Marsy’s Law Allows Victim to Challenge Order Granting Former Spouse’s Gun Rights

Marsy’s Law Allows Victim to Challenge Order Granting Former Spouse’s Gun Rights

A Warren County judge wrongfully restored the gun possession rights of a man convicted of misdemeanor domestic violence, the Ohio Supreme Court ruled today. The Supreme Court ruled the victim, the man’s ex-wife, could invoke Marsy’s Law to block the judge’s ruling. In a 4-3 decision, the Court ruled that Warren County Common Pleas Court Judge Robert Peeler was not authorized by state law to grant Roy Ewing’s petition for relief from his federal firearms restriction. Jamie Suwalski, Ewing’s ex-wife and victim of Ewing’s domestic violence offense, contested Judge Peeler’s decision by seeking a writ of prohibition from the Twelfth District Court of Appeals. Ewing appealed the Twelfth District’s decision in favor of Suwalski to the Supreme Court. Judge Peeler did not appeal the decision or participate in the case. Writing for the Court majority , Chief Justice Maureen O’Connor wrote that under Marsy’s Law and the specific circumstances of this case “a writ of prohibition was the appropriate way” to address the matter. Justices Michael P. Donnelly, Melody J. Stewart, and Jennifer Brunner joined the chief justice’s opinion. In a dissenting opinion , Justice Sharon L. Kennedy wrote that Marsy’s Law did not provide Suwalski the right to challenge Judge Peeler’s orders. The dissent also stated that Suwalski had an adequate remedy to intervene in the trial court’s action on her ex-husband’s petition request. Justices Patrick F. Fischer and R. Patrick DeWine joined Justice Kennedy’s opinion. Relief from Federal Firearms Disability Sought In April 2017, Ewing was convicted […]

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