Author Topic: Ohio Supreme Court ruling threatens right to bear arms in own home  (Read 773 times)

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Offline mountaineer

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Ohio Supreme Court ruling threatens right to bear arms in own home
by Chad D. Baus
7:00am Tuesday, December 29, 2020

In a 4-3 ruling, the Ohio Supreme Court voted to uphold the conviction of a Clermont County man for holding a shotgun in his home while intoxicated.

The case is State v. Weber, which as has been noted on our site, "involves a situation where despite the defendant’s wife telling police there was no longer a problem, they pressed their way in. There they found her admittedly inebriated but nonthreatening husband who, while he did have a shotgun, told police it was not loaded, which they proved for themselves."  ...

When the Twelfth District Court of Appeals court upheld his conviction, it ruled as follows:   
Quote
Furthermore, R.C.2923.15 does not, as suggested by appellant, criminalize the mere presence of a firearm in the home of an intoxicated person. Nor does the statute, as suggested by appellant, prohibit a person from carrying or using a firearm after consuming alcoholic beverages. Rather, the statute only prohibits the use or carrying of a firearm by a person who has imbibed to the point of intoxication.

Mr. Weber appealed to the Ohio Supreme Court, and that body has now narrowly ruled against him as well.  ...[/quote]Buckeye Firearms

Online Elderberry

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Re: Ohio Supreme Court ruling threatens right to bear arms in own home
« Reply #1 on: January 05, 2021, 05:32:04 pm »
There's always trouble when the police are involved.

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https://www.supremecourt.ohio.gov/rod/docs/PDF/12/2019/2019-Ohio-916.pdf

State v. Weber,

Around 4:00 a.m. on February 17, 2018, a deputy and a sergeant from the Clermont County Sheriff's Office were dispatched to appellant's home following the 9-1-1 call of his wife reporting that appellant was in possession of a firearm and intoxicated.  When the officers arrived at the scene, appellant's wife advised them that everything was alright as appellant had put the firearm away.  The deputy asked her if they could enter the home and she escorted them inside.  Once inside, the officers observed appellant coming out of a doorway, holding a shotgun by the stock with the barrel pointed down.  Appellant told the officers that the shotgun was unloaded and that he was unloading it to wipe it down.  The officers took possession of the shotgun and confirmed it was unloaded.  The officers did not observe any ammunition for the shotgun.

Offline Wingnut

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Re: Ohio Supreme Court ruling threatens right to bear arms in own home
« Reply #2 on: January 05, 2021, 05:35:25 pm »
There's always trouble when the police are involved.

I have never seen a situation so dismal that a policeman couldn't make it worse.
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Offline Smokin Joe

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Re: Ohio Supreme Court ruling threatens right to bear arms in own home
« Reply #3 on: January 06, 2021, 09:46:17 am »
I have never seen a situation so dismal that a policeman couldn't make it worse.
Yep. Handle your own stuff whenever possible, and avoid people who can't.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

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