While preventing intoxicated individuals from committing crimes involving handguns is an important government objective, the infringement on defendant’s right in the instant case was not substantially related to that objective. We initially note that, at the time of the officers’ entry into the home, and at the time they were actually able to establish the level of defendant’s intoxication, defendant’s possession was constructive rather than actual. Thus, to allow application of this statute to defendant under these circumstances, we would in essence be forcing a person to choose between possessing a firearm in his home and consuming alcohol. But to force such a choice is unreasonable. As the facts illustrate, there was no sign of unlawful behavior or any perceived threat that a crime involving a handgun would be committed….
I’m OK with laws that punish the use of firearms while actually intoxicated, but not for a firearm stored in the home. Such a restriction is probably “common sense” to our opponents, but not to anyone who actually owns a firearm. It’s exactly how the court characterized it.
21 Responses to “Having a Gun in the Home and Drinking”
- SayUncle » Drinking while having a gun in the home - [...] Constitutionally protected. What, are you supposed to remove the guns when you open a beer? [...]