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Just like bucket seats do not fit everyone well, automatic restrictions on the right to bear arms in criminal sentences do not fit the ends of justice well and Probation Gun Restriction “Deserves a More Thorough Review”. A court should at least consider each situation on a case by case basis: while it makes sense to restrict repeat violent felons from having firearms, people convicted of less serious crimes (like most misdemeanors) should not necessarily need to be stripped of their Second Amendment rights.
Probation Gun Restriction
Case in point: State v. Intihar, 12th Dist. Warren CA2015-05-046. In Intihar, the defendant, an Ohio National Guardsman, was convicted of menacing for a road rage incident in which he flashed a firearm to another motorist. Intihar was sentenced to probation, and as part of that sentence, Intihar was not permitted to purchase, own, posses, use, or have under his control, any deadly weapons or firearms at all times and under any circumstances. In addition, the trial court ordered that Intihar submit a written notice “to the folks who issue the carrying conceal permits * * * that you have a suspended jail term for a menacing charge and that your permit is suspended and that you are not permitted to re-apply for another permit[.]”
Based on the trial court’s sentencing decision, Intihar was effectively prohibited from ever possessing a firearm at any time and under any circumstance during his five year probation.
Intihar appealed, arguing among other things that the trial court erred by restricting his Second Amendment rights as a condition of his probation. The Ohio Twelfth District Court of Appeals reversed the trial court’s firearms restriction and sent the case back for the trial court to reexamine whether Intihar should have his firearms rights taken away while on probation.
Now, the Twelfth District’s decision does not mean that Intihar and other similar defendants will be guaranteed that they can keep their right to bear arms if convicted of a minor crime. In fact, the Twelfth District stated:
we stress that our decision to reverse and remand this matter should not be construed as giving any credence to the merits of Intihar’s claim. Rather, based on the unique set of facts and circumstances of this case, we believe this issue deserves a more thorough review so that the trial court may determine whether such a restriction serves the statutory ends of probation or whether it is so overly broad that it unnecessarily impinges upon Intihar’s liberty.
This week, the Ohio Supreme Court declined to hear the case, meaning that the Twelfth District’s decision stands and the trial court will be required to think twice about whether Intihar’s crime was serious enough to justify restricting his Second Amendment rights.
Even if the trial court reviews Intihar’s case more thoroughly and still takes away his Second Amendment rights through Probation Gun Restriction, this case shows that courts are taking a stricter look at laws and sentences that would infringe on the right to bear arms.
As Intihar’s case shows, if you enjoy your Second Amendment freedom it is crucial to have knowledgeable, experienced counsel for any type of case! To arrange for a free legal consultation with Erik R. Blaine, please visit www.US-GunLaws.com or by calling 1-800-399-0795.
Erik Blaine-Your Gun Law Attorney
Erik has in-depth experience in firearms law. Using his knowledge of estate planning, firearms issues, and significant state and Federal licenses Erik has counseled hundreds of individuals guiding them through gun law cases, NFA gun trusts, gun rights restoration, criminal defense, and NFA issues. He vigilantly researches new laws, rules, and procedures as well as specific firearms and is a sought after speaker and legal representative on firearm laws, criminal defense, FFL representation, Concealed Carry Permit laws, and NFA Gun Trusts.