Having a few too many at home shouldn't make handling one's own firearm illegal, according to an Ohio man challenging his arrest on a charge of possessing a weapon while intoxicated.
Furthermore, the law itself is flawed because it means nearly anyone with a gun at home who also consumes alcohol is breaking the law, Weber's attorneys argued in a filing with the Ohio Supreme Court last year.
Prosecutors disagree with Weber's argument and say the law was constitutional as applied to his situation. Weber, “by holding his firearm while intoxicated, was not exercising his right to bear arms in a virtuous manner,” the prosecutor said.
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