An Ohio appeals court has upheld the dismissal of firearms charges against Makayley Matosky, a Dayton woman who was 20 years old at the time of her arrest. The decision was based on the Second Amendment and followed a county judge’s ruling that state laws prohibiting her from carrying concealed weapons due to her age were unconstitutional as applied to her.
Matosky had been indicted by a Montgomery County grand jury in August 2024 for carrying concealed weapons and improperly handling firearms in a vehicle. Her defense argued that these laws violated her rights under the Second and Fourteenth Amendments of the U.S. Constitution, as well as Article I, Section 4, of the Ohio Constitution. She was arrested about ten weeks before turning 21.
The prosecution contended that restricting firearm possession for those under 21 aligned with historical traditions of gun regulation. However, Montgomery County Judge Angelina N. Jackson dismissed the charges in April 2025, stating: “The carrying of firearms by persons aged 18 to 20 is covered by the plain text of the Second Amendment.” She also wrote: “The State has failed to meet its burden to establish that prohibiting law-abiding adults aged 18 to 20 years old from carrying concealed handguns is consistent with this Nation’s historical tradition of firearm regulation.”
On appeal, Judge Robert G. Hanseman wrote for Ohio’s Second District Court of Appeals: “We … find that while there may be a historical tradition of restricting minors’ access to firearms, Matosky was not a minor at the time of the charged offenses. Rather, Matosky was at the age of majority — a legal adult — and there is no analogous historical tradition of restricting a legal adult’s right to bear arms based solely on the adult’s age.” He further stated: “The state ‘has failed its burden to demonstrate that Ohio’s age-based restriction on having and transporting accessible, loaded firearms in a motor vehicle is consistent with the Nation’s historical tradition of firearm regulation,’ he wrote, adding that the court finds that the statutes ‘are unconstitutional as applied to Matosky.'”
This appellate decision cited both Second Amendment protections and guidance from New York State Rifle & Pistol Association v. Bruen (2022), which expanded public carry rights for handguns.
A related legislative effort is underway in Ohio through Senate Bill 303, introduced by Sen. Terry Johnson and supported by Buckeye Firearms Association. The bill would allow individuals between ages 18 and 21 to purchase or receive handguns from federally licensed dealers but would not directly impact cases like Matosky’s.
Buckeye Firearms Association is active in promoting gun rights legislation in Ohio and offers updates on related laws, training opportunities, events, and alerts regarding politics affecting gun ownership within the state. The organization functions as a grassroots entity focused on protecting firearm rights for legal activities such as self-defense, hunting, competition, and recreation according to its official website.
