Ohio v. Weber: Confronting the Dangers of Alcohol Use and Firearm Access
Case Information: Ohio v. Weber, No. 2019-0544 (Ohio Supreme Court brief filed September 19, 2019).
At Issue: Ohio Revised Code 2923.15 prohibits the carrying or use of firearms while under the influence of alcohol or drugs. The defendant in this case was charged with and convicted of using weapons while intoxicated, and then appealed his conviction in an Ohio appellate court, arguing that the prohibition on using firearms while intoxicated violates the Second Amendment. The appellate court upheld the constitutionality of the law. The challenger appealed again, and his case is now before the Ohio Supreme Court.
Giffords Law Center’s Brief: Our brief, filed jointly with Brady, argues that the challenged law is constitutional because it is properly tailored to protect Ohio residents from the dangers posed by combining alcohol and firearms — including the significantly elevated risks of unintentional firearm injury, domestic violence assaults, and self-harm. We explain why the court should evaluate the constitutionality of the Ohio law using the two-step framework, which is the consensus approach courts take in Second Amendment challenges. Finally, we argue that the law is constitutional under this framework when reviewed under either intermediate or strict scrutiny.