State v. Philpotts

Citations

• 2025 Ohio 1179

Syllabus

Having weapons while under disability; facially unconstitutional; Second Amendment to the United States Constitution; right to keep and bear arms; temporarily disarm a person who is under indictment for a violent felony. The trial court's finding that a portion of R.C. 2923.13(A)(2), which governs having weapons while under disability, is unconstitutional on its face under the Second Amendment is affirmed. The offending provision of the statute prohibits people who are under indictment for violent felonies — rather than having been convicted of violent felonies — from possessing a firearm. Under the United States Supreme Court's recent jurisprudence concerning the right to keep and bear arms pursuant to the Second Amendment, this provision of R.C. 2923.13(A)(2) does not pass constitutional muster because it has no \historical analogue\ in this Nation's tradition of firearm regulation.