State v. McKenzie

Summary

The Sixth District Court of Appeals of Ohio held that the trial court applied the wrong constitutional standard when evaluating an as-applied Second Amendment challenge to Ohio's weapons-under-disability statute, R.C. 2923.13. The court reversed and vacated the conviction and remanded for factual findings or stipulations concerning the appellant's prior conviction and circumstances relevant to the Bruen analysis. The court deemed the challenge to supervision costs moot.

Holdings

1. The trial court erred by relying solely on Heller's discussion of the presumptive lawfulness of felon-in-possession restrictions and failing to apply Bruen's two-step test to McKenzie's as-applied challenge to R.C. 2923.13.
2. The court could not resolve the as-applied challenge because the record lacked evidence or stipulations concerning the facts underlying McKenzie's prior conviction and other facts relevant to the constitutional analysis.
3. The assignment of error challenging supervision costs was moot because the conviction and judgment were reversed and vacated.

Questions Presented

1. Whether the trial court erred by denying McKenzie's as-applied Second Amendment challenge to R.C. 2923.13 without applying the two-step framework established in New York State Rifle & Pistol Ass'n v. Bruen.
2. Whether the record was sufficiently developed to permit resolution of McKenzie's as-applied challenge on appeal.
3. Whether the challenge to the imposition of supervision costs was moot after reversal of the conviction.

Disposition

reversed_and_remanded