Can Being Drunk in Your Home, Where You Have a Gun Stored, Be a Crime?

sparrowTwo Novi police officers were dispatched to a call regarding a verbal altercation. Upon arrival at the scene, they were informed by a man identified as James Hamlin (a friend of defendant) that defendant had run off into the woods, that there had been an argument and that defendant had been drinking. The officers searched the area for defendant to do a “welfare check,” but were unable to locate him and they ended their search.

Approximately two hours later, one of the officers, Officer Shea, along with other officers, was dispatched to a disturbance call at a home. Hamlin was again present, outside the home, and informed the officers that defendant was inside the house with a gun. But he also told Officer Shea that he could see defendant in the house, but did not see a gun.

The officers approached the house and spoke with defendant’s mother-in-law at the door. The mother-in-law stated that defendant no longer had a gun and that she had taken it and hidden it in the house. She let the officers in, showed them the gun which she had hidden in the bottom of a garbage can in the laundry room with the clip found next to the gun….

The district court concluded that, while there was evidence that defendant was intoxicated based upon a blood alcohol test, no evidence was introduced to show that defendant was…

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