State v. Barrow

Citations

• 2026 Ohio 811

Syllabus

MOTION TO DISMISS — CHILD ENDANGERMENT — CINCINNATI MUN.CODE 915-3 — R.C. 9.68 — FIREARM: The trial court erred in granting defendant's motions to dismiss three charges of child endangerment in violation of Cincinnati Mun.Code 915-3 where the dismissals were based on the trial court's erroneous determination that that this provision was preempted by R.C. 9.68. Following this court's opinion in State v. West, 2024-Ohio-1951 (1st Dist.), the State may continue to charge offenders under Cincinnati Mun.Code 915-3, and where the charges relate to the offender's storage of firearms, the trier of fact must decide, based on the individual facts of each case, whether the offender's storage of the firearm created a substantial risk to the health or safety of the child. [But see DISSENT: The trial court did not err in dismissing the complaints where the complaints charged a violation of Cincinnati Mun.Code 915-3(b), which was nullified in State v. West, 2024-Ohio-1951 (1st Dist.), because it redefined the element of substantial risk to include the negligent storage of firearms.]