The Ohio Supreme Court is considering a constitutional challenge brought by a man charged last year for carrying a firearm while intoxicated.

The highest court in the state is set to hear arguments in February on whether a 45-year-old law prohibiting gun owners carrying while intoxicated applies if the gun owner is inside their own home, the Associated Press reported on Saturday.

According to court documents, Clermont County Sheriff’s Office officers responded to the home of Fredrick Weber on February 17, 2018, after his wife called police to report he was intoxicated and in possession of a gun.

Weber told authorities he was wiping down his unloaded shotgun when they arrived.

Officers confirmed the weapon was unloaded but “detected the odor of an alcoholic beverage” on Weber, according to court documents.

Officers also indicated Weber appeared to be unsteady on his feet and his speech was slurred.

Weber was charged with one count of using weapons while intoxicated, a misdemeanor.

In June of 2018, a trial court rejected Weber’s argument that the law is unconstitutional and infringed on his Second Amendment right to bears.

An Ohio Court of Appeals found in March of this year that the law does not violate the Second Amendment.

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