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Weber v. Ohio 

Image by MikeGunner from Pixabay

Weber v. Ohio is centered around one Ohio man who believes he was wrongfully convicted of using a firearm while intoxicated. Ohio Law states “No person, while under the influence of alcohol or drugs of abuse, shall carry or use any firearm or dangerous ordinance.” The case isn’t challenging the law but rather it asks the court to define what it uses for a firearm. 

Mr. Weber’s wife called the police on her husband but when they arrived she dismissed them saying that there was no longer a marital dispute to settle. Mr. Weber was intoxicated and wielding an unloaded shotgun. Both Mr. Weber and his wife told the police to leave and that the shotgun was unloaded. The government moved to forcefully take his firearm, although they did not confiscate it. 

In the original court case, Mr. Weber was sentenced to 10 days in jail, ordered to complete 8 hours of community service, and forced to pay a $100 fine. Mr. Weber almost won in the Ohio Supreme Court but the court ruled 4-3 in favor of the state. The dissenting justices suggested that the court used an improper standard of review. 

This would be an interesting case to see at the Supreme Court, but not the most important one. 

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