Duluth, MN (Northland's NewsCenter) --- A Duluth man has been ticketed for breaking into the home of a Duluth judge on New Year's Day.
There was a break-in at the home of Sixth Judicial District Judge Shaun Floerke around 3:00 in the morning.
Judge Floerke grabbed a gun and intercepted Daniel Scheer, a 26-year-old Duluth man who was inside his home.
Scheer had entered the house by breaking a window, and Judge Floerke held him at gunpoint until police arrived.
Police say Scheer was heavily intoxicated to the point of not being able to answer questions and refused a breathalyzer test.
Scheer reportedly did not know whose house it was, but it does appear he was involved in a nearby fight earlier in the night.
Licensed gun safety instructor Gardner Behrends said Judge Floerke was well within his rights to use the gun in the manner that he did.
"It's my understanding that in Minnesota, you can have a gun in the house without a permit," Behrends said. "However, to be useful, a gun should be quickly accessible while it's loaded, but you have to keep it secure from children and other unauthorized users."
Judge Floerke did just that. The gun was located in a safe, well out of the reach of his five children, ranging from age 7 to 16.
A court date has been set where Scheer will enter a plea to the charge of misdemeanor damage to property. If he pleads not guilty, it could then go to trial.
Posted by Zach Schneider