Klein v. Leis

{¶ 20} The majority incorrectly invokes a reasonableness test to assess whether R.C. 2923.12 infringes upon the fundamental constitutional right to bear arms. For reasons that follow, I believe that this statute should be subjected to intermediate scrutiny. After applying intermediate scrutiny, I conclude that while the overall objective of R.C. 2923.12 is constitutional, the framework of R.C. 2923.12(C) is not. Therefore, I must respectfully dissent.

I

Standing

{¶ 21} A preliminary issue raised by the appellants, but left unaddressed by the majority, is whether the plaintiffs have standing to…