State v. Barber, 2023 Ohio 2991

April 3, 2022 traffic stop: officers smelled marijuana; Barber admitted a firearm was in his glove box and a loaded magazine was beside the driver’s seat; Barber had no concealed-carry license.
Barber was charged with carrying concealed weapons (R.C. 2923.12) and improperly handling firearms in a motor vehicle (R.C. 2923.16).
Ohio amended R.C. 2923.111 (effective June 14, 2022) to allow certain "qualifying adults" to carry concealed handguns without a license; the parties disputed whether that law applied retroactively to Barber.
At plea, Barber conceded he was an unlawful user of marijuana at the time (thus not a "qualifying adult" under R.C. 2923.111(A)(2)(b) because of 18 U.S.C. 922(g)(3)), pleaded no contest to an amended count (attempt to commit improperly handling firearms), and was sentenced to 12 months of community control.
On appeal Barber argued 18 U.S.C. 922(g) and Ohio R.C. 2923.16(B) are unconstitutional; the trial court and appellate court addressed waiver/forfeiture and plain-error review.
The Sixth District affirmed, holding Barber forfeited his constitutional challenges by not raising them at trial and failing to show plain error; prior Ohio and federal decisions support upholding the statutes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 18 U.S.C. 922(g) (esp. 922(g)(3)) is facially unconstitutional	922(g) is valid and applicable; Barber was an unlawful user under federal law	922(g) infringes Second Amendment rights (relies on federal district decisions attacking 922(g)(3))	Forfeited at trial; appellate court declines to find plain error and does not strike down 922(g)
Whether R.C. 2923.16(B) is unconstitutional	R.C. 2923.16(B) is constitutional and has been upheld by Ohio precedent; applies to Barber given lack of qualifying-adult status	R.C. 2923.16(B) infringes right to keep/bear arms and conflicts with R.C. 2923.111	Forfeited at trial; no plain error; prior Ohio cases uphold R.C. 2923.16(B); conviction/sentence affirmed

Cleveland v. State, 136 N.E.3d 466 (Ohio 2019) (constitutional questions reviewed de novo)
Beagle v. Walden, 676 N.E.2d 506 (Ohio 1997) (statutes presumed constitutional)
State v. Buttery, 164 N.E.3d 294 (Ohio 2020) (constitutional challenges must be raised at trial)
State v. Awan, 489 N.E.2d 277 (Ohio 1986) (challenge must be raised at first opportunity in trial court)
State v. Quarterman, 19 N.E.3d 900 (Ohio 2014) (plain-error standard for forfeited constitutional claims)
State v. Robinson, 48 N.E.3d 1030 (Ohio Ct. App. 2015) (upholding R.C. 2923.16 against Second Amendment challenge)
State v. Shover, 8 N.E.3d 358 (Ohio Ct. App. 2014) (R.C. 2923.16 is narrowly tailored for public safety)
Andreyko v. Cincinnati, 791 N.E.2d 1025 (Ohio Ct. App. 2003) (discussing standard for review of statutory constitutionality)