Castle Doctrine Passed in Ohio

Castle Doctrine Passed in Ohio

This is a discussion on Castle Doctrine Passed in Ohio within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; The Columbus Dispatch : Castle doctrine: Ohio self-defense law will start in November To my understanding, this recently passed bill ensures that a victim within ...

Results 1 to 10 of 10

Thread: Castle Doctrine Passed in Ohio

  1. #1
    New Member Array otbdave's Avatar
    Join Date
    Jul 2008
    Location
    Columbus, OH
    Posts
    5

    Castle Doctrine Passed in Ohio

    The Columbus Dispatch : Castle doctrine: Ohio self-defense law will start in November

    To my understanding, this recently passed bill ensures that a victim within his own home may shoot an intruder on sight without fear of legal trouble. It takes effect in November of this year.


  2. #2
    VIP Member Array matiki's Avatar
    Join Date
    Dec 2007
    Location
    N.W.
    Posts
    2,917
    Quote Originally Posted by otbdave View Post
    The Columbus Dispatch : Castle doctrine: Ohio self-defense law will start in November

    To my understanding, this recently passed bill ensures that a victim within his own home may shoot an intruder on site without fear of legal trouble. It takes effect in November of this year.
    On site or On Sight?

    Any chance someone has the actual bill handy? The article talks about the car but not much about the home.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  3. #3
    New Member Array otbdave's Avatar
    Join Date
    Jul 2008
    Location
    Columbus, OH
    Posts
    5
    Edited post, this article has a link to the actual bill that was passed in the Senate.

    "The law in Ohio currently places the burden on the home occupant to prove they were defending themselves from death or serious injury. Under Ohio Senate Bill 184, which will go into effect in 90 days, it will be presumed a person lawfully occupying the home (or vehicle) acted in self defense against someone who unlawfully enters the home (or vehicle). The prosecution may rebut this presumption. The new statute also grants immunity from tort actions to the home or vehicle occupier."

    Laws, Acts, and Legislation

    Sec. 2901.09.

    (A) As used in this section, "residence" and "vehicle" have the same meanings as in section 2901.05 of the Revised Code.

    (B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.

  4. #4
    VIP Member Array matiki's Avatar
    Join Date
    Dec 2007
    Location
    N.W.
    Posts
    2,917
    Thanks for posting that. It's very interesting. In my State we do not have a Castle Doctrine, but the reality is that most of our laws are on par with Ohio's now. It's interesting what they're using to describe laws now... I wouldn't call that a Castle Doctrine personally, I'd just call it self-defense...
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  5. #5
    New Member Array otbdave's Avatar
    Join Date
    Jul 2008
    Location
    Columbus, OH
    Posts
    5
    I was always orginally confused as to how self-defense applies when someone breaks in to your home.

    They always include language such as you must have reason to believe that the invader intends to cause serious injury or to kill you.

    What if the intruder is there to steal my TV, not to kill me, would self defense apply? What it if seemed the intruder were unarmed? (obviously one could not know for sure) Is it shoot now, ask questions later?

    Our college house has actually been robbed twice, so this is especially important to me... I plan to get concealed carry as soon as I turn 21. (2 more months)

  6. #6
    Member Array DonnyDon's Avatar
    Join Date
    Jun 2008
    Location
    MA/NC
    Posts
    23
    Best way to go!

  7. #7
    Senior Member Array jualdeaux's Avatar
    Join Date
    Dec 2005
    Location
    Waponi Woo
    Posts
    1,045
    What the law does is transfer the burden of proof to the DA from you. In the past, and still until this goes into effect, you would have to prove that you were in fear for your life and your response was appropriate. Now, it will be assumed that it was self defence unless the DA can prove otherwise.

    As for your question otbdave, in your hypothetical situation, could the DA prove that you knew for a fact that he was unarmed?

    IANAL. But this is how I see it.
    Bend the knees, smooth is fast, watch the front sight.

  8. #8
    Lead Moderator
    Array rocky's Avatar
    Join Date
    Jan 2005
    Location
    MI
    Posts
    16,224
    Also this law protects the home/ vehicle owner from civil suits as long as they are found innocent in a criminal trial.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


    Nemo Me Impune Lacesset

  9. #9
    Distinguished Member Array tinkerinWstuff's Avatar
    Join Date
    Jun 2008
    Location
    Colorado Front Range
    Posts
    1,263
    Any mention of hotel rooms in there? Most hotels I travel to in Ohio have the forbidden gun sign on the door. Some states have laws treating hotel rooms like a person's home.

  10. #10
    VIP Member Array glock27mark's Avatar
    Join Date
    Dec 2006
    Location
    clinton township
    Posts
    2,170

    castle d. in ohio

    way to go ohio.
    (SHERIFF BUFORD T. JUSTICE) "what the hell is
    the world coming too"

    NRA LIFE MEMBER

    U.S. ARMY FT.SILL, OKLA.

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Ohio castle doctrine
    By atctimmy in forum The Second Amendment & Gun Legislation Discussion
    Replies: 21
    Last Post: June 10th, 2008, 08:08 PM
  2. Castle Doctrine In Ohio (Merged)
    By mdrotar in forum Concealed Carry Issues & Discussions
    Replies: 12
    Last Post: April 21st, 2008, 01:39 PM
  3. WV Limited Castle Doctrine Passed by Legislature
    By Paladin132 in forum