SCOTUS asked to take up State v. Weber, Ohio case with Second Amendment implications

SCOTUS asked to take up State v. Weber, Ohio case with Second Amendment implications

A man whose conviction for holding an unloaded shotgun in his home while drunk was upheld by the Ohio Supreme Court is taking his case to the Supreme Court of the United States (SCOTUS). The case is State v. Weber , which as has been noted on our site , "involves a situation where despite the defendant’s wife telling police there was no longer a problem, they pressed their way in. There they found her admittedly inebriated but nonthreatening husband who, while he did have a shotgun, told police it was not loaded, which they proved for themselves." Weber was charged with violating R.C. 2923.15(A), which states: “No person, while under the influence of alcohol or drugs of abuse, shall carry or use any firearm or dangerous ordnance.” After a bench trial, Weber was found guilty and sentenced to 10 days in jail with all 10 days suspended. He also was placed on community control for one year, ordered to complete eight hours of community service, and fined $100. When the Twelfth District Court of Appeals court upheld his conviction, it ruled as follows: Furthermore, R.C.2923.15 does not, as suggested by appellant, criminalize the mere presence of a firearm in the home of an intoxicated person. Nor does the statute, as suggested by appellant, prohibit a person from carrying or using a firearm after consuming alcoholic beverages. Rather, the statute only prohibits the use or carrying of a firearm by a person who has imbibed to the point of […]

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