It's time to introduce you to "my little friend" Ohio. I brought him out of hiding. After he started a new civil rights group; Whitecats.org he had to lay low for a while.
One appellate court decision does not a Constitutional amendment make! This makes me almost as mad as the Canton, OH cop who I posted on last week in The Warrior Bard This cop has been suspended WITH PAY after going berserk on a driver with a concealed carry permit.
Here is the story of one kangaroo court and the possible repurcussions to our Second Amendment rights.
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.”
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.”
This statute led the district attorney to file 3rd degree felony gun possession charges against Stone solely based on his minor misdemeanor possession of marijuana. The trial court of Montgomery County initially dismissed the indictment, holding minor misdemeanor convictions weren’t enough under the law to prohibit gun ownership.
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