Ohio Second District Court of Appeals Reverses Montgomery County Common Pleas Court Decision Affirming Denial, Finding the Trial Court Abused Its Discretion as the Appellant’s Conviction, Being a Minor Misdemeanor Offense at the Time of His Application, Is Not to Be Considered In Connection With That Application.
Wright & Schulte LLC, an Ohio law firm dedicated to protecting the rights of citizens to keep and bear arms, is pleased to announce that the Ohio Second District Court of Appeals has ruled in favor of its client, a Montgomery County Man who was denied his application for a concealed carry license. The Appellant was represented by Erik R. Blaine, an attorney with the firm who focuses in Second Amendment Rights.
According to court documents, the Appellant was stopped for speeding in 2004 while driving in Franklin, Ohio. He was cited for Speeding, in violation of Section 333.03 of the Franklin Municipal Code and charged with Drug Abuse, a minor misdemeanor, in violation of Section 513.03 of the Franklin Municipal Code, and Possession of Drug Paraphernalia, in violation of R.C. 2925.14, a misdemeanor of the fourth degree. The minor misdemeanor charge for Drug Abuse was dismissed, and he pled no contest to, and was found guilty of, Possession of Drug Paraphernalia.
In 2014, the Appellant applied to the Montgomery County Sheriff for a License to Carry a Concealed Weapon. A criminal background check performed as part of the licensing process revealed the 2004 Drug Paraphernalia conviction. On May 6, 2014, the Montgomery County Sheriff denied the application due to that conviction. Moving rapidly, Erik collected the information and filed an appeal of the decision. The Montgomery County Common Pleas Court affirmed the Sherriff’s decision to deny the license, interpreting Ohio law to exclude licenses for applicants with a conviction for Possession of Drug Paraphernalia because that offense necessarily involves the use or possession of drugs of abuse.
Knowing that this decision was in error, Erik filed the appeal to the Ohio Second District Court of Appeals, where he argued that the denial of the license was contrary to law, because it was based on an erroneous interpretation of the statute that precludes licenses for those convicted of an offense involving a drug of abuse, that a conviction for paraphernalia did NOT involve a drug of abuse.
In an Opinion rendered on August 21, 2015, the appeals court found for the Appellant, noting that at the time of the application, the conduct for which he was convicted was no longer prohibited by R.C. 2925.14. Instead, the conduct was a violation of R.C. 2925.141(C), which prohibits a person from “knowingly us[ing], or possess[ing] with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana.” The commission of that offense is a minor misdemeanor, which is not to be considered in the application for a concealed handgun license. As such, the judgment of the trial court was reversed on the basis that it had abused its discretion and the case was remanded for further proceedings.
There are legal options available to individuals who have been wrongfully denied their Second Amendment Rights. To learn more about how Wright & Schulte LLC and Erik R. Blaine can help, or to arrange for a free legal consultation with Erik or another attorney, please visit www.US-GunLaws.com or by calling 1-800-399-0795.
Erik Blaine-Your Gun Law Attorney
Erik has in-depth experience in firearms law, especially National Firearms Act issues and Gun Trust law. After seeing what was out there, Erik wrote the first NFA Gun Trust for himself, using his knowledge of estate planning, firearms issues, and significant state and Federal licenses. To date Erik has counseled hundreds of individuals guiding them through NFA possession and drafted countless NFA Gun Trusts. He vigilantly researches new laws, rules, and procedures as well as specific firearms and is a sought after speaker and legal representative on firearm laws and NFA Gun Trusts.
About US Gun Laws and Wright & Schulte LLC
At US-GunLaws.com we take your right to bear arms seriously. We are actual gun owners who keep and protect the Second Amendment. When you need an attorney experienced in US-Gun Laws contact US-Gun Laws | Wright & Schulte today at 800-399-0795 or through our confidential online form on the right to get more information! We ensure your American right to bear arms through our knowledge of US gun laws!
Vist our minisite www.us-gunlaws.com for in-depth information for US gun law legal help
Wright & Schulte LLC, an experienced personal injury firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright & Schulte LLC stand up for the rights of people who have been injured or wronged and fight tirelessly to ensure that even the world’s most powerful corporations and government take responsibility for their actions. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free case evaluations are available through www.US-GunLaws.com or by calling 1-800-399-0795.
Wright & Schulte LLC
865 S. Dixie Dr.
Vandalia, Ohio 45377