State v. Brown

Citations

• 2025 Ohio 8

Syllabus

CONSTITUTIONAL/CRIMINAL — WEAPONS UNDER A DISABILITY — ROBBERY INDICTMENT — R.C. 2923.13 – SECOND AMENDMENT – FOURTEENTH AMENDMENT – DANGEROUSNESS: Defendant's weapons-under-a-disability charge was properly dismissed for being unconstitutional as applied to him because (1) the State failed to provide evidence that disarming an indictee under R.C. 2923.13(A)(2) is consistent with the Nation's history and tradition of firearm regulation and (2) there was no finding of his dangerousness by the trial court. [But see DISSENT: The cause should be remanded to the trial court for further consideration in light of, and consistent with, United States v. Rahimi, 602 U.S. 680 (2024).]