State v. Swartzentruber

This cause is before the court on a motion to dismiss. The defendant, Jacob Swartz-entruber, claims tht R.C. 1531.02, as applied to him, is unconstitutional. That section makes it a crime to violate an administrative regulation adopted by the Division of Wildlife. Ohio Adm. Code 1501:31-15-02(U) requires that deer hunters wear “hunter orange” while deer hunting with guns. Violation of this rule is a violation of R.C. 1531.02. It is a fourth degree misdemeanor, punishable by up to thirty days in jail and a fine up to $250.

On November 29, 1988, the defendant was deer hunting with a gun on…