Misdemeanor under Disability?

This area is for discussions that do not fit into the formal firearms discussions of the website. Common sense and non-controversial contributions are expected. Certain topics are forbidden. See the forum rules for more details.

Moderators: Coordinators, Moderators

Misdemeanor under Disability?

Postby GlockMan27 » Fri Jul 13, 2018 5:22 pm

Judge ruled ban on bump stocks unconstitutional so that was certainly a win for Columbus. But I'm a bit confused about what he did rule constitutional, making firearm possession under disability a misdemeanor. Zach Klein stated, "This decision is a huge win for common-sense gun regulations...", but isn't this already a felony? What did he win? Trying to reduce the penalty all to keep Columbus safer?
GlockMan27
 
Posts: 437
Joined: Sun Aug 17, 2008 11:06 am
Location: Newark

Re: Misdemeanor under Disability?

Postby JustaShooter » Fri Jul 13, 2018 6:36 pm

GlockMan27 wrote:But I'm a bit confused about what he did rule constitutional, making firearm possession under disability a misdemeanor. Zach Klein stated, "This decision is a huge win for common-sense gun regulations...", but isn't this already a felony?

Yup.

GlockMan27 wrote:What did he win? Trying to reduce the penalty all to keep Columbus safer?

LOL pretty much - all it allows them to do is charge the violator under the City ordinance and thus keep the fine, etc.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4595
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Misdemeanor under Disability?

Postby cashman966 » Fri Jul 13, 2018 10:04 pm

I thought the Columbus code was written to put a person convicted of a misdemeanor DV under disability. Current State law requires a felony DV for disability.

I think the judge erred in in his opinion, I agree that this part of the City code is not in conflict with 9.58 but only because federal law puts a disability in place on misdemeanor DV. The Judge says it isn't in conflict with with 9.68 because the ORC does not address the issue. But that silence is covered under 9.68 when it states

Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.


If there were no federal disability, a misdemeanor DV disability would be a further restriction not allowed under 9.68 because it is not IN the ORC. The exact reason it is a further restriction is because the ORC is silent on the issue. But since it is not a further restriction under Federal law it is not in conflict with 9.68.

Using the Judge's logic, since the ORC does not address gun registration a municipal code requiring it would not be in conflict.

In regards to Columbus Codified Ordinance §2323.13(A)(3), the Court must side with Columbus. R.C. 2923.13(A)(2) only prohibits people convicted of a felony crime of violence from owning a firearm. It does not address misdemeanor crimes of violence. Since this is so, Columbus Codified Ordinance §2323.13(A)(3) does not forbid something that R.C. 2923.13(A)(2) allows or allow something that R.C. 2923.13(A)(2) forbids. Since this is so, Columbus Codified Ordinance §2323.13(A)(3) does not conflict with R.C. 2923.13(A)(2). Furthermore, the Court finds that Columbus Codified Ordinance §2323.13, as a whole, does not conflict with either R.C. 2923.13 nor R.C. 9.68.
Ignorant or Stupid, I'm not sure which is worse. If someone were stupid, at least they'd have an excuse for all the dumb things they say.

Pass the Peace Pipe I need another hit

IANAL and neither are most people on this board, its just shows more with some than others.
User avatar
cashman966
OFCC Patron Member
OFCC Patron Member
 
Posts: 3416
Joined: Wed May 10, 2006 9:52 pm
Location: Delaware, Ohio


Return to Jeff Kirchner's Korner

Who is online

Users browsing this forum: No registered users and 6 guests