State v. Jordan

733 N.E.2d 601, 89 Ohio St. 3d 488
Ohio Supreme Court·Decided August 30, 2000·No. No. 99-1668·Published·Cited by 103 cases

Opinions

Douglas, J.

R.C. 2923.17(A) sets forth the offense of unlawful possession of a dangerous ordnance and provides that “[n]o person shall knowingly acquire, have, carry, or use any dangerous ordnance.” The word “knowingly” establishes the culpable mental state a defendant must possess in order for there to be a violation of R.C. 2923.17(A). The definition of “knowingly” is found in R.C. 2901.22(B), which provides that “[a] person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances will probably exist.” R.C. 2923.11(K)(1) defines “dangerous ordnance” to include “any automatic or sawed-off firearm.” R.C. 2923.11(F) defines a “sawed-off firearm” as meaning “a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.”

The issue presented for our review is whether, in a prosecution for unlawful possession of dangerous ordnance in violation of R.C. 2923.17(A), the state is required to prove that a defendant knows of the specific characteristics of the weapon or item possessed that brings it within the statutory definition of dangerous ordnance. As applicable to the specific facts of this case, the question can be more precisely phrased as whether the state is required to show beyond a reasonable doubt that appellee knew that his shotgun had a barrel length of less than eighteen inches.

The trial court in this matter held that the state was not required to prove that appellee knew, or was aware of the probability, that the barrel of his shotgun was less than eighteen inches long. The trial court concluded that the state only had to show that appellee knew that he was carrying a weapon. In interpreting R.C. 2923.17(A), the trial court read the mens rea requirement of “knowingly” as [490] applicable only to the element of the offense denoting possession, ie., “acquire, have, carry, or use.” Thus, the trial court rejected appellee’s argument that “knowingly” also modified the words “dangerous ordnance.” Further, the trial court found that the evidence before the court established that the shotgun in appellee’s possession met the statutory definition of dangerous ordnance in R.C. 2923.11(K)(1). Having determined that the state met its burden, the trial court found appellee guilty of the charge in the indictment and sentenced him accordingly.

In reversing the judgment and sentence of the trial court, the court of appeals concluded that the culpable mental state of knowingly found in R.C. 2923.17(A) requires that the state must prove that the accused had knowledge of those specific characteristics that made the weapon in his possession dangerous ordnance. In contrast to the trial court’s decision, the court of appeals held that the mens rea requirement in R.C. 2923.17(A) was applicable to all of the material elements of the statute and not limited solely to the possession element. Therefore, in order to convict appellee for unlawful possession of dangerous ordnance, the court of appeals held that the state needed to prove that appellee knowingly had a shotgun and that appellee knew, or was aware of the probability, that the gun he possessed had a barrel length of less than eighteen inches.

In the appeal before this court, appellant, state of Ohio, contends that in a prosecution for unlawful possession of dangerous ordnance, the state must prove only that a defendant knowingly possessed dangerous ordnance and that the item is, in fact, a dangerous ordnance as defined in R.C. 2923.11. Appellant argues that knowledge of possession alone is sufficient for there to be a violation of R.C. 2923.17(A) and that the “knowingly” element of the statute does not require the state to show that defendant knew of the specific characteristics of the item that made it dangerous ordnance. Conversely, appellee contends that in order to obtain a conviction pursuant to R.C. 2923.17(A), the state must prove beyond a reasonable doubt that the defendant had knowledge that the item possessed had the specific characteristics that made it dangerous ordnance as defined by R.C. 2923.11. In this regard, appellee urges this court to affirm the court of appeals.

Appellee, in the courts below and before us, has relied heavily on the United States Supreme Court case of Staples v. United States (1994), 511 U.S. 600, 114 S.Ct. 1793, 128 L.Ed.2d 608. The court of appeals below found the analysis of mens rea in Staples to be very persuasive and the reasoning of the Staples majority to be “applicable to the present appeal, if not its holding.” For the following reasons, we respectfully find that the decision in Staples is not applicable to our consideration of R.C. 2923.17(A).

[491] In Staples, the defendant was convicted pursuant to the National Firearms Act (“Act”), Sections 5801-5872, Title 26, U.S.Code, for possession of an unregistered machine gun. Staples, 511 U.S. at 602-604, 114 S.Ct. at 1795-1796, 128 L.Ed.2d at 614-615. Section 5861(d) of the Act makes it a crime for any person to possess a firearm that is not properly registered. A violation of the Act is punishable by up to ten years in prison. Section 5871, Title 26, U.S.Code.

The defendant, Staples, had in his possession a semiautomatic weapon that had been modified to be capable of fully automatic fire. A fully automatic weapon is defined as a “firearm” under the Act and all firearms must be registered in the National Firearms Registration and Transfer Record. Section 5841, Title 26, U.S.Code. Staples testified that he was not aware that the weapon had been modified and he argued that his alleged ignorance of the weapon’s ability to fire automatically should shield him from criminal liability for failing to register his weapon. Id. at 603, 114 S.Ct. at 1796, 128 L.Ed.2d at 615. At issue in Staples was the mens rea required for a conviction for failing to register a firearm in violation of Section 5861(d), Title 26, U.S.Code, which section contains no express mental-state requirement. Specifically, the court considered whether Section 5861(d) requires proof that a defendant knew of the characteristics of his weapon that made it a “firearm” under the Act. Id. at 604, 114 S.Ct. at 1796, 128 L.Ed.2d at 615. The court held in Staples that the government should have been required to prove beyond a reasonable doubt that Staples knew that the weapon that he possessed had the characteristics that brought it within the scope of the Act. Id. at 619, 114 S.Ct. at 1804, 128 L.Ed.2d at 624-625.

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State v. Jordan, 733 N.E.2d 601, 89 Ohio St. 3d 488 (Ohio 2000).

733 N.E.2d 601 (State v. Jordan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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