RC § 2923.15 is unconstitutional

[color of law]

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.”

 

[color of law]

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."

https://www.saf.org/wp-content/uploads/2023/07/stamped-amicus.pdf

It is worth the read.

 

[KBCraig]

It's excellent that the effective 2A orgs are going in against the war on drugs.

 

[color of law]

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."

https://www.saf.org/wp-content/uploads/2023/07/stamped-amicus.pdf

It is worth the read.

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

https://www.ca5.uscourts.gov/opinions/pub/22/22-60596-CR0.pdf

 

[Brian D.]

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]

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.

 

[color of law]

SAF SUES U.S. AG, HEADS OF ATF, FBI OVER MEDICAL MARIJUANA 2A BAN

https://saf.org/wp-content/uploads/2024/01/Greene-v.-Garland-Complaint.pdf

 

[color of law]

And let's not forget Robert Hunter Biden.

https://www.justice.gov/d9/2023-09/23-cr-00061%20%28Indictment%29.pdf

And here is the actual motion to dismiss.

https://storage.courtlistener.com/recap/gov.uscourts.ded.82797/gov.uscourts.ded.82797.61.0_1.pdf