Ohio Supreme Court rules crime victim rights trump gun rights in Warren County case

Ohio Supreme Court rules crime victim rights trump gun rights in Warren County case

The Ohio Supreme Court ruled Thursday a Warren County judge should not have restored the gun rights of a man convicted of misdemeanor domestic violence and the man’s ex-wife could use Marsy’s Law to block the judge’s ruling. Marsy’s Law is a constitutional amendment that provides for crime victims’ rights approved by voters in 2017. Warren County Common Pleas Court Judge Robert Peeler had granted Roy Ewing’s request for relief from his federal firearms restriction. Ewing’s ex-wife, Jamie Suwalski, unsuccessfully contested Peeler’s decision in the 12th District Court of Appeals so she took it to the Ohio Supreme Court. The high court decided in a 4-3 opinion that under Marsy’s Law, Suwalski had a right to seek an order to block Ewing from possessing guns. In January 2017, Ewing turned over 13 guns to the Clearcreek Township Police when he was charged with misdemeanor domestic violence.Because Ewing was convicted of domestic violence and violating a protective order, both misdemeanors stemming from assaulting Suwalski, he was prohibited under federal law of owning, possessing or transporting firearms. But the federal law allows for four circumstances where the restrictions don’t apply, including if someone has been pardoned or had their civil rights restored under state law. The supreme court’s majority opinion, written by Chief Justice Maureen O’Connor, said Ewing never lost his civil rights under state law. More: Can a spreadsheet improve fairness and justice in sentencing in Ohio courts? Some judges say yes The opinion cited two rights under Marsy’s Law […]

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