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One of my law school's Criminal Defense clinic students is working on a
case involving an individual charged with illegal possession of a
firearm under Ohio's firearm disability statute, which prohibits
possession of a firearm by anyone convicted of a drug offense. This
individual has a minor misdemeanor marijuana possession conviction. In
Ohio minor misdemeanors are punishable by a maximum $150 fine and no
jail time, so no right to counsel attaches, and I assume the individual
had no counsel when he was convicted of the drug possession charge. So the question, and request: is anyone aware of cases where challenges to such state disability statutes have been raised post Heller? Also helpful would be briefs challenging such a disability statute. Thanks, Yuri Yuri R.
Linetsky, Esq Vis.
Assistant Professor of Law Case Western
Reserve University School of Law 11075 East
Boulevard Cleveland,
Ohio 44106 Direct: 216.368.6855 Main: 216.368.2766 Fax: 216.368.5137 |
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