LTCH holder arrested

[jdgatliff]

My step dad was arrested tonight for being drunk, and pointing his handgun at someone for no appropriate reason. To make a very very long story short he was drunk and fighting with everyone. The person he pointed the gun at had done nothing wrong. The police took their statement and arrested him.

I was not there to see all this happen, I was on the phone with my older brother who was there. We were talking when it happened and I told him call 911 immediately. I'm glad they arrested him but the deputy's didn't say exactly what he was being arrested for. I assume drunk and disorderly conduct, Pointing a loaded firearm at someone, and being in possession of a firearm while under the influence of alcohol.

Hopefully they charge him with all three and take his LTCH. This happened in Owen County so we'll see how well our sheriffs dept works on this case. I know pointing the gun is a class D felony. Anyone have a clue about the degree of charge for being in possession while under the influence?

 

[Bill of Rights]

My step dad was arrested tonight for being drunk, and pointing his handgun at someone for no appropriate reason. To make a very very long story short he was drunk and fighting with everyone. The person he pointed the gun at had done nothing wrong. The police took their statement and arrested him.

I was not there to see all this happen, I was on the phone with my older brother who was there. We were talking when it happened and I told him call 911 immediately. I'm glad they arrested him but the deputy's didn't say exactly what he was being arrested for. I assume drunk and disorderly conduct, Pointing a loaded firearm at someone, and being in possession of a firearm while under the influence of alcohol.

Hopefully they charge him with all three and take his LTCH. This happened in Owen County so we'll see how well our sheriffs dept works on this case. I know pointing the gun is a class D felony. Anyone have a clue about the degree of charge for being in possession while under the influence?

No such crimes as "drunk and disorderly" or "possession of a firearm while under the influence" in Indiana. You're correct about the pointing of a firearm. For his sake, I hope it was unloaded.

IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.

And if he is convicted, the courts will, of course, focus on the fact that he was armed and not the fact that he was intoxicated, despite the fact that it's probably unlikely he'd have pointed the gun had he been sober.

Our court system at work.

Blessings,
Bill

 

[jdgatliff]

It was loaded.

 

[IndyMonkey]

Hes lucky that the police were the ones called and not the coroner.

 

[snapping turtle]

Sounds to me like someone needs to get a handle on a drinking problem first.
Lots of help available to him when he decides it is time to end that problem. Call AA in the area and someone might just come to the jail and talk to him as he bails out. It might just save his life.

The court system is overwhelmed with cases so a plea bargain might reduce the charge out of felony status. IN my family we attempt to handle things in house so to speak. Sounds like this time that was not an option.

 

[Bill of Rights]

Sounds to me like someone needs to get a handle on a drinking problem first.
Lots of help available to him when he decides it is time to end that problem. Call AA in the area and someone might just come to the jail and talk to him as he bails out. It might just save his life.

The court system is overwhelmed with cases so a plea bargain might reduce the charge out of felony status. IN my family we attempt to handle things in house so to speak. Sounds like this time that was not an option.

on AA. I'm not sure there are too many things he could plead this down to to get it out of felony territory. For his sake, I hope he's able to do so. I agree with you that the root of his problem is not the gun, it's the alcohol. If he can be helped to control the latter, the former will likely take care of itself and not leave a man defenseless for what may be the rest of his life.

If he's the victim of a bunch of unlawfully armed thugs while that right is denied him, he almost certainly will be defenseless for the rest of his life, however short a time that may be, under those circumstances.

Blessings,
Bill

 

[SSGSAD]

I hope he can get his problem solved, keep us updated, prayers sent...

 

[Lobo]

on AA. I'm not sure there are too many things he could plead this down to to get it out of felony territory. For his sake, I hope he's able to do so. I agree with you that the root of his problem is not the gun, it's the alcohol. If he can be helped to control the latter, the former will likely take care of itself and not leave a man defenseless for what may be the rest of his life.

