Ohio’s firearm specification law imposes a mandatory three-year prison term when a person uses a gun in the commission of a crime. The Ohio Supreme Court has ruled that an on-duty police officer acting within the course and scope of his employment cannot be subject to Ohio’s firearm specification.

The case of State v. White (February, 2015) involved an Ottawa Hills police officer, Thomas White, who shot a motorcyclist he had pulled over for a traffic stop, leaving him paralyzed. White contended he thought the man was reaching for a weapon as White approached the motorcycle. It turned out the motorcyclist had no gun. White was convicted of felonious assault and sentenced to seven years in prison. The trial court sentenced him to an additional three years in accordance with the firearm specification statute.

The Supreme Court held that the firearm specification did not apply in this case because White was acting within the course and scope of his employment as a police officer. The Court said that the firearm specification exists to punish criminals who choose to use a gun. “A firearm specification is not intended to deter a peace officer from possessing a firearm, because the officer is required to carry a firearm and permitted to use it, when necessary, in the course of carrying out the duties of a law enforcement officer,” the majority wrote. “The General Assembly did not intend the firearm specification to apply to a police officer who fired a gun issued to him to protect himself, fellow officers, and the public from a person he thought was about to brandish a weapon.”

The Supreme Court found that a firearm specification could apply to a police officer if facts showed the officer engaged in criminal activity beyond the scope of his duties, such as an officer robbing a drug dealer at gunpoint. That was not the case with Officer White, however.

The decision is widely viewed as a victory for Ohio’s law enforcement officers. If you have any questions regarding the decision, please contact Paul Bernhart at pbernhart@fishelhass.com.

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