have to blow in to check your alcohol level before you can lock and load more gument revenue
I pledge allegiance to the Flag of the Divided States of America. And to the Republic which no longer stands, Our Nation, without God, With Liberty and Justice for None.
This Law is Insane, and unless he threatened his wife with the shotgun, nothing should happen to him. I agree with most here, Don’t mess with your guns if your truly drunk. Now if you drink a beer while cleaning your guns, I don’t have a problem with that, just don’t get shit faced and continue messing with firearms. Just common sense.
You should say I Pledge Allegiance To The Flag of The United States of America One Nation under SATAN
With Inequality and Injustice for all
What You do or don’t do in your own home is none of the governments business
If a man can’t control his liquor intake, then wait to handle your firearms when you can, please. That’s ALL the government has a right to do. To “advise” you what to do in your home. NOTHING MORE. IMO, it’s stupid to get drunk and handle a firearm. We should all know our own limitations. It’s called self-responsibility. So if a man goes off and shoots himself or God-forbid, a loved one, he deserves everything that’s coming his way.
In fact, the Govt. doesn’t have that “right”. Now, a State CAN pass laws that make such the handling of a gun in such a situation a criminal offense, but it can’t TELL you that you can’t have a gun in the home while intoxicated.
One could make an argument on this as a 4th Amendment violation.
One other thing.
Several here are speaking to the subject of firearms and drinking not mixing. Uh, did ya’ll NOT pick up on the very real and dangerous aspect of this article??
It doesn’t get more Orwellian than legislating what you do in your home than this.
There is no mention in the Constitution about drinking at any time. Secondly, sounds like it’s new wife time.
It appears that the good people of Ohio attempted to legislate stupidity. To whit, do something stupid, pay the price. Their intent is commendable but their application is futile. Law enforcement cannot see into every house/home (at least not yet…) to determine if “crimes are being committed. If someone is doing something stupid and get caught, they should be punished for being stupid. Doesn’t matter the crime, the person doing it is automatically stupid. There needs to be different levels of stupidity. Level one, $10 fine, 40 hours cleaning outhouses at every rest stop in the state. Level 2, $100 fine, 100 hours cleaning rest stops and port-o-potties. Level 3, felony stupid, $1000 fine, 250 hours of cleaning toilets in state and local jails. And finally, level 4, felony stupid, perform all tasks of lower level stupidity, pay $10,000 fine and get one year in jail. It’s time to punish stupid people and leave the inanimate objects alone.
I wonder if this comment will pass the sensors?
And if I have a couple of drinks and some UN abiding thug citizen decides to break in my house and harm my family do I need to wait on the police to give me a series of test to determine my sobriety before I can defend myself?
First you have to ask the U.N. thug to wait until you find the key to your trigger lock, if you live in one of the socialist states that require one.
Does this open the door to inspect your house to see if your holding your gun? 🤔🤔😁
Biggest bunch of bull shit I have ever read.
With all the devices we buy so Big Brother can watch and listen to us (cell phones, lap tops, desk tops, I Pads, Smart TVs, Siri, Alexa, etc., ), it will be extremely easy for the authorities to know when and where to confiscate firearms from those of us tipping one at home.
