Summary
The Supreme Court of Ohio vacated the Eighth District Court of Appeals’ judgment and remanded the case for reconsideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen. The case concerns a Second Amendment challenge to Ohio Revised Code 2923.13(A)(2), which prohibits having a weapon while under disability. Separate opinions dissented from remanding only to the court of appeals rather than to the trial court.
Topics
Practice areas
Questions Presented
- Whether the Eighth District's judgment rejecting Philpotts's Second Amendment challenge to Ohio Revised Code § 2923.13(A)(2) should be reconsidered in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.
- Whether the judgment should be remanded to the trial court rather than the court of appeals because Bruen changed the allocation of the burden of proof in Second Amendment challenges.
Holdings
- The judgment of the Eighth District Court of Appeals is vacated, and the cause is remanded to that court for reconsideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.
Key quotations
“The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for reconsideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.” (¶ 1)
Factual background
In August 2017, Delvonte Philpotts was indicted for having a weapon while under disability based on possessing a handgun while under indictment for other crimes. Those other charges were later dismissed without prejudice. Philpotts pleaded no contest to the weapons-under-disability charge and was sentenced to three years of community control.
Procedural history
Philpotts was indicted in the Cuyahoga County Court of Common Pleas for having a weapon while under disability under Ohio Revised Code § 2923.13(A)(2), pleaded no contest, and received three years of community control. The Eighth District affirmed his conviction and rejected his constitutional challenges. The Supreme Court of Ohio accepted the appeal, initially held it for State v. Weber, later lifted the hold, ordered supplemental briefing on Bruen, and then vacated and remanded the Eighth District's judgment for reconsideration.
Remand instructions
The Court of Appeals for Cuyahoga County, Eighth District, must reconsider its judgment in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.