• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

RC § 2923.15 is unconstitutional

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,925
Location
Cincinnati, Ohio, USA
RC § 2923.15 is unconstitutional per Heller and Bruen.

Section 2923.15 says:
“(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.”
 

Attachments

  • 2923.15.pdf
    157 KB · Views: 6

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,925
Location
Cincinnati, Ohio, USA
Apparently the Second Amendment Foundation agrees with me.

"The Second Amendment Foundation has filed an amicus brief in a case which could upend prohibitions on firearms possession by people using intoxicants or controlled substances because such laws violate the right to keep and bear arms."


It is worth the read.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,925
Location
Cincinnati, Ohio, USA
Apparently the Second Amendment Foundation agrees with me.

"The Second Amendment Foundation has filed an amicus brief in a case which could upend prohibitions on firearms possession by people using intoxicants or controlled substances because such laws violate the right to keep and bear arms."


It is worth the read.
Well here you go. The 5th Circuit Court of Appeals Agree that Guns and Drugs/Alcohol do mix.
 

Brian D.

Regular Member
Joined
Jul 27, 2007
Messages
937
Location
Cincy area, Ohio, USA
Nothing better than a 41 page court document replete with footnotes to share here for some light reading! (Yes that was a sarcastic response to your post, color of law.)

Does this even matter unless/until the U.S. Supreme Court gets hold of the ruling and decides whether or not to weigh in?
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,925
Location
Cincinnati, Ohio, USA
Sarcastic or not, the actual holding and opinion was only 29 pages; short compared to Heller (63 pages), McDonald (44 pages) and Bruen (62 pages).

But one of two things can happen, a Writs of Certiorari is filed and accepted of denied, or the DOJ leaves well alone. If left alone it becomes a blueprint should someone else be charged. As it stands, that 5th circuit ruling only applies to the Defendant—Appellant Patrick Daniels.

Of course this is the only forum that you will find any analyses of court cases that may apply to Ohio.
 
Top