State v. Cultrona
2023 Ohio 3707
Ohio Ct. App.2023Background
- Appellant Ian Cultrona was convicted of aggravated menacing in 2017; two Ruger handguns seized under a criminal protection order were held by the Dover Police Department.
- Forfeiture proceedings were never initiated; the State later filed a motion to dispose of the firearms.
- Cultrona, incarcerated and subject to a firearms disability, filed a pro se motion to transfer the guns to his 22-year-old son.
- At the hearing the proposed transferee (the son) did not appear and no assurances or evidence were presented that he was legally eligible to possess the firearms or would keep them away from Cultrona.
- The trial court denied the transfer, finding a risk of constructive possession given the close father–son relationship and the absence of assurances; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Cultrona's motion to transfer firearms to a third party under 18 U.S.C. § 922(g) | Transfer should be denied absent credible assurances the transferee will prevent the felon from exercising control over the guns; no such assurances were offered and the son did not appear | Trial court failed to obtain or require assurances that the transferee was not prohibited from possessing firearms, would keep them away from the felon, and would not aid a § 922(g) violation | Affirmed: under Henderson a court may approve a transfer only if it prevents the felon from exercising control; lack of assurances plus close paternal nexus made transfer improper |
Key Cases Cited
- Henderson v. United States, 575 U.S. 622 (2015) (Supreme Court guidance that transfers are permissible only if they prevent a felon from later exercising control over firearms)
- United States v. Al–Rekabi, 454 F.3d 1113 (10th Cir. 2006) (discussing constructive possession and puppeteer theory)
- United States v. Zaleski, 686 F.3d 90 (2d Cir. 2012) (approving sale to independent dealer as safe disposition)
- United States v. Miller, 588 F.3d 418 (7th Cir. 2009) (noting courts may seek transferee pledges to keep guns away from felon)
- State v. Fadness, 268 P.3d 17 (Mont. 2012) (upholding trial court's rejection of parental assurances as not credible)