This is a discussion on My Home is My Castle within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; My Home is My Castle By Rick Jones While reading over some of the newspapers across the state recently, I found an interesting letter to ...
My Home is My Castle
By Rick Jones
While reading over some of the newspapers across the state recently, I found an interesting letter to the editor in which a person asked, "If armed felons beat my door in, do I have to worry about legal ramifications if I shoot them?" It really made me think about this and take into consideration some of Ohio's antiquated laws.
Ohio has recently had some sweeping improvements in our gun laws, but there is room for improvement. In cases like the one mentioned above, Ohio still has on the books "a duty to retreat". This means that under certain guidelines of the law, someone breaks into your home you have a duty to leave your home if possible.
To me this sounds like it would be difficult to do. Should the homeowner be forced into using deadly force, who is going to be the victim and who is going to be the criminal? Most homeowners feel the same way I do - if someone breaks into my home at 3 in the morning I don't think they are coming in to borrow a cup of sugar. Ignoring the fact that we've worked hard all our lives to provide a safe and secure home for our loved ones, are we now supposed to roll over and play dead?
You can read the rest of the article here:
Well, here is a quote about Duty To Retreat in the deadly force section of the Attorney General's handbook all CHL holders get when they take their class:
"In Ohio, there is no duty to retreat from one's own home. There is no duty to retreat if there is no manner by which you can retreat safely. However, being in one's home is not a liscense to use deadly force against an attacker (Bold their's). The person who is attacked in his own home, without fault of his own, may stand his ground and use deadly force only if he reasonably and honestly believed that deadly force was necessary to prevent serious bodily harm or death. If the person does not have this belief or he created the confrontation, he cannot use deadly force and must leave the situation, even if he is in his own home."
I believe that armed felons beating down a door constitutes the required belief, and if you are on the second floor, I'm not sure jumping out a window is qualified as a safe escape route.
HB541 was a piece of "Stand your Ground" legislation, but i belive that the bill expired in committee at the turn of the year. Hopefully we can get a new one going though. This is one area that could use some common sense and change.
Fortes Fortuna Juvat
Former, USMC 0311, OIF/OEF vet
NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor