State v. Shover
2012 Ohio 3788
Ohio Ct. App.2012Background
- Shover and his father drove to Akron with a loaded gun for protection after learning Shover’s brother owed a man money and the man had a gun.
- Police surrounded the vehicle responding to a kidnapping report; the gun was seen between the seats after exits, leading to arrests.
- Jury convicted Shover of improper handling of a firearm in a motor vehicle, acquitted him of resisting arrest, and could not reach a verdict on carrying a concealed weapon (dismissed at State’s request).
- Trial court sentenced Shover to 18 months of community control and a $500 fine plus costs.
- Shover appealed raising multiple errors, including a federal Second Amendment challenge to R.C. 2923.16(B), with the trial court having denied the motion to dismiss.
- Court remands to determine whether the Second Amendment applies and, if so, the proper level of scrutiny to R.C. 2923.16(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment challenge to R.C. 2923.16(B) | Shover argues the statute violates federal Second Amendment rights. | State argues Ohio law is consistent with state interests and lawful regulation. | Remanded for scrutiny determination; district requires heightened scrutiny under Heller/McDonald. |
| Denial of jury instruction on necessity defense | Shover should have had a necessity defense instruction. | State contends no entitlement to such instruction. | Not resolved here; issue remains part of potential remand considerations. |
| Judicial costs under R.C. 2947.23(A) | Court costs assessment violated statutory requirements. | State asserts proper imposition under statute. | Remains potentially moot pending remand on constitutional issue. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (establishes heightened scrutiny for Second Amendment challenges and non-exhaustive list of presumptively lawful regulations)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (Second Amendment rights apply to the states via the Fourteenth Amendment)
- Arnold v. Cleveland, 67 Ohio St.3d 35 (Ohio 1993) (Ohio gun-control statutes tested under Article I, Section 4 (reasonableness))
- Klein v. Leis, 99 Ohio St.3d 537 (Ohio 2003) (discusses level of scrutiny under Ohio Constitution for gun laws)
- State v. Henderson, 2012-Ohio-1268 (Ohio-2012) (post-Heller scrutiny considerations in Ohio courts)