Judge O'Toole on the 2nd Amendment

State v. Hancovsky, 2015-Ohio-2602.

 

Mr. Hancovsky was convicted of Improperly Handling a Firearm in a Motor Vehicle.  Due to his conviction, Hancovsky was prohibited from owning a firearm and lost his Concealed-Carry Permit.  Judge O’Toole wrote the Majority Opinion that  restored his right to own a firearm and his Concealed-Carry Permit.  Judge O’Toole wrote that Mr. Hancovsky’s conviction was against the manifest weight of the evidence as he was never inside the motor vehicle while he was intoxicated and thus was not “in possession” of the firearm.

 

State v. DiNardo, 2015-Ohio-1061. 

 

Mr. DiNardo was convicted of illegal possession of a deadly weapon in a school zone.  DiNardo, who had a Concealed-Carry permit, drove his daughter to the school where her mother (his ex-wife) worked to get her cell phone.  DiNardo’s ex-wife called 911 to report an unwanted guest in the parking lot. The police arrived and a confrontation ensued.  DiNardo was convicted even though the recording of the 911 call had been erased.  DiNardo lost his ability to carry a firearm.  Judge O’Toole DISSENTED as it was the 911 call of DiNardo’s ex-wife that precipitated his arrest and this evidence was crucial to his defense.


 

 

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