A state law that bans carrying or using a firearm while intoxicated may be unconstitutional, according to a Clermont County man convicted for violating the statute.

Frederick Weber, 50, of Felicity, is appealing the law's constitutionality to the Ohio Supreme Court next week. He says the law violates his Second Amendment rights.

Weber's wife called 911 on Feb. 17, 2018, saying he was drunk and had a firearm, according to police records. She then requested a cancel on the call and advised that Weber put the firearm away.

Police arrived and asked to be escorted inside, records state. They saw Weber holding a shotgun by the stock with the barrel pointed down.

An officer immediately gave Weber orders to drop the firearm and he complied, according to police records.

"It's not loaded," Weber said.

Officers checked the gun and confirmed it contained no ammunition, according to a release from the Supreme Court of Ohio. They noticed Weber smelled of alcohol, was slurring his words and was unsteady. Weber told the officers he was drunk several times and failed a field sobriety test.

He was arrested and taken into custody, according to police records.

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Weber was found guilty of carrying a firearm while intoxicated, a misdemeanor, and sentenced to one year of community control and a 10-day jail sentence that was suspended, according to court records.

Weber appealed to the Twelfth District Court of Appeals and lost, the release states. Now he is turning to the Ohio Supreme Court.

According to the release, Weber argues that the state has no compelling interest to prevent the possession of firearms in the home after someone consumes alcohol. He says the law violated his constitutional right to bear arms in his home, and stressed that the shotgun was unloaded and he wasn't carrying or using it when police arrived the day his wife called 911.

Weber's attorney, Gary Rosenhoffer, posted on Facebook regarding the case.

"I wonder how much liquid courage the Colonists had when they lined up 100 yards from the enemy in an open field and started marching and firing?" he wrote.

Rosenhoffer did not return calls or messages for this story.

The city of Cincinnati has submitted an amicus brief in support of upholding the law, pointing out the dangers of mixing alcohol and guns. The release states two national centers that work to prevent gun violence and the cities of Akron, Columbus, Dayton, Lima and Toledo have also filed briefs requesting the law be upheld.

The Clermont County prosecutor also stresses the dangers of mixing alcohol and guns, and says the dangers are the same regardless of whether someone is drunk and handling a firearm inside or outside their home. The release states the law doesn't prohibit the possession of firearms when drunk, but instead bars carrying or using firearms while intoxicated.

Weber's wife told police Weber is an alcoholic and needs help during the February 2018 incident, according to police records. She stated he did not threaten anyone with the gun.

In February 2016, Weber was found guilty of driving under the influence of alcohol, according to court records.

Weber told The Enquirer he would not be giving a comment until after the case is presented on Tuesday.

The Supreme Court will consider Weber's case on Feb. 25 at 9 a.m. at the Thomas J. Moyer Ohio Judicial Center in Columbus, according to the release. All arguments are streamed live and archived on The Ohio Channel.