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State of Ohio v. Fredrick M. Weber, Case No. 2019-0544
Twelfth District Court of Appeals (Clermont County)
ISSUES:
- Is the statute that prohibits using a weapon while intoxicated unconstitutional as applied to the facts of this case?
- When a statute is challenged as unconstitutionally impinging on the right to bear arms, is strict scrutiny the appropriate legal standard of review?
- Under any legal standard of scrutiny, is a prohibition on carrying or using a firearm while intoxicated in the home unconstitutional?
Twelfth District Court of Appeals (Clermont County)
ISSUES:
- Is the statute that prohibits using a weapon while intoxicated unconstitutional as applied to the facts of this case?
- When a statute is challenged as unconstitutionally impinging on the right to bear arms, is strict scrutiny the appropriate legal standard of review?
- Under any legal standard of scrutiny, is a prohibition on carrying or using a firearm while intoxicated in the home unconstitutional?
February 25, 2020