IF THE LIBS KEEP PUSHING ALL THESE CRAZY LAWS AGAINST CCW OR EVEN JUST HUNTERS THERE COULD BE ANOTHER CIVIL WAR IN THIS COUNTRY. IF YOU DON’T LIKE GUNS GET OUT. I MYSELF DON’T DRINK ANYMORE. BUT I GUESS THAT THE LIBS. WILL FIND SOMETHING ELSE TO BITCH ABOUT GUNS. GUNS HAVE BEEN AROUND FOREVER AND WILL BE WAY AFTER ALL OF US ARE GONE. TAKE AWAY THE GUNS AND IF SOME COUNTRY INVADES US THEN THE LIBS WILL BE THE FIRST ONES CRYING THE BLUES. MY FAMILY ALWAYS COMES FIRST WHEN IF COMES TO THERE SAFETY AND DEFENDING THEM. THERE ISN’T ANY PLACE IN THIS COUNTRY ANYMORE WHERE YOU CAN LIVE WITH GUNS WITHOUT HAVING SOMEONE COMPLAINING ABOUT THEM. GUNS DON’T KILL, IT’S THE CRIMINALS BEHIND IT THAT DON’T CARE. HOW ABOUT A PROGRAM WHERE EVERYONE WOULD HAVE TO ATTEND FOR GUN SAFETY AND USE EVERY 3 YEARS. YOUR DRIVER LIC. HAS TO BE RENEWED EVERY 10 YEARS. WHY NOT DO SOMETHING LIKE THAT. BUT NOT TO BE CONTROLLED BY THE GOVERNMENT THIS MEANS CITY,COUNTY,STATE OR FEDERAL. SET IT WITH THE NRA OR SOME ORGANIZATION THAT WOULD BE NEUTRAL. FINAL NOTE IF YOUR GOING TO DRINK LEAVE YOUR GUNS HOME, AND IF HOME AND YOUR GOING TO DRINK AGAIN LEAVE THEM IN THE SAFE OR LOCKED UP.
ok, I’m not going to pretend like I’ve never done it, and I’m not saying that it should necessarily be a criminal offense that causes you to lose your guns, but we should all be able to agree that it’s really not a good idea to be crawling around shitfaced with family home and neighbors nearby with a chambered round in, right? people can argue one way or the other and make compelling points, but I hope we can at least agree on that
Years ago, I joined a church where the pastor held a class for new members. He was an excellent teacher, but few topics impressd me more than what he told us during that first day, concerning government…
His first point rolled out pretty much as follows:
“What do you all think is my highest priority? Is it this church? Well I’m here to set you straight: My first priority is NOT this church. It’s my own family! …..
“You see, there are 3 forms of government in this country: 1. The U.S. government. It has authority in all things concerning the law and its citizens as a community. But the government has no authority inside the church. Neither does it carry the right to govern your home. (Citizens must abide by the law, but the law cannot dictate how you run your household.)
“2. The church has its own government. It has no authority outside its own membership; and even within, it has no authority over your home, or have any say in U.S. Government matters.
“In the home, the HUSBAND/ father is the highest in charge. His wife is second in command.
“Any hiererchy that debates or attenpts to overrun this system of governments is in breach of biblical law, as set up by the Lord, Himself. Any attempted change in this order is bound to end in failure.”
I understand what the Church had told you, but keep in mind, if you break a state or federal law inside or outside of your tent, you WILL be held accountable. Religion bares no weight on this.
As I stated above, outside your home, the government has jurisdiction. Inside your home, only as concerns personal safety. But inside the home, this man cannot be judged unless he has actually brought harm or at least positively threatened someone.
Firearms and alcohol do not and never should mix. I’m sorry if this offends some people but facts are facts. If you are under the influence of a substance that impairs you ability in any way you have no business with a firearm in your hands. You are a danger to yourself and others in these types of situations. I own and use firearms and am a life member of the NRA and an Army vet, so don’t think I’m some pansy that has never handled firearms. I’m 75 years old and have owed and used firearms since I was 15 years old.
