861 N.W.2d 645
Mich. Ct. App.2014Background
- Defendant Wilder was convicted by a jury of possession of a firearm while intoxicated (PFWI) under MCL 750.237; she was acquitted of felonious assault, felony-firearm, and domestic violence.
- July 2, 2011 domestic dispute: Wilder, intoxicated, moved a handgun from her nightstand to the complainant’s closet for personal safety; the complainant was intoxicated and had previously argued with Wilder.
- Wilder testified she moved the gun to protect herself from the angry, intoxicated complainant and to prevent misuse of the gun.
- Pretrial motion to dismiss the PFWI charge as unconstitutional as applied argued the Second Amendment and Const 1963, art 1, § 6 were violated; the trial court denied the motion and the case proceeded to trial with the jury instruction at issue.
- Post-trial motions challenged the constitutional viability of PFWI as applied; the court of appeals reviews the constitutionality de novo under an as‑applied framework (Deroche two‑prong analysis).
- The Court ultimately held that, as applied, PFWI survived intermediate scrutiny and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 750.237 as applied violates the Second Amendment/Const 1963 art 1, §6. | Wilder argues the statute is unconstitutional as applied. | State argues the statute is constitutional as applied. | No; statute survives as applied. |
| Whether Wilder’s actual possession of the gun, while intoxicated, falls within the Second Amendment’s protection. | Wilder contends movement of the gun was for safety and not an unlawful use. | State asserts possession in the home with intoxication falls within regulation under intermediate scrutiny. | Proceeding under Deroche; regulation Constitutional as applied. |
| Whether any instructional error or waiver requires remand for new trial. | Defense claimed instructional issues affected the outcome. | No preservation or waiver error found that would require remand. | No remand; conviction affirmed. |
Key Cases Cited
- People v. Deroche, 299 Mich App 301 (2013) (as-applied Second Amendment challenge framework (Greeno two-prong) and states interest in regulating intoxicated handgun possession)
- Greeno, 679 F.3d 510 (6th Cir. 2012) (two-pronged test for Second Amendment regulations)
- Heller, 554 U.S. 570 (2008) (recognition of regulated limits on Second Amendment right)
- United States v. Sheldon, 5 Blume Sup Ct Trans 337 (1838 (historical reference)) (historical view of gun rights in home for self-defense against unlawful use)
- People v. Riley (After Remand), 468 Mich 135 (2003) (directed verdict standard in light of prosecution evidence)