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Frederick Weber of Ohio argued police violated his constitutional rights by arresting him for being drunk while brandishing a shotgun at his home. So reports The New York Daily News.

double 88405 640smallOhio law states it is illegal to carry a gun while drunk. Weber was convicted of a misdemeanor and handed a 10-day jail sentence, which was suspended.

Weber's attorney cited the fight for independence from the British in his defense. “I wonder how much liquid courage the Colonists had when they lined up 100 yards from the enemy in an open field and started marching and firing?” wrote lawyer Gary Rosenhoffer, according to the article.

The case is now heading to the state’s Supreme Court.

Read the full article from The New York Daily News.

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