State v. Griffin

Citations

• 155 N.E.3d 1028
• 2020 Ohio 3707

Syllabus

MENS REA – FIREARM – FORFEITURE – STANDING – WAIVER: The appropriate mens rea for achieving a conviction for improperly handling a firearm in a motor vehicle under R.C. 2923.16(E)(1) is strict liability the General Assembly specified a mens rea in R.C. 2923.16(E)(3)-(5), but not in R.C. 2923.16(E)(1)-(2), thereby plainly indicating an intent to impose strict liability for violations of R.C. 2923.16(E)(1). Defendant's conviction for violating R.C. 2923.16(E)(1) by failing to \promptly inform\ the police officer of his status as a concealed handgun licensee and the presence of two handguns in the vehicle was based upon sufficient evidence and was not against the manifest weight of the evidence where defendant failed to make the notification as soon as possible and without delay and with reasonable speed. The trial court did not err in holding that defendant was not entitled to a reduced sentence under R.C. 2923.16(I) where defendant failed to prove that an officer involved in the traffic stop of his vehicle had actual knowledge of his status as a concealed handgun licensee. The trial court erred in ordering the criminal forfeiture of defendant's Springfield handgun where the state failed to comply with the requirements of R.C. 2981.04. Defendant lacked standing to challenge the forfeiture of the Kel-Tek handgun where he denied ownership of the Kel-Tek during his testimony at trial. Where defendant failed to raise the issue of the constitutionality of R.C. 2923.16(E)(1) in the trial court, he waived the issue for purposes of appeal.