No real analysis of why he applied strict scrutiny, and therefore maybe not very useful to other litigants in Ohio. He just kind of threw everything out there with no reasoning or analysis. Too bad.
Strict Scrutiny Applied in Ohio Drug Misdemeanor Case
The Second Amendment and People with Nonviolent Drug Misdemeanor Convictions
From Volokh.com:
Tomas had been “convicted in 1991 of Attempted Trafficking of Marijuana, a first-degree misdemeanor.†The court applied strict scrutiny, and concluded:
From Volokh.com:
Tomas had been “convicted in 1991 of Attempted Trafficking of Marijuana, a first-degree misdemeanor.†The court applied strict scrutiny, and concluded:
[T]he State has no compelling interest in prohibiting this particular defendant from possessing firearms in his place of business and home.... The evidence established that Defendant makes his home and runs his business in a dangerous violent neighborhood and to protect himself and his family [who lived on the premises of the business â€"EV] from the inherent violence, he keeps guns on the premises.
This Court therefore narrowly holds that R.C. §2923.13 is unconstitutional when a defendant with no felony convictions, possesses firearms in his home or business, for the limited purpose of self-defense.
1 - 3 of 3 Posts
And, it's only a state law claim. No relation to the Heller/McDonald line of cases.
1 - 3 of 3 Posts
- This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Georgia Firearm Forums - Georgia Packing
A forum community dedicated to Georgia firearm owners and enthusiasts. Come join the discussion about optics, hunting, gunsmithing, styles, reviews, accessories, classifieds, and more!
Full Forum Listing
Explore Our Forums
Top Contributors this Month
View All
Nemo
405 Replies
Malum Prohibitum
334 Replies
seajay
136 Replies
Recommended Communities
