LTCH holder arrested

[jdgatliff]

I just checked mycase.in.gov website. He isn't in there yet but this just took place last night.

That's a pretty cool site I didn't know about thanks for the link. I found myself in there, the only ticket I have ever had when I was 18 for driving through high water showed up.

 

[LPMan59]

i am so glad i quit drinking. i did some stupid stuff when i was younger (none of which involved any type of weapon btw) and i am very grateful i never hurt myself or someone else.

I don't have a problem with people having a drink while carrying, but if you want to tie one on....leave it at home. If for no other reason, i would be afraid of some other drunk trying to be funny or a hardass by gun grabbing and me being unaware or unable to deal with the situation appropriately/fast enough.

i hope this guy gets the help he needs and the appropriate punishment if convicted...especially if he has a history of pointing guns at people (including his own family!!!??? yikes!)

 

[Indy317]

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

There is a difference between "drunkenness" or "intoxication" and the mere consumption of alcoholic beverages.

 

[Rob377]

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.

+1


Guns=good
Alcohol=good
Guns+alcohol=bad

If I'm going out to have a couple, I don't drive and I don't carry.

Fortunately, my beermuscles make my fists registered deadly weapons!

 

[rmabrey]

too each their own

 

[groovatron]

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

^This

 

[jdgatliff]

I just found out he was charged with pointing a weapon and intimidation.

Intimidation is a Class A Misdemeanor offense under most common circumstances. A Class A Misdeameanor carries a maximum penalty of up to 1 year in jail.
However, if the threats are of a serious nature, and the coercion is under the the threat of a felony retaliation, the Intimidation charge is a Class D Felony. A Class D Felony has a maximum sentence of 3 years in prison and $10,000 in fines.
A charge of threatening with a deadly weapon makes the offense a Class C Felony, which brings the potential penalty up to 8 years in prison.


He could get a class C and a class D felony out of this. I guess I'll just have to wait for trial now.

 

[j706]

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?

Based on what you said he did I would have charged him with Criminal Recklessness with a deadly weapon,Pointing a loaded firearm,disorderly conduct and maybe public intoxication. The first two may be duplicate charges (To lazy to look them up). Arrest, detain, do the paper work and charges and let to prosecutors office sort it out. If he has a LTCH the sheriffs department should send a copy of the case report and charges to the ISP licensing board for an immediate revocation of his permit (If he has one) One good thing is if he has a drinking problem he WILL be ordered to undergo treatment, he WILL NOT be allowed to consume alcohol, he won't be able to be in possession of any firearms and he will not be allowed to live in any home that have firearms while on probation

 

[PatriotPride]

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

Nope. It's a polite way of saying "if you can't control yourself while drinking, then you probably shouldn't be carrying a firearm in the first place".

For the record, I don't drink in public. I rarely drink at home, but if I do I limit it to one drink and that's it. Everything in moderation. If you consider yourself responsible enough to carry a firearm, then by all means imbibe to your heart's content. You should be responsible enough to enjoy alcohol and carry a firearm.

 

[Bill of Rights]

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.

Something needs to be done, yes. The question is at what level. Prison? Perhaps. I wouldn't object to that, because alcohol or not, he did point a firearm at another person and that's a violation of the law. While Indiana does not have a law covering "assault" per se, that's what he did.
My point is that there are multiple things wrong in this situation that can be addressed and the first, the root cause is his own personality. The aggravating factor was the alcohol, and the tool used was the firearm. My objection is to the tendency to focus on the tool used and not address either the cause nor what aggravated it. We would not, for example, be discussing his right to walk into Walmart and buy a knife (or any other item used as a weapon) if he'd threatened someone with one of those rather than a gun.

The question we need to answer is if we're focusing on rehabilitation, on punishment, or on retribution/vengeance. I'd like to see the focus be on correcting the factors that led to the crime. Otherwise, the next incident will be with either an illegally-carried gun or with an uncontrolled knife. Or bat. Or chainsaw. Or bare hands. The problem here is not addressed by removing his legal ability to exercise the RKBA.

Blessings,
Bill

 

[Bill of Rights]

Based on what you said he did I would have charged him with Criminal Recklessness with a deadly weapon,Pointing a loaded firearm,disorderly conduct and maybe public intoxication. The first two may be duplicate charges (To lazy to look them up). Arrest, detain, do the paper work and charges and let to prosecutors office sort it out. If he has a LTCH the sheriffs department should send a copy of the case report and charges to the ISP licensing board for an immediate revocation of his permit (If he has one) One good thing is if he has a drinking problem he WILL be ordered to undergo treatment, he WILL NOT be allowed to consume alcohol, he won't be able to be in possession of any firearms and he will not be allowed to live in any home that have firearms while on probation

Good! THIS is addressing at least what aggravated the problem, if not the source of it. I'm glad to see that being at least *A* focus of the response.

Blessings,
Bill

 

[Jack Ryan]

Drunks a drunk.

Good to get one in jail BEFORE he kills some one. Too bad he'll be right back out and the rest of the drunks will be all so sorry for him and all about how he desearves another chance to kill some one with a gun, a car, what ever.

A drunk is a drunk.

 

[bwframe]

I heard this go down on the radio reference link Indiana Project Hoosier SAFE-T Monroe County Live Scanner Audio Feed
I didn't happen to hear the outcome, but the calls reported that he put the gun in a car, before the cops got there. He had a clue to what was happening.

 

[tbhausen]

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

He's even luckier he didn't point his gun at a sober, properly-lincensed and trained person, and get himself shot.

 

[jdgatliff]

It looks like I got some bad info from my little bro about the charges. The only thing he's being charged with is (see below) copied from the mycase.in.gov site. His trial is in February.

1. 35-47-4-3(b)/MA: Pointing Firearm at Another Person (Firearm Un-Loaded)

35-47-4-3(b)Misdemeanor Class A
10/09/2010

 

[rambone]

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."

Everyone who enters a public bar does not have a problem. Everyone who drinks adult beverages is not a drunk.

Now frankly, you are more likely to encounter trouble at a bar than probably anywhere else you go throughout the course of a normal week. So to disarm yourself in the most dangerous place you go wouldn't make much sense, for me anyways.

It all boils down to this. Am I more afraid of myself or of a thug? I personally am in control of my actions. Everyone knows their limits and capabilities - the law cannot know your personality. To get the government to disarm even the responsible people, and the loons would carry anyways.

I will always defend the right to be armed 24/7, everywhere.

 

[R3ydium]

This happened in Owen County so we'll see how well our sheriffs dept works on this case.

Honestly, at this point, it will be more of a question of "how well does your prosecutor in Owen county work"

Once a person is arrested, the arresting agency serves little more than an information conduit. The prosecutor will be the one to decide on final charges. In his case, if hes not been in trouble before, he might not get a felony charge, but I'm guessing his LTC is gone.

 

[96firephoenix]

It was loaded.

so was he.


as far as drinking while carrying, it boils down to tolerance and ability to control yourself. some people shouldn't carry with one drink, some can carry absolutely fine with 3. however, the prudence of doing so in terms of legal recourse is highly debatable.

 

[glock2010]

He was lucky that the guy he pointed his firearm at wasnt carrying a firearm because this could of ended up ugly. I think he needs to have the book thrown at him , laws are laws and guns arent toys that you go around pointing at people because you cant control your drinking...

 

[JJGatesE30]

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.

I just now read this thread but to this.