Ohio law prohibiting carrying a gun while drinking at bars could be overturned

COLUMBUS, Ohio ( WCMH ) – The fate of a state law that prohibits residents from carrying a gun while drinking at a bar lies with the Ohio Supreme Court after it agreed to hear a challenge brought on by a man accused of shooting someone in the neck during a bar fight.

On Oct. 1, the court agreed to hear a case regarding a longstanding state law that forbids residents from carrying a firearm in an establishment with an on-premises liquor permit. The law allows those carrying a firearm to enter somewhere that serves alcohol only if they have a valid concealed handgun license and do not consume alcohol or drugs on the premises.

The issue was brought to Ohio’s highest court by a man named Elijah Striblin. On Aug. 14, 2022, he was drinking at a Muskingum County bar and had a concealed pistol in his possession. Shortly after 2 a.m., Striblin, who had five drinks, entered the men’s restroom and got into a fistfight with Eric Sankey. The altercation ended when Striblin drew his pistol and shot Sankey in the neck, according to court documents.

Sankey, who the Muskingum County Prosecutor’s Office claims was a gang member from Columbus, survived. In an unrelated incident, he was later killed in his home city in August 2023.

A grand jury indicted Striblin on six charges. He reached an agreement with prosecutors, pleading no contest to inducing panic and a charge of illegal possession of a firearm on a liquor premises, with the court finding him guilty of the two charges.

In February 2023, Striblin was sentenced to three years of community control. However, the following December, he was sentenced to 12 months in prison for breaking multiple terms of his parole, including driving without a license, breaking curfew, smoking marijuana, moving to Columbus without permission, not reporting loss of employment, and being dishonest with his parole officer.

After serving his sentence, Striblin filed an appeal, arguing the Ohio law is unconstitutional. The Fifth District Court of Appeals also determined the law violated the Second Amendment, and the Ohio Supreme Court agreed to review the ruling.

The United States Supreme Court issued a landmark decision in the case New York State Rifle and Pistol Association v. Bruen in June 2022, asserting that gun laws are constitutional only if they are consistent with the nation’s historical tradition of firearm regulation. As a result of the ruling, challenges to existing gun regulations have popped up across the country. This case is among those, as Striblin argued the new standards set forward by Bruen render Ohio’s law unconstitutional.

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