Ohio Supreme Court ruling threatens right to bear arms in own homeby 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:
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]
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