Legal Opinion

Dirks v. State

Court of Appeals of Alaska

Decided January 6, 2017No. 2531 A-11534PublishedCited by 1 opinion

1Opinion of the Court

OPINION

Judge MANNHEIMER.

David P. Dirks was convicted of fourth-degree weapons misconduct for possessing a holstered handgun in the backseat of his car while he was impaired by alcohol. See AS 11.61.210(a)(1), which forbids possessing a firearm “on [one’s] person, or in the interior of a vehicle in which [one] is present, ... when [one’s] physical or- mental condition is impaired as a result of ... intoxicating liquor or a controlled substance”.

The issue in this case arises because the holstered handgun did not belong to Dirks. Rather, it belonged to Dirks’s friend, Matthew Pemberton, who was…

2Cases cited4 opinions

  1. State v. HendersonSupreme Court of Iowa · 2005
  2. United States v. Arthur Wilson Cousins, United States of America v. Joe Armenta GanoCourt of Appeals for the Ninth Circuit · 1970
  3. State, Department of Public Safety, Division of Motor Vehicles v. NiedermeyerAlaska Supreme Court · 2000
  4. Alex v. StateCourt of Appeals of Alaska · 2006

3Cited by1 opinion

  1. Christopher R. Stacy v. State of AlaskaCourt of Appeals of Alaska · 2021

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