Have a saying that was given to me long ago by God, what you see and hear today, will be considered child’s play tomorrow. Now everyday I am reminded of these great words and today is no different, as I read this article. Imagine someone calling themselves a leader, someone making valued decisions on others lives and voting in favor of this. My thoughts are at first they are fools and God tells us waste not your time with one, so I must find something else to call them or I would not be heeding his warning. At the end I will use my word to name or describe them, in the meantime, there is nothing creative to this so called solution or that there is even a problem here. Proving the creativity of those in office to create things in order to look caring, intelligent, or needy to their constituents. in a time when the world and this nation is going insane, knee deep in problems, real problems, this is what they come up with. How pathetic, how sad that time, energy and more are wasted on this and things like it, Either the people in the midwest and in this case Ohio are insane, do a terrible job of vetting who they vote for, or the everyday insanity has reached another level. If this is really being considered by and wanted by not only the people, but the legislators, then a rewrite of the bill is necessary, one with some resemblance of a brain must stand, and demand that bats, pots and pans, knives, meat cleavers, forks, paper weights, any and all things capable of helping man bludgeon another including fist, anything capable of helping him penetrate his fellow man and well as you can see the list is endless. I will not mention the good that is done with and because of guns, nor the other things mentioned above, nor will I speak of the Republic, or the Constitution on freewill the greatest gift God almighty gave man for those that are sane do not need to be reminded of such, and those that are insane cannot be. Let us all regardless of state, county or city not find these actions coming to our neighborhoods, let us hope those that would allow or want this stay within the confines of where they are, and not come to again our neighborhoods. This is beyond insane, this is beyond what legislators, leaders and the like are suppose to be doing. My word for anyone that would legislate this, vote for it, or even speak in favor of it is woeful. I find it as a strong word from God to show complete disgust, it strikes me as more than appropriate.
@Alej, What? You still whining because we took your slaves away from you?
“WE” ???????????????? How old are you?
No problem, the FIRST ones that need to be disarmed are ALL of the police officers, sheriffs deputy’s, prison guards, rent-a-cops, politicians bodyguards and their administrators, like police chiefs, sheriffs, judges and any other administrator who carries a firearm since virtually 99 percent of them drink every single day. And absolutely NO EXEMPTIONS whatsoever for them either. After all, the Democratic gun-grabbers claim NO ONE is above the law!
From the police perspective: The wife called the police to inform them that her husband was drinking and carrying a firearm. The wife allowed the police to enter her house. Both of these facts are a red flag for any officer or first responder. If the wife was comfortable with her husband handling a firearm she would have not called the police. If the woman believed that her husband was not a potential threat to herself/himself or others, she would not have let the police into her house.
The husband did admit to drinking and did fail a blood alcohol test. There was no mention of what blood alcohol level would be allowed. In the state where I live, to carry a firearm in concealed carry, the blood alcohol level can be no more than 0.02 which means virtually no drinking. This situation is different but no information or articles I have read ever stated that it is acceptable to drink and handle a firearm. Most of the videos I see which involve drinking and firearms (or explosives) usually end up in a hazardous situation.
As described in the article, this seems to me like a domestic problem which needs to be resolved between the husband & wife. Unfortunately, the police became involved because the wife forced them to. If they had not taken the steps they did, and either the man or wife was shot/injured. The city and police would be open to civil and potential criminal action. The police had to respond in the way that they did. From this article, the police were not at fault.
Given that, I do not believe that the law in Ohio, and the way that the courts interpreted the law, should stand. A persons home should be theirs and what a person does in their home should be no business of anyone else – if that action does not harm anyone else in the home. And that is the problem. How does anyone know in advance, how the situation would have turned out if the police did not get involved.
Should the husband get his guns confiscated/taken away? No
Should the police be chastized for acting the way they did? No
Should the Ohio Law be changed/restricted to prevent the courts from taking away citizens rights? Yes
Should people just exhibit more common sense when handling firearms? Yes
These are my opinions only. I am not a lawyer or law enforcement. Just a private citizen who sees this country losing its self reliance, refusing to take responsibility for their own actions, and the government becoming more fascist (yes, I mean fascist by the historical definition of fascism) all the time.
I do not drink in public, because I am always armed. The fact that I have consumed adult beverages in my home does not cancel out the right of self defense, but I do realize it raises the same questions that prevent me from doing so outside the home.
The wife called the police for a reason. If that reason was a criminal act, then deal with that.
The 2nd amendment bans infringement in our right to keep and bear arms. This is a ban on any government interference! Is there a ban on alcohol consumption when legislation is made? If there were, many of these stupid laws wouldn’t be written!
It is sad to see that my country has become theUSSA.
