Ohio man says law banning use of firearm when drunk is unconstitutional [View all]

[Ohiogal]

An Ohio law that bans carrying or using a firearm while intoxicated may be unconstitutional, according to a Clermont County man convicted for violating the statute.

Frederick Weber, 50, of Felicity, approximately 35 miles southeast of Cincinnati, is appealing the law’s constitutionality to the Ohio Supreme Court next week. He says the law violates his Second Amendment rights.

Weber’s wife called 911 on Feb. 17, 2018, saying he was drunk and had a firearm, according to police records. She then requested a cancel on the call and advised that Weber put the firearm away.

Police arrived and asked to be escorted inside, records state. They saw Weber holding a shotgun by the stock with the barrel pointed down.

An officer immediately gave Weber orders to drop the firearm and he complied, according to police records.

“It’s not loaded,” Weber said.

(snip)

According to the release, Weber argues that the state has no compelling interest to prevent the possession of firearms in the home after someone consumes alcohol. He says the law violated his constitutional right to bear arms in his home, and stressed that the shotgun was unloaded and he wasn’t carrying or using it when police arrived the day his wife called 911.

The city of Cincinnati has submitted an amicus brief in support of upholding the law, pointing out the dangers of mixing alcohol and guns. The release states two national centers that work to prevent gun violence and the cities of Akron, Columbus, Dayton, Lima and Toledo have also filed briefs requesting the law be upheld.

The Clermont County prosecutor also stresses the dangers of mixing alcohol and guns, and says the dangers are the same regardless of whether someone is drunk and handling a firearm inside or outside their home. The release states the law doesn’t prohibit the possession of firearms when drunk, but instead bars carrying or using firearms while intoxicated.

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https://www.dispatch.com/news/20200220/is-handling-gun-when-drunk-constitutional-right-ohio-man-challenges-state-law-banning-firearm-use-while-intoxicated