2012 Ohio 5919
Ohio Ct. App.2012Background
- Rush was indicted for carrying a concealed weapon, then re-indicted on improper handling of a firearm in a motor vehicle after suppression and dismissal of the CCW charge.
- He pled no contest to the improper handling charge; the CCW charge was dismissed.
- The trial court sentenced Rush to community control sanctions.
- Rush challenged R.C. 2923.16(B) as unconstitutional under the Second Amendment.
- The trial court overruled his motions; Rush appeals raising a single assignment of error.
- The appellate court majority affirms, holding the statute does not violate the Second Amendment as applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2923.16(B) is unconstitutional as applied? | Rush argues the statute infringes the Second Amendment. | Rush contends strict scrutiny applies and the statute fails. | Statute constitutional as applied; affirmed. |
Key Cases Cited
- Klein v. Leis, 99 Ohio St.3d 537 (2003-Ohio-4779) (presumes constitutionality; rational basis suffices for reasonable limitations)
- Arnold v. Cleveland, 67 Ohio St.3d 35 (1993) (limits on bearing arms permissible under police power)
- McDonald v. City of Chicago, 561 U.S. _ (2010) (Second Amendment right is fundamental)
- Dist. of Columbia v. Heller, 554 U.S. 570 (2008) (recognizes fundamental right to bear arms; not unlimited)
- State v. King, 2011-Ohio-3417 (2d Dist. Montgomery) (R.C. 2923.16(B) reasonable regulation; not an absolute ban)
- State v. Brown, 168 Ohio App.3d 314 (2006-Ohio-4174) (policy-law safety rationale for firearm transport limits)
- State v. Nieto, 101 Ohio St. 409 (1920) (early rationalized regulation of firearm transport)
- King, Wait—duplicate entry for King included above as its own citation () ()