Legal Opinion

State v. Beasley

Ohio Supreme Court

Decided March 16, 1983No. 82-378PublishedCited by 7 opinions

1Opinion of the CourtPutman, J.

We affirm the court of appeals because the undisputed facts as found by the trial court and recited in this decision establish conclusively the affirmative defense that the gun was lawfully being transported in a motor vehicle for a lawful purpose, not on the actor’s person, but in a closed case.4

This being an affirmative defense, it is a logical truism that the General Assembly intended it to operate notwithstanding that the firearm is both concealed and also “ready at hand.”

The trial court reasoned erroneously that the affirmative defense was not established because the state had proved the…

2Cases cited1 opinion

  1. McBoyle v. United StatesSupreme Court of the United States · 1931

3Cited by7 opinions

  1. State v. DavisOhio Supreme Court · 2007
  2. State v. BowmanOhio Court of Appeals · 1992
  3. State v. OrinOhio Court of Appeals · 1992
  4. Schwartz v. Bank One, Portsmouth, N.A.Ohio Court of Appeals · 1992
  5. State v. DavisOhio Court of Appeals · 2006

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