State v. Barber

Citations

• 2025 Ohio 1193

Syllabus

CRIMINAL — CONSTITUTIONAL LAW/CRIMINAL — SECOND AMENDMENT — CARRYING CONCEALED WEAPONS — IMPROPER HANDLING OF FIREARMS IN A MOTOR VEHICLE — JUVENILE ADJUDICATION —WAIVER: The trial court erred in denying defendant's motion to dismiss his charges for carrying concealed weapons in violation of R.C. 2923.12(A)(2) and improper handling of firearms in a motor vehicle under R.C. 2923.16(B) where the State failed to carry its burden under the Second Amendment to show that the charges were consistent with the nation's historical tradition of firearm regulations, where the State does not impose restrictions on defendant's ability to possess a concealed weapon for comparable reasons as historical analogues, and defendant's juvenile adjudication for a nonviolent weapons charge failed to support a presumption that defendant was dangerous and subject to disarmament, and the juvenile adjudication was the sole reason the State argued to justify limiting defendant's ability to carry a concealed weapon and to have a weapon accessible to him while in a motor vehicle. The trial court did not commit plain error in denying defendant's motion to dismiss a carrying-concealed weapons charge, for which the State charged defendant while under indictment for defendant's first weapons-related charges, as defendant failed to assert at the trial level that Ohio's limiting his ability to carry a concealed weapon based on his being under indictment for a felony violated the Second Amendment. [But see DISSENT: Rather than addressing the cause on the merits for the first time, the cause should be remanded for the trial court to analyze whether the challenged statutes are constitutional by applying the test set forth in New York State Rifle & Pistol Assn. v. Bruen, 597 U.S. 1 (2022) and United States v. Rahimi, 602 U.S. 680 (2024).]