“I pledge allegiance to the flag of the corporation of America and to the police State for which it stands. One nation no longer u dear God, dived, With no liberty and no justice for anyone but the elites!l I cry for My country! The hippybiker 1998
After reading most of the previous comments, I believe that nothing else needs to be said about this non-issue.
Sooner or later the People must simply say “NO” to additional governmental overreach a small step at a time encroachment on our rights and liberties. Until our actions actually threaten to harm the public there is nothing for the police to do w/o a court order giving them authority to oppress American citizens. Period.
Well, if you drink at home, you shouldn’t be able to keep your car there then. Otherwise, you could decide to go drive drunk.
Ok democrats, no drinking or smoking POT at home if your car is there. You have to check it in at the local impound lot if you plan on drinking anywhere, PERIOD!!!
.. or knives or any other inanimate objects that can be used as a weapon.
The lawyer hit the nail on the head when he said that LEO’s who go home after shift and sit down and get shit faced and still have their firearm on or near them fit this asinine law. So they are breaking the law also. And no one be it law enforcement or politicians or lawyers or judges are above the law. This country and certain states in this country are spiraling out of control when it comes to the 2A. It seems to be the midwest states that are going crazy. Ohio, Michigan, Illinois are the three worse of them. They, the anti-gunners will try anything to kill the 2nd amendment. I am thankful to God everyday that I live in a Constitution State, that still believes in our rights as stated in the Bill of Rights. Everyone better pray to God that we don’t get another Obama asshole in the white house come next election or we will have to do what we did during his reign of terror on this country, and that is form up our militias in every state again as we did with that Muslim pos.
Once again the nanny state rears it’s ugly head, like we need a baby sitter. I’m sure this has been an issue with certain individuals, but it seems now we must all be punished for the acts of a few. NO!!
“A necessary tool”? If someone is unlawfully brandishing or threatening with a firearm, what more laws do you need? And in your own home? Next it will be steak knives. “Sir, I see you have steak knives here at the dinner table, have you had anything to drink?”
Forehead slap….
The government needs to stay the hell out of my house, this is not their department its mine.
This is typical strategy of the bolshevik-minded:
“We are doing this for your own safety” or whatever reason the nanny state deems appropriate.
Women are being strangled, beaten with fists, hard objects etc., but you don’t see the nanny state issuing permits for baseball bats (yet).
Don’t fall into “your own good or safety trap” read history of oppressive governments and your eyes will open.
Hi I am here on behalf of the Federal Government, We will be installing these cameras at various locations within, what used to be, your house.
Resistance is futile
PLEASE keep on hating the South, Yankees. Don’t move down here and bring your crappy attitudes with you.
I actually as a Yankee don’t think much of the south. I moved to the Southwest where we have Constitutional states, and we still go by our Bill of Rights. I served with quite a few Southerners and they had crappy attitudes too. So it isn’t just the Yankees. You’re still pissed about the civil war.
Moron
What M. A. K. said.
This sounds like a big step down a very slippery slope.
Another case of over reaching govermental meddling …vote them all out ..our 2nd amendment is under attack by idiots
What’s next…..a door-to-door canvas of every home to ask, “Do you have any firearms in the house, and have you had anything to drink?”
Constitution of United States of America 1789 (rev. 1992)
A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Says nothing about intoxication, and firearms ownership on one’s personal property!
Overreach is nothing more than oath breaking of our elected officials, they should be prosecuted.
Well? Then step up to the plate and make the first move to prosecute them! Convenient people’s grand jury if you don’t already have one convened submit a noticing Adam and against those that are violating their oath of office and nail them for Willful Neglect of Statutory Duty, then had your submissions over to the grand jury Foreman so that they then have the power to investigate your allegations along with any other violations of law that they find during their investigation.
Then sit back and have a cold one because you finally done more than most of the people in your state of done in their entire lifetime!
Well? Then step up to the plate and make the first move to prosecute them!
Conviene a People’s Grand Jury if you don’t already have one convened, submit a Noticing and Demand against those that are violating their oath of office or breaking ANY laws while under oath and nail them for Willful Neglect of Statutory Duty of they do not reply / comply with your lawful demands.
