High Court To Hear Concealed Carry Case

COLUMBUS — The Supreme Court of Ohio will determine the constitutionality of a state law prohibiting patrons of a liquor permit premises from possessing a concealed firearm while consuming alcohol.

The state of Ohio is appealing a lower court ruling reversing the conviction of a Muskingum County man who was found guilty of illegal possession of a firearm in a liquor permit establishment. The state argues that the statute in question is constitutional under the Second Amendment.

According to the court record, Elijah Striblin and his girlfriend were drinking at the Lazy River Lounge in Zanesville on Aug. 14, 2022. Striblin was carrying a concealed hand gun, which he used to shoot another patron during a fight in the bar’s restroom.

As a result of the incident, Striblin was charged with inducing panic, possession of a firearm in a liquor permit premises, carrying a concealed weapon, having a weapon while under disability, tampering with evidence and felonious assault. He pleaded not guilty to the charges and filed a motion to have the possession of a firearm, carrying a concealed weapon and having a weapon while under disability charges dismissed. He argued the alleged crimes in the three counts were unconstitutional based on a June 2022 ruling by the U.S. Supreme Court (New York State Rifle and Pistol Association v. Bruen) that firearms regulations are unconstitutional unless they are rmly rooted in the country’s history and tradition of gun regulations.

After his motions were denied by the trial court, Striblin entered no contest pleas to the inducing panic and illegal possession charges, with the state dismissing the remaining counts. He was convicted and sentenced to 30 days in jail and three years of community control.

On appeal to the Fifth District Court of Appeals in Muskingum County, a three-judge panel ruled the state did not meet its burden in proving the law prohibiting a firearm in a liquor permit premises is consistent with the historical tradition of firearms. The 2-1 decision vacated Striblin’s firearm possession conviction.

The state Supreme Court will rule on the constitutionality of Ohio’s law under the new standards set by the U.S. Supreme Court’s ruling in Bruen.