COLUMBUS, Ohio (WCMH) – The Ohio Supreme Court recently heard arguments in a case that is poised to decide whether people can carry guns while drinking in bars.
At the center of the case is a longstanding state law that prohibits residents from carrying firearms in establishments with on-premises liquor permits, unless they have a valid concealed handgun license, are not intoxicated and do not consume drugs or alcohol while there. The panel agreed to take on the case just over a year ago, after a man named Elijah Striblin argued the law is unconstitutional.
In 2022, Striblin visited a Muskingum County bar called the Lazy River Lounge and had a concealed pistol in his possession. Throughout the evening, he ordered five alcoholic drinks and took a sip of at least one, according to court records.
Final haunting photos on Ohio’s abandoned Johnny Appleseed amphitheaterStriblin got into a fight in the men’s restroom just after 2 a.m., in which he shot a man in the neck. Although the man survived, Striblin faced felony charges in relation to the shooting, including one related to the law regulating firearms in bars.
The trial court sentenced Striblin to 30 days in jail and three years of probation. Striblin ultimately appealed the firearms charge to the Fifth District Court of Appeals, arguing the law violated his Second Amendment rights.
The appeals court agreed, finding the law conflicts with the U.S. Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen. In that ruling, SCOTUS found that state firearms restrictions are unconstitutional unless they are consistent with the nation’s historical tradition of firearm regulation. The Muskingum County prosecutor then appealed the decision to the Ohio Supreme Court.
On Oct. 8, attorneys presented their cases to the state’s highest court. John Dever, an assistant prosecutor with the Muskingum County Prosecutor’s Office, asked the court to reverse the Fifth District’s ruling.
Jewish, Islamic organizations react to Middle East ceasefire“Is it a good idea to allow people to carry firearms into bars? Ohioans in the Ohio General Assembly do not think so,” Dever said. “But we are talking about a fundamental right here – the right to carry firearms for self-defense – and while the Second Amendment says ‘shall not be infringed,’ a fundamental precept is that firearm rights are not unlimited in scope. Their scope was determined by the people who enshrined them into law.”
Dever established a historical context for firearms regulations in bars, pointing to laws dating to the mid-to-late 1800s in New Mexico and Oklahoma that allowed places that sold alcohol to prohibit guns. He argued that 1791, when the Second Amendment was ratified, should not be the only point in time considered.
“There are many things that you can see refined over time that were within the tradition, that the people who enshrined the right to bear arms understood that they could do, that they could regulate,” he said.
Attorney Elizabeth Gaba represented Striblin, arguing that the types of establishments that hold on-premises liquor permits would not have faced firearms prohibitions around the time the Second Amendment was ratified.
“This court respectfully should decline to consider enactments that occurred well after the 1791 ratification of the Second Amendment,” she said.
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After hearing arguments, it generally takes the Ohio Supreme Court “several months” to announce its decision, according to its website.
Striblin’s case is accompanied by a variety of legal challenges to gun regulations that have popped up across the country after Bruen. The Trace, a nonpartisan newsroom dedicated to gun violence, reported federal courts have ruled on more than 2,000 Bruen-based challenges to gun laws since the 2022 decision.
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