State v. Baxter

Citations

• 2025 Ohio 5722

Syllabus

SECOND AMENDMENT — CARRYING CONCEALED WEAPONS —IMPROPER HANDLING: The trial court erred when it granted 18-year-old defendant's motion to dismiss a charge of unlawfully carrying concealed weapons: in State v. Reed, 2025-Ohio-4708 (1st Dist.), this court held that the State may prosecute unqualified adults for carrying concealed weapons. The trial court erred when it dismissed the charge for improper handling of firearms in a motor vehicle: in State v. Hall, 2025-Ohio-1644 (1st Dist.), this court held that the State has a lawful interest in regulating concealed weapons, and in State v. Stonewall, 2025-Ohio-4974 (1st Dist.), this court held that the statute prohibiting defendant from carrying a concealed weapon in a vehicle until he reaches the age of 21 is consistent with the Nation's historical tradition of restricting the rights of those deemed unable to responsibly carry firearms. [See CONCURRENCE: Pursuant to our Nation's history and tradition, the state may regulate the manner in which individuals may carry firearms, but any age-based restrictions must be tied to the age of majority.] [But see DISSENT: Dismissal of the charges was appropriate because the 18-year-old defendant's conduct would not have been criminal if he had been 21. See State v. Reed, 2025-Ohio-4708, ¶ 48 (1st Dist.) (Bock, J. concurring in part and dissenting in part), and State v. Barber, 2025-Ohio-1193, ¶ 64-79 (1st Dist.).