OHIO man claims law banning use of firearms while intoxicated is unconstitutional

It all started almost exactly 2 years ago to the day in Clermont County, when the wife of Frederick Weber called 911, because her husband was drunk and had a firearm.

  • Police arrive and Weber’s wife says never mind because he had put the gun away.
  • The wife allowed the cops in, and Weber came out holding a shotgun.
  • Weber was holding the shotgun by the stock with the barrel pointed down.
  • Weber complies with the officers order to “drop” the gun.
  • Weber tells officers that the gun is not loaded, which the officers confirm.
  • Weber is arrested after failing a field sobriety test, stinking of alcohol, slurring and being unsteady.

Weber was found guilty of carrying a firearm while intoxicated, a misdemeanor, and sentenced to one year of community control and a 10-day jail sentence that was suspended, according to court records.

  • He appealed to a court of appeals and lost.
  • He is now appealing to  the Ohio Supreme Court. They will consider the case next week.
  • Two years before the incident, Weber was found guilty of driving under the influence.
  • Weber’s wife says Weber is an alcoholic and needs help

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.

Cincinnati.com

The Clermont County prosecutor contends that the Ohio law doesn’t prohibit the possession of firearms when drunk. It instead bars carrying or using firearms while intoxicated. Noting that Weber’s wife felt compelled to call 911, the prosecutor states that the dangers to others are the same regardless of whether someone is drunk and handling a firearm inside or outside the home. The prosecutor maintains that the law is narrowly tailored, rather than a complete ban, and doesn’t infringe on the U.S. or Ohio constitutional rights to bear arms.

Court News Ohio

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