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Court rules on misdemeanor drug convictions


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#1 Tvandermyde

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Posted 08 December 2010 - 08:07 PM

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The Second Amendment and People with Nonviolent Drug Misdemeanor Convictions
Eugene Volokh • December 8, 2010 3:13 pm



In State v. Tomas (Ohio Ct. Com. Pl. Dec. 7), Marinko Tomas was prosecuted for violating Ohio Rev. Code. § 2923.13(A)(3):

Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if ...

(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

Tomas had been “convicted in 1991 of Attempted Trafficking of Marijuana, a first-degree misdemeanor.” The court applied strict scrutiny, and concluded:

[T]he State has no compelling interest in prohibiting this particular defendant from possessing firearms in his place of business and home.... The evidence established that Defendant makes his home and runs his business in a dangerous violent neighborhood and to protect himself and his family [who lived on the premises of the business –EV] from the inherent violence, he keeps guns on the premises.

This Court therefore narrowly holds that R.C. §2923.13 is unconstitutional when a defendant with no felony convictions, possesses firearms in his home or business, for the limited purpose of self-defense.


While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.

#2 Gary

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Posted 08 December 2010 - 09:42 PM

Step by step.
Slowly we turn.


The good news keeps on coming but patience is hard to maintain. ;)

#3 Tvandermyde

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Posted 08 December 2010 - 10:02 PM

Niagra Falls.......
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.

#4 Skorpius

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Posted 08 December 2010 - 11:01 PM

Niagra Falls.......


Haha. You beat me to it.
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#5 Sigma

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Posted 09 December 2010 - 12:10 AM

Its good news and the tide is turnign but why is it necessary to mention that he lives in a dangerous area. Why not its the constitution. What if he lived in a great area, would they have ruled differently?
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#6 05FLHT

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Posted 09 December 2010 - 05:34 AM

Its good news and the tide is turnign but why is it necessary to mention that he lives in a dangerous area. Why not its the constitution. What if he lived in a great area, would they have ruled differently?


It's a more compelling argument that he lives in a "dangerous" area. It shouldn't matter, but it does.
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#7 Tvandermyde

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Posted 09 December 2010 - 06:46 AM

judges will say or wrote what they think will help "sell" the opinion. sometimes for simple reasoning, sometimes to set up a new line of case law.

they are creatures of their own and own habits. they do what they want.
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.