State v. Lyle

Citations

• 2020 Ohio 4683

Syllabus

FIREARM – CARRYING A CONCEALED WEAPON – R.C. 2923.12(B) – CONCEALED HANDGUN LICENSE – LAW ENFORCEMENT PURPOSE: Defendant's conviction for carrying a concealed weapon in violation of R.C. 2923.12(B)(1) was based upon insufficient evidence where the initial encounter between the law enforcement officers and defendant was consensual, and the conduct of the officers did not indicate to defendant that the consensual nature of the encounter had evolved into a stop for a law enforcement purpose until after defendant had informed the officers that there was a firearm in the vehicle and that he possessed a concealed handgun license. [But see DISSENT: Defendant's conviction was based upon sufficient evidence where defendant was stopped for a law enforcement purpose when an officer investigating a shooting in the area rapped on the window of the vehicle in which defendant was a passenger and began asking questions about the shooting and defendant failed to promptly inform the officer that defendant had been issued a concealed handgun license and that he was carrying a concealed handgun in the car.]