Then hand copies of your submissions over to the Grand Jury Foreman,
That’s pulling the trigger!
At this point THAT submission allows the People’s Grand Jury to openly investigate! Not only your allegations but WHATEVER ELSE they find along their in investigation(s).
Then sit back and have a cold one because you finally done more than most of the people in your state of done in their entire lifetime!
Wow. A whole new twist on PROHIBITION! They will FORCE you to go dry!
More abuse, people thinking they have the right to think for you and know what’s best for us all. Very few things that happen in your home are anyone’s business and then they better have their common sense hat on when they think about crossing that line.
Why in the hell would your “Wife” call the law because you have a gun out while drunk unless she knows your a stupid belligerent DA when drunk or she is a stinking liberal trying to make a point!?!? Exactly how would the State of Ohio know your drunk and have a gun unless someone tattletales on you or they are spying on you at all times!
Exactly.
Keep the gun and get rid any bitch who makes calls like that. On the other hand, I have to wonder if there is more to this story. Might he have threatened her with the gun? If so, that changes everything.
This stinks to high-hell of feminist coaching of this woman by her liberal friends to get her into a divorce situation to take over the wealth that the two have amassed.
Create a false-allegation or crisis, divorce the husband all the wealth and for an alimony check!
It’s been lock-step like this since the 70’s and men are STILL falling for it!
So, she contatced the police due to him walking around the house with a shotgun or is there more to this story as to why she called?
So, the reason his wife called the police was he was intoxicated and walking around in the house with the shotgun or was there more to this incident as to the reason she called the police?
Any responsible firearms owner won’t touch a firearm after one drop of alcohol. You cannot legislate common sense.
This!
Yet, here you are… On the Internet?
Here we go again, trying to legislate common sense. Seems our legislators think we are to dumb to think for ourselves, are we?
Doing firearm maintenance while under the influence is just plain stupid but it doesn’t rise to the level of criminal IMO. This guy is even more stupid for marrying a woman who would call the police on him simply for doing that (I assume he did not threaten her while holding a gun or the charges against him would be worse).
It’s Friday night. Nothing’s happening. You have a few drinks after a long work week. Mutants kick in your door, you grab your shotgun………………..
A. There is no gun because it was taken away as soon as your blood alcohal level reached the legal limit. You and your entire family are slaughtered.
B. You respond appropriately, the perps are killed, you are sent to jail for wielding a firearm while intoxicated. The perps family has you charged in Civil court based on your conviction.
Call the tow truck quick…we’re having WINE with dinner…
Guest will have to walk home…
………unarmed.
Critical thinking people.
Gun was unloaded and being put away in a safe when the cops showed up. Drunk or not.
So according to the state of Ohio
Does this mean can I be charged if the hoods open on my vehicle doing an oil change or changing an alternator on it with a Budweiser in my hand like we all do on the weekends.
is that grounds to have your vehicle confiscated.
Or worse yet buy a case of beer invite some friends over to help you work on a vehicle.
And be charged with conspiring to plot an act of terrorism because now there’s a group of people plotting a way to fix a vehicle to undoubtably fix it and in a drunken rampage crashing into a building full of people or taking out the poor mother and her minivan full of kids.
Is this an agenda (ie gun control) or an inability to think and reason (as you have)?
Your catching on!
Alcohol is the real problem, also drugs that are made legal for some reason, we as American want to blame the problem on something else, we sell both and when there is a problem such as fatal accidents on the highway or in the home we look the other way, If you own a firearm you should be responsible, as is the same for Alcohol and legal drugs. We continuously make new laws that are not enforced to please people, now you are asking the supreme court to make a decision, what a waste of time
It’s easy to make guns the boogeyman with the MSM driving the agenda against gun ownership. As noted in other comments, are we going to ban alcohol? Maybe tobacco too, as the passive smoke inhalation could kill someone. And how would such a law be enforced, will we have to have Big Brother cameras installed in our homes?
