According to § 2923.13 of the Ohio Revised Code, certain people are not knowingly allowed to acquire, have, carry or use any firearm. Violating this section is a third degree felony. The defendant-appellant in this case argued that this is unconstitutional by violating a citizen's fundamental right to bear arms. But, since these issues were not brought up in trial court, they cannot be brought up in the appeal. The defendant-appellant also contends that this particular statute is vague which therefore violates his due process rights. This issue also was not raised in trial court, but this argument does not require burden shifting so the appeals court was able to consider it. Lastly, the defendant-appellant claimed that the trial court misspoke when stating the law when explaining it to the jury, which led to an unfair trial. In this case, the conviction of having a weapon while under disability, R.C. 2923.13(A)(4), was not error where the statute is not void for vagueness since R.C. 3719.011 defines drug dependent person in an intelligible manner that a person of ordinary intelligence can understand.
Columbus Criminal Defense Blog /2013 /May /Having Weapons While Under Disability: Conviction Not in Error