“So, what happened?”
“I got into an argument with my buddy while we were drink’n. We were yell’n at each other and push’n each other around before I booted him outta my house. Next thing I know, cops show up and arrest me from my home.”
“Did you talk to the prosecutor at the arraignment?
“What did she say?”
“Said I was being charged with possession of a gun while intoxicated, whatever that means.”
“Michigan has a law making it a misdemeanor for a person to have possession or control of a firearm while intoxicated. It’s punishable by up to 93 days in jail or a $100 fine or both.”
“Yeah, whatever. So now what?”
“Did you blow over a .08?”
“Think I blew a double deuce when I got to the station,” he said with a grin on his face.
I whistled. “Sounds like a good time.”
“Sure was. My buddy was even in the tank to greet me. That’s how ya know ya have a good friend.”
“Do you own any guns.”
“Sure do, lots of ‘em.”
“They registered in your name?”
“Have you ever been convicted of a felony?”
“If you’re convicted of a felony, you’re not allowed to own a gun,” I replied. “Did you grab a gun during the altercation with your buddy that night?”
“Nope. I wouldn’t put a bullet at risk of touching that man, it’s bad for the lead.”
“Did you have a gun in your hand when the cops showed up?”
“You never touched a gun that night.”
“Well, you have a Second Amendment defense. Michigan recently held that it’s unconstitutional to arrest an individual for constructive possession of a firearm while intoxicated and in their own home.”
“Constructive possession is a legal fiction that imputes actual physical possession over a firearm due to its close proximity and availability to the individual charged.”
“You don’t have to have the gun actually in your hand to be charged with possession if the gun is within reach.”
“Michigan agrees, at least if you’re in your own home. The right to possess a handgun in one’s own home as a means of self-defense is a constitutional right. Court’s aren’t willing to applying the statute in a fashion where constructive possession of a firearm while intoxicated in one’s own home becomes illegal.”
“Not yet, anyway,” he said.