People are the problem. Alcohol is an inanimate object just like a gun or a vehicle. I have a bottle of Vodka that has been in my freezer for over 15 years. (No it will not freeze) I chose to quit drinking all those years ago and that bottle of Vodka hasn’t caused a problem yet. This guy’s wife decided to call the police about him having his shotgun out while he was drinking. I don’t know about you but from a personal responsibility aspect I, even when I was drinking I didn’t handle my firearms. Do I agree with the idea that I need Uncle Sugar stepping in and setting the rules: absolutely not! However, we as responsible gun owners must educate the less responsible that this is serious business now and we cannot give the anti-gunner’s an inch.
Our conduct must be above reproach. The stupid video’s of “hold my beer and watch this” have got to stop.
This adolescent irresponsible gun handling has got to stop. You cannot win hearts and minds with this kind of behavior. NO we don’t need more laws or the courts to strip us of our rights. We need to police ourselves and unite to SAVE OUR REPUBLIC people.
We are now to collectively win any hearts and minds of anybody.
The hold my beer videos are funny as hell and need to remain.
What we men need to understand that when we want to have a couple of cold ones while we’re working cleaning or building Firearms is that we need to get the wife out of the house UNLESS she is enjoined with you in your project and ALL ELSE IS SAFE!
Who knows if the wife didn’t use this as an opportunity because she didn’t “get some” one night? Or for whatever one of millions of reasons that women get pissed off at their husbands?
How do we know she wasn’t fed some BS by a girlfriend to try and get co.trip of the house and the family money?
LOOK AROUND YOU! How many single women own large, expensi e homes that spent their li as as teachers or dental assistants?
Who is the most dangerous? Malpractice, Drunk drivers, or Anti-Constiturional evil Politicians?
I vote Politicians! But thats just me! 🙂
C. All the above.
So if I’m home enjoying a beer or two and someone tries to break in I’m charged with being intoxicated while handling a firearm? This is total BS, government stay out of my home!!
To Mr. Romano. The problem arose because Mrs. Weber invited officers into her – and her husband’s – home. Once inside, police officers cannot ignore anything, that may be unlawful.
Thus, were officers to see drug paraphernalia – on, say, a table (in plain sight) – they’d be able to seek a search warrant and to secure the scene until the warrant arrived and was served upon whomever is there and “in charge”.
The lesson here: do not invite law enforcement officers into your dwelling-place without a compelling reason.
Mrs. Weber – if not afeared for her safety – erred by inviting the officers to enter. Once inside, the officers seem to have behaved properly.
DITTO!
Well, you certainly won’t tell on yourself. But, if your wife or anybody else called the police and filed a complaint. Your screwed because she or they invited them into the home by filing that complaint.
Choose your wife and friends carefully.
Now how else would the totalitarians even know who were drinking without absolutely spying within our personal lives?? If Americans don’t wake up to the danger these leftist POS are to us we are doomed! Leftists are terrorists!
Guess you missed the part about HIS wife calling the police on her husband. At some point you need to grasp its people from both parties who want to disarm you. Pay attention.
Wrong. Ohio is not exactly a bastion of conservatism. However even in a conservative state if you invite the police into your home it’s GAME ON.
Personal responsibility and good judgement would have worked wonders here. Remember you can be completely in the right but the first person to call the police and file a complaint is the WINNER. And the LOSER gets to go to the Judge and explain what happened. I suggest you drink and fondle your wife or friend and fondle your firearm when your sober. Above all choose your wife and friends carefully.
Nailed it, Bro!
Where does it end, what happened to our freedom! Where is this country going ? You can’t say merry Christmas, kids cant say the pledge of allegiance, your not allowed to have an opinion. And if you voice your opinion about immigrants you could be arrested. Who`s country is it?
Amen! Someone left the doors unlocked and the wrong dogs are running the kennel!
The standardized field sobriety test is used to detect impaured drivers not impaired gun owners there is no implued consent to own a firearm. He needs to move down to Louisiana where we drink all night get up in the morning and make a hunt. Ohio sucks .
