FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Friday, January 3, 2025

CAPTION: STATE V. BROWN

APPEAL NO.: C-240230 

TRIAL NO.: B-2306014

KEY WORDS: CONSTITUTIONAL/CRIMINAL — WEAPONS UNDER A DISABILITY — ROBBERY INDICTMENT — R.C. 2923.13 – SECOND AMENDMENT – FOURTEENTH AMENDMENT – DANGEROUSNESS 

SUMMARY: 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).]

JUDGMENT: AFFIRMED 

JUDGES: OPINION by BERGERON, J.; KINSLEY, J., CONCURS and ZAYAS, P.J., DISSENTS.