State v. White, 2017 Ohio 8337

Defendant Demetrius White, a former Domino’s delivery driver, was charged with one count of improperly handling/transporting a firearm in a motor vehicle under R.C. 2923.16(B) after police stopped his car for a faulty license-plate light and found an AR-style .22 rifle on the front seat and a loaded magazine on the floorboard.
White waived jury trial, initially proceeded pro se at times, then had counsel for bench trial; the court accepted stipulations that White had no concealed-carry license and was not otherwise prohibited from owning firearms.
Officers testified they observed furtive reaching, removed the rifle from the front passenger area, found a loaded magazine within arm’s reach, and Mirandized White after determining a violation of law.
White testified he had been robbed while delivering pizzas weeks earlier, purchased the rifle for self-defense because he could not obtain a handgun license, and believed separating the rifle from the magazine made its carriage lawful.
The trial court convicted White; he received community control. On appeal he argued (1) insufficient evidence that he ‘‘knowingly’’ transported a loaded, accessible firearm, and (2) that the affirmative self-defense/business affirmative defense (R.C. 2923.12(D)(1)) applied and the verdict was against the manifest weight of the evidence.

Issue	Plaintiff's Argument (State)	Defendant's Argument (White)	Held
Whether evidence was sufficient to prove White "knowingly" transported a loaded firearm accessible without leaving the vehicle	Officer testimony and physical evidence showed rifle in front seat and loaded magazine within reach; White admitted possession	White argued he believed separating rifle and magazine made it unloaded/unlawful-transport inapplicable; he researched legality and lacked culpable mens rea	Court held evidence sufficient; White’s subjective belief did not negate knowledge element
Whether R.C. 2923.12(D)(1) affirmative defense (carrying for defensive purposes while engaged in a risky occupation) applied	State argued timing and location evidence supported that rifle was placed in reach after shift ended, undercutting defensive-purpose claim	White argued pizza delivery is a dangerous occupation and he kept rifle for defensive purposes while going to/from work	Court held conflicting testimony existed; reasonable factfinder could disbelieve White on timing, so affirmative defense not proved; verdict not against manifest weight

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for reviewing sufficiency and manifest-weight claims)
State v. Dennis, 79 Ohio St.3d 421 (1997) (sufficiency review—rational trier of fact standard)
Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (definition and review of manifest-weight of the evidence)
State v. Pinkney, 36 Ohio St.3d 190 (1988) (ignorance of law does not negate mens rea for "knowingly")
State v. Martin, 20 Ohio App.3d 172 (1983) (manifest-miscarriage-of-justice standard for reversing convictions)