If he's the victim of a bunch of unlawfully armed thugs while that right is denied him, he almost certainly will be defenseless for the rest of his life, however short a time that may be, under those circumstances.

Blessings,
Bill

I don't see how a law leaves someone defenseless for the rest of their life. If this jackwagon has so little respect for the law, himself and other people that he is getting drunk and pointing a gun at innocent people, I'm sure carrying without an LTCH won't bother him. He may have to pay a penalty for carrying, if he gets caught. But it's his choice whether to remain defenseless or not. He made his bed....let him lie in it.

 

[Bill of Rights]

I don't see how a law leaves someone defenseless for the rest of their life. If this jackwagon has so little respect for the law, himself and other people that he is getting drunk and pointing a gun at innocent people, I'm sure carrying without an LTCH won't bother him. He may have to pay a penalty for carrying, if he gets caught. But it's his choice whether to remain defenseless or not. He made his bed....let him lie in it.

I don't know the man involved and likely, you don't either. The OP made no mention of whether or not this had happened before but I think it unlikely. Further, how long has the man been lawfully carrying his pistol? Has he ever done this while sober?

The point I'm making is that rather than focus on the problem, the law will likely punish the act. The best comparison that comes to mind is if you go to the range for the first time and miss your target, you replace your gun rather than focus on improving your shooting ability.

Yes, the OP's father is probably charged with/accused of pointing a firearm at another person, however if it's not happened before or if he, like so many others, is more of a hothead when he's drinking, the problem is not a lack of respect for the law, himself, or others, it's just a lack of control when drinking. Take away the drinking and you take away the problem. Why are people so quick to jump to take away a man's lawful ability to exercise his rights? (hint: There's no Constitutional right to drink alcohol.)

Blessings,
Bill

 

[hoosierfishing]

I'm going to assume the guy went to a place knowing he is going to get drunk. If thats the case, then the first and most important mistake he made was bringing his gun with him knowing he was going to be intoxicated. I'm also assuming he made this decision while he was sober. BIG PROBLEM!

 

[ATF Consumer]

Yes, the OP's father is probably charged with/accused of pointing a firearm at another person, however if it's not happened before or if he, like so many others, is more of a hothead when he's drinking, the problem is not a lack of respect for the law, himself, or others, it's just a lack of control when drinking. Take away the drinking and you take away the problem. Why are people so quick to jump to take away a man's lawful ability to exercise his rights? (hint: There's no Constitutional right to drink alcohol.)

Blessings,
Bill

I don't buy into the idea of drinking causes one to lose control, other than motor skills. Takes away responsibility.
Would I say something drunk that I otherwise wouldn't sober? sure
What about involving my gun? Absolutely not. I've been falling down drunk before while carrying and have never even thought of using my gun unless it was required to do so for it's carried purpose. "I was drunk" card gets played far too often and is nothing more than an excuse.

 

[printcraft]

No sympathy. Tough toenails.

Sorry, step dad seems like he has no common sense.

He should consider himself lucky he is not going up for manslaughter or homicide.
"He just pointed it, he didn't shoot."
Yeah, I know, maybe one more drink would have loosened his trigger finger a little.
Next time eh?

 

[jdgatliff]

He got his LTCH handgun earlier this year. To give a little insight in him, he has pulled out a rifle on me and my older brother one time when I was 14. He is a hothead I moved out when I was 18 and didn't go back around him until this year. I'm 27 now. I figured he had changed his ways. I guess I was wrong. Oh well nobody got hurt and I wasn't involved thank god.

As far as his LTCH I think he should lose it. I'm still waiting on mine and could never imagine pulling my weapon and pointing it at an unarmed woman that I don't know. (For no reason that is)

 

[Lobo]

I don't know the man involved and likely, you don't either. The OP made no mention of whether or not this had happened before but I think it unlikely. Further, how long has the man been lawfully carrying his pistol? Has he ever done this while sober?

