State v. Davis
Ohio Court of Appeals
1Concurring in part, dissenting in partRogers, Judge
{¶ 24} While I concur with the position of the majority as to the first assignment of error, I must respectfully dissent as to assignments of error two and three.
{¶ 25} R.C. 2923.12 provides as follows: “No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand * * * a handgun * * *.”
{¶ 26} Because the handgun in question was not on the person of the appellant, the elements of the offense can only be met if the handgun was proven to be ready at hand. I would interpret the phrase “ready at hand” as meaning “concealed where it may be readily picked up…
2Cases cited2 opinions
- McBoyle v. United StatesSupreme Court of the United States · 1931
- State v. BeasleyOhio Supreme Court · 1983