State v. Riffee

Citations

• 2025 Ohio 4886

Syllabus

CRIMINAL LAW/CONSTITUTIONAL — SECOND AMENDMENT — R.C. 2923.15 – HANDLING FIREARM WHILE INTOXICATED — DANGEROUSNESS — ARTICLE 1, § 4 OHIO CONSTITUTION — REASONABLE REGULATION — MOTION TO DISMISS: The trial court erred by granting defendant's motion to dismiss the charge of handling a weapon while intoxicated in violation of R.C. 2923.15 where that statute did not violate the Second Amendment: R.C. 2923.15 is sufficiently similar to our Nation's history and traditions of firearm regulation. The trial court erred by granting defendant's motion to dismiss the charge of handling a weapon while intoxicated in violation of R.C. 2923.15 where that statute did not violate the Ohio Constitution: limiting an intoxicated person's use of a firearm is a reasonable regulation substantially related to the safety of the public. [See CONCURRENCE: In certain cases, a general \dangerousness\ analysis could be used to more efficiently assess the constitutionality of a challenged firearm regulation.]