The point I'm making is that rather than focus on the problem, the law will likely punish the act. The best comparison that comes to mind is if you go to the range for the first time and miss your target, you replace your gun rather than focus on improving your shooting ability.

Yes, the OP's father is probably charged with/accused of pointing a firearm at another person, however if it's not happened before or if he, like so many others, is more of a hothead when he's drinking, the problem is not a lack of respect for the law, himself, or others, it's just a lack of control when drinking. Take away the drinking and you take away the problem. Why are people so quick to jump to take away a man's lawful ability to exercise his rights? (hint: There's no Constitutional right to drink alcohol.)

Blessings,
Bill

If you don't know him either, why do you assume that it is unlikely that he has ever done this before? People don't just wake up one day and decide that they are going to get plastered and point their gun at people. Alcohol only loosens inhibitions. What he did was already in his heart. This guy has issues deeper than a drink.

The law focuses on the act, because it is the act that is harmful. The law doesn't care about this guy's personal demons, he is expected to act like a decent, law-abiding citizen without government involvement to address his chemical dependency. Your range comparison falls flat, because it fails to recognize the potentially lethal behavior of pointing a loaded firearm at innocent people while enraged and intoxicated. I find the disarming of such an individual completely appropriate.

If this individual should prove himself to be a proper person in the future, I have no problem with reinstatement. Until then, I will gladly lean towards protecting the rights of life, liberty and the pursuit of happiness for law-abiding citizens over this out-of-control drunk's right to unfettered access to firearms.

I don't see how you can say that his problem is not a lack of respect, especially for himself. He alone is in control of his drinking, and if his problem is consuming him, he needs to get help. If he is content to wallow in his drunkenness, affecting himself and all of his loved ones, then I can see nothing BUT a profound lack of respect.

As far as his rights are concerned...with rights come responsibility. I'm sure that the founding fathers referenced law-abiding people when speaking of rights, not criminals and felons. Indeed, all of a felon's rights were forfeit in the time of the founding of this nation. Until we return to appropriate punishment for crimes committed, all we have are these half-measures, like taking away an LTCH.

 

[Lobo]

He got his LTCH handgun earlier this year. To give a little insight in him, he has pulled out a rifle on me and my older brother one time when I was 14. He is a hothead I moved out when I was 18 and didn't go back around him until this year. I'm 27 now. I figured he had changed his ways. I guess I was wrong. Oh well nobody got hurt and I wasn't involved thank god.

As far as his LTCH I think he should lose it. I'm still waiting on mine and could never imagine pulling my weapon and pointing it at an unarmed woman that I don't know. (For no reason that is)

I didn't see this response before posting to Bill of Rights.

Well, well, well.

So much for, "I doubt he's done anything like this before."

He needs to be in prison.

 

[Cemetery-man]

Drunkiness and guns are no better than driving while drunk. Anyone that thinks they are in control of their actions while drunk need to watch a video of themselves while drunk. Of course you don't need to have a video camera, the police will furnish that.

 

[Indy317]

If you want to know the true charges, go to mycase.in.gov (no www in front). Select Owen county from the list, then click Criminal and Citation Case Records link. Once the next page loads up, select "Defendant" in the Search By drop box. This will change the page where you can now enter his name and search that way.

If you really think this guy has no reason to carrying a gun, print out that information and anonymously sent it to the state police licensing unit. They will look into it and take whatever action they think they should take. Some LE agencies and prosecutor's offices may do this automatically, not sure.

 

[PatriotPride]

Drunkiness and guns are no better than driving while drunk. Anyone that thinks they are in control of their actions while drunk need to watch a video of themselves while drunk. Of course you don't need to have a video camera, the police will furnish that.

Just because you or others don't control yourselves while drinking doesn't mean that I can't.

 

[jbombelli]

He's lucky he didn't point a gun at the wrong guy and only got arrested instead of killed.

 

[88GT]

Just because you or others don't control yourselves while drinking doesn't mean that I can't.

Is that the internet equivalent of "I don't have a problem. I can quit at any time I just don't want to."