State v. Shover, 8 N.E.3d 358

Defendant Sean Shover challenges his conviction for improperly handling a firearm in a motor vehicle under R.C. 2923.16(B).
On remand from State v. Shover, 2012-Ohio-3788, the trial court held Second Amendment protection extends to carrying in a motor vehicle and applied intermediate scrutiny.
The trial court reinstated the judgment after finding R.C. 2923.16(B) constitutional under intermediate scrutiny.
Shover argues the conviction is invalid under the law-of-the-case and that the trial court should have retried him.
The Court of Appeals agrees to some extent, reversing in part, sustaining forthcoming financial-notice issues, and remanding for proper imposition of costs and related remedies.
The court also sustains other assigned errors, including improper cost and fine procedures, and notes potential plain-error issues with jury instructions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Second Amendment applicability to R.C. 2923.16(B)?	Shover contends the right extends to vehicles and bans or restricts is unconstitutional.	State argues vehicle carrying falls within regulatory framework with intermediate scrutiny.
Intermediate scrutiny applicable; statute constitutional.
Law-of-the-case/limited remand effect on conviction?	Shover asserts revival of conviction requires new trial.	State contends remand was limited to doctrinal questions and did not require retrial.	Trial court properly reinstated conviction on remand; no new trial required.
Jury instruction on necessity defense?	Shover sought an instruction on necessity.	No error in omitting necessity given the post-conviction procedural posture and misapplication to concealed-weapons charge.	No plain error; instruction not required given record.
Court costs and fines; compliance with R.C. 2947.23 and 2929.19(B)?	Failure to notify about community service and credit; improper imposition of costs/fines without ability-to-pay considerations.	Costs were properly imposed; any error is non-precedential or rectifiable on remand.	Fourth and sixth assignments sustained; remand for proper imposition and consideration of ability to pay.

District of Columbia v. Heller, 554 U.S. 570 (U.S. (2008)) (establishes individual right to keep and bear arms; rights are not unlimited)
McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. (2010)) (Second Amendment applies to the states)
U.S. v. Masciandaro, 638 F.3d 458 (4th Cir. 2011) (awaited direction on outer limits of Second Amendment outside home; applied cautious framework)
Klein v. Leis, 99 Ohio St.3d 537 (Ohio 2003) (upheld constitutionality of concealed carry-related provisions; relevance to scrutiny)
Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (right to bear arms outside the home; supports extension beyond home)