State v. Ngaide

Summary

The Ohio First District Court of Appeals affirmed Kalidou Ngaide’s conviction for improperly handling a firearm in a motor vehicle under R.C. 2923.16(B). The court held that prosecuting Ngaide, who was not a qualifying adult because of a pending violent-misdemeanor charge, did not violate the Second Amendment as interpreted by New York State Rifle & Pistol Assn. v. Bruen. The opinion includes separate concurring opinions and a dissent addressing the constitutionality and historical basis of the statute.

Holdings

1. Under State v. Hall, State v. Stonewall, and State v. Baxter, the State may constitutionally prosecute Ngaide under R.C. 2923.16(B), notwithstanding his pending violent-misdemeanor charge and resulting lack of qualifying-adult status.
2. The trial court did not err in denying the motion to dismiss, and the court overruled Ngaide's sole assignment of error.

Questions Presented

1. Whether the Second Amendment, as interpreted by New York State Rifle & Pistol Assn. v. Bruen, barred Ohio from prosecuting Ngaide under R.C. 2923.16(B) for having a loaded firearm accessible in a motor vehicle while disqualified from qualifying-adult firearm exemptions by a pending violent-misdemeanor charge.
2. Whether the trial court erred in denying Ngaide's motion to dismiss the R.C. 2923.16(B) charge.

Disposition

affirmed