Saturday, July 30, 2011

Gun Control - #3122 - Can a Minor Offense Eliminate Your Right to Bear Arms - The Blaze

The Ohio appellate court handed down a critical 2nd Amendment-bending decision over the weekend that may have given us a glimpse of how states will maneuver to infringe upon your right to bear arms. The defendant in the case- Paul Stone- has just been told by the appellate court that he must face felony gun possession charges after Montgomery County court initially dismissed the charges. Stone believed he legally obtained his weapon and violated no statute in its possession or use, and it seems the lower court agreed. So why has the appellate court decided in State vs. Stone that a possible felony occurred? Because he was caught with a small amount of marijuana five years ago, and that now constitutes a legal “disability” when it comes to gun ownership in Ohio. Back in 2006, Paul Stone was convicted of simple marijuana possession, a “minor misdemeanor” under Ohio law. There is no jail time possible for the offense. The maximum penalty is a $150 fine, plus some community service. It is not treated as a criminal record for the purposes of employment or licensing questions about an individual’s past. But in Ohio, the legislature has placed a specific limit on the 2nd amendment related to substance possession. Specifically, Ohio Rev. Code § 2923.13 prohibits gun possession by any person who “has been convicted of any offense involving the illegal possession … in any drug of abuse.”  Read more..........

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