State v. Campbell
2013 Ohio 5612
Ohio Ct. App.2013Background
- Sanchez Campbell pleaded no-contest to carrying a concealed weapon (R.C. 2923.12(A)(2)) after the trial court denied his motion to dismiss the indictment.
- Campbell argued R.C. 2923.12 is unconstitutional both on its face and as applied because it infringes his fundamental right to bear arms.
- He also asserted indigency prevented him from obtaining a statutory concealed-carry license (R.C. 2923.125), which requires fees and a training certificate.
- The trial court denied the motion to dismiss; Campbell preserved the issue and appealed.
- The Court of Appeals reviewed the constitutional challenge de novo, applied post-Heller/McDonald principles and Ohio precedent (Klein), and concluded Campbell failed to meet the burden for either a facial or as-applied invalidation.
- The court affirmed the conviction, noting Campbell offered no evidentiary proof of indigency or that the statutory licensing scheme was practically unavailable to him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Facial constitutionality of R.C. 2923.12 (ban on carrying concealed weapons) | Statute is a lawful regulation of weapons and presumptively constitutional | Campbell: statute violates fundamental right to bear arms under Second Amendment and Ohio Const. art. I, §4 | Statute constitutional on its face; defendant failed to prove it unconstitutional in all applications; Klein controls that concealed-carry prohibition is a longstanding, permissible regulation |
| As-applied challenge based on indigency and inability to pay licensing fees | State: licensing scheme (R.C. 2923.125) provides alternative means (permit) and is compatible with intermediate scrutiny | Campbell: indigency prevents him from obtaining license fees/training, so statute as applied denies his right | As-applied claim fails—Campbell presented no clear, convincing evidence of indigency or inability to obtain a license; court declined to void statute as applied |
Key Cases Cited
- Dist. of Columbia v. Heller, 554 U.S. 570 (Second Amendment protects an individual right; right is not unlimited)
- McDonald v. Chicago, 561 U.S. 742 (Second Amendment applies to the states)
- Klein v. Leis, 99 Ohio St.3d 537 (Ohio holding: no constitutional right to bear concealed weapons; statute regulating manner of carrying upheld)
- Perry Ed. Assn. v. Perry Local Educators’ Assn., 460 U.S. 37 (intermediate-scrutiny framework: means must be narrowly tailored to significant interest)