Gibson v. State

OPINION

COATS, Judge.

Don L. Gibson and Jerry E. Newcomb each pleaded no contest to the charge of misconduct involving weapons in the fourth degree, possessing a firearm on the person while impaired by intoxicating liquor. Each defendant preserved the right to argue on appeal that the misconduct involving weapons statute was unconstitutional when applied to people in their own homes or on their own property.

Newcomb was arrested alter State Trooper Tellep went to Newcomb’s home in response to a report that Newcomb was intoxicated and firing a weapon. Tellep knocked on Newcomb’s door and when…