Zakel v. State, 2022 Ohio 4637

In 2000 Joseph C. Zakel was convicted of domestic violence (first-degree misdemeanor).
That conviction creates a federal firearms disability under 18 U.S.C. § 922(g)(9).
Zakel filed an application in Cuyahoga C.P. Court (R.C. 2923.14) on July 8, 2021 seeking relief from the weapons disability.
The trial court denied the application (Mar. 9, 2022), concluding it lacked statutory authority to relieve a federal firearms disability and relied on State ex rel. Suwalski v. Peeler.
Zakel appealed, arguing Suwalski was wrongly decided and the court should have authority to grant relief.
The appellate court reviewed whether the trial court erred as a matter of law and, bound by Ohio Supreme Court precedent, affirmed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a Ohio common pleas court has statutory authority to grant relief from a federal firearms disability arising from a misdemeanor domestic-violence conviction	Zakel: trial court should be able to grant relief under R.C. 2923.14 despite federal disability; Suwalski is wrongly decided	State: Ohio does not impose a state firearms disability for that misdemeanor, so the trial court lacks authority to relieve a federal disability; Suwalski controls	Court: No authority; Suwalski applies and trial court correctly denied relief
Whether this appellate court can overrule or refuse to follow Suwalski	Zakel: asks appellate court to overturn Suwalski as wrongly decided	State: Appellate court is bound by Ohio Supreme Court precedent and cannot overrule it	Court: Appellate court cannot overturn Ohio Supreme Court; bound by Suwalski and affirms trial court

State ex rel. Suwalski v. Peeler, 188 N.E.3d 1048 (Ohio 2021) (Ohio Supreme Court: common pleas court lacks authority to lift a federal firearms disability resulting from a misdemeanor domestic-violence conviction; Marsy’s Law standing discussion)
Johnson v. Abdullah, 187 N.E.3d 463 (Ohio 2021) (Ohio Supreme Court: courts lack discretion to make errors of law)