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Strict Scrutiny Applied in Ohio Drug Misdemeanor Case

377 Views 2 Replies 3 Participants Last post by  kkennett
The Second Amendment and People with Nonviolent Drug Misdemeanor Convictions
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.
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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.
And, it's only a state law claim. No relation to the Heller/McDonald line of cases.
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