A slippery slope this is..
I don’t condone drinking while using a firearm.
BUT, the Second Amendment shall not be infringed..Period As long as your peaceful…So?
Drunk drivers on the road they should be concerned about.
And there is a certain degree of Implied Responsibility when you live in a FREE society. Certain risks are unavoidable, and we need to understand that this is NOT the Garden of Eden. Bad things CAN and DO happen. But surrendering our God given Rights too Government Babysitters is NEVER the answer.
Yes, totally agree with you.
Ten thousand deaths, resulting from incidents such as described above, are not worth one person losing his inherent right to self-preservation.
The main reason for the 2A is a check on the tyranny of government. Governments exterminated millions of their own peoples in the 20th Century.
Genocide, or death by government, is always a real and present danger.
Next, government will outlaw stupidity. Where will government get the monies to lock up more than one-half of America?
The government will never outlaw stupidity. They’d all be in jail.
The proper term for mass killings by government is “democide”. Also, the government will never pass a law outlawing stupidity — they will never outlaw themselves. All tryannical governments pass laws for “other people”, not themselves. That’s of course one of the “tells” in our government becoming addicted to using “other people’s money” to buy their slimy way into office.
This is about language. “Exterminated” is what’s done to harmful insects or animals. In the 20th Century, there were at least eight major genocides, in which some 50,000,000 were murdered.
The Nazis views their victims – mainly Jews and Roma (Gypsies) – as sub-humans. Most were sent to places the Nazis designated as “Vernichtungslager” (Extermination Camps). Even that term is wrong. The places to which Nazis sent their victims were “murder facilities”. Those sent there were usually murdered on arrival, or within 24 hours of arrival.
They’ll ban guns but not alcohol
Alcohol kills way more people then guns
They already tried banning alcohol with a CONSTITUTIONAL AMENDMENT. Remember? (Al Capone, Eliot Ness)
It didn’t work.
They then passed ANOTHER CONSTITUTIONAL AMENDMENT allowing alcohol.
Let’s just ban automobiles, baseball bats, bows & arrows, kitchen knives, etc.
Yeah, Prohibition worked SO WELL.
Firearms + alcohol = nothing good. But this is an overreach.
Great. Any police officer you know, that drinks alcohol, should be turned in, and stripped of the firearms. No firearm, mean no police. This is, after all, what the left wants.
Hmm… 80% of police are republicans, they seem very ready to take firearms. Pay attention
Sounds like it’s time for a divorce.
Hell yes it is.If he hasn’t already sent her packing hes an idiot.Maybe someone that dumb dosent deserve rights.
Evidently he did or said something to her that prompted her to call. I’m sure this wasn’t the 1st time he has been drunk.
Me thinks there is more to the story than we’re told.
I once had a neighbor with a felony record and a manipulative, controlling wife. One day he asked me to come over and remove a toy gun from the house because he didn’t even want to touch it. (It belonged to the house owner- folks had died, son had the house but lived out of state, this guy knew him from childhood, yada, yada, yada – this guy was squatting there as a “caretaker” because he was on the outs with his wife.) I took the toy gun home and sure enough, Saturday morning I notice the cops over there, two and the front door, two at the rear and shortly they had him face down on the lawn in handcuffs. I sat down on the kitchen door steps and waited. When the cop came over I told him what I knew about the situation and he wanted to see the toy gun. Anybody could see that it was just a kid’s toy, not a real gun. The cop took it with him as evidence. Apparently the wife had called it in that he was a felon in possession of a firearm. Didn’t matter to her that it was just a toy.
Either there is more to this story she isn’t saying, or she was being a c***. If it were the latter, this guy better get himself a divorce attorney before she cleans out his account and assets while he sits in jail.
What a bunch of liberal BS….
Sure, an intoxicated person, even in their own home, shouldn’t be handling a firearm. And sure, police/first responders must deal with such, occasionally. However, I do NOT believe that, if the person is NOT committing an actual crime involving a firearm, that they might commit while NOT intoxicated, that an arrest, trial conviction and a life-time of gun rights surrendered in the process. To make or legislate such as a prosecutable crime should not be allowed to stand.
I’ll bite. It’s not illegal to drive straight on a straight road while intoxicated. It’s illegal to be in the operation of a motor vehicle while intoxicated.
Unloaded firearm / sitting in a non-running vehicle with the keys “with-in” reach.
It’s just plain common sense to not operate or handle anything dangerous (no matter what that is) while getting intoxicated. The fact they have had to make laws around that Is embarrassing and indicates there are a whole bunch of stupid people who own guns.
This guy just made gun owners look bad. Shame on him (and more shame on his wife).
And who is to decide when drinking has gone to the level of ‘intoxication’? What next breathalyzer tests on the sofa? Legal limits for consumption in the home? Porch sobriety tests? There is a reason law is based on actions…………..not predictions.
A field sobriety test was given in the home, good bye to 4th amendment.
Yup! And most of the sheeple will never even notice!
Bingo! They just keep creeping in closer, don’t they?
If I am drinking to the point where I am drunk, my guns don’t come out of their safe… never. If you are hammered and handling firearms even at home, you are taking a bigger risk than having them taken away for a while… seems like a good law to me.
4th amendment, Boy. No law against stupid.
I can see it now..Gunowners subject to random “Home invasion Allcohol check…
Or only when they are dumb enough to threaten a spouse or family member while being intoxicated.
Mrs. Weber appears to have invited the officers to enter, so the officers’ entry was not unlawful. But Mrs. Weber probably did not understand the effects of her invitation. This likely has costs the Webers many tens of thousands of dollars in attorney’s fees, etc.
She knew what she was doing.
There is more to this story. Either she was threatened by her drunk husband during this evening of drinking and handling of firearms or she was establishing control over him.
It wasn’t a naive call that she made to law enforcement.
More nanny-state laws. Why not just use personal responsibility, like we do now, and hold them accountable. If it becomes a law, and some guy gets drunk in his own home and doesn’t even touch his guns, will Ohio still put him in prison? At some point, with everybody in prison, who will pay the taxes?
The US government is financially insolvent and so are many state governments. The politicians and their elite handlers are aware of this and are just grabbing as much as they can before it all comes to an end.
Politians don’t care..But now the crooked ones feel safe.
I’ve got mixed feelings on this issue. If there isn’t a firearm discharge crime = no Crime, even a drunk person has a Right to defend him/herself from a bonafide threat. On the other side, inebriation can affect judgement and its a matter of how strongly a person’s firearm safety/handling is ingrained and remains dominant in their actions.
All true, BUT if some drunk with a gun shoots (and/or kills) someone, what else do you need to charge than ADW or murder? If he or she is engaging in domestic violence, what other crime do you need to charge? That the person “had access” to a firearm while drunk? I call it overkill and completely unnecessary. As noted, anyone who owns guns and drinks, whether or not that person even picks up a gun, is subject to criminal liability under this law. And that is plainly insane.
Nor am I surprised by the cities piling on. Ohio cities are hotbeds of anti-gun animus that have sought for years to enact gun bans in violation of state law, thinking (notwithstanding Chicago’s 20+ year failed experiment) that banning guns will reduce their (out of control) “gun violence” problem.
Chicago is a shall issue state. Ccw since 2012. Killings are still high. Yes there are laws on the books but his wife felt threatened enough to call the police. I personally don’t want to be around an intoxicated person making threats
LOL, what are you trying to be a Schiff want-a-be? Where does the article state she felt threatened? More like she was pissed at him for paying more attention to his guns that her. After all, he was cleaning them AS STATED IN THE ARTICLE.
Chicago is not a shall issue state. Chicago is a city. Killings are still high because of the gangs, not because of the CCW holders. In point of fact, even the Chicago Tribune has published a few stories pointing out that CCW holders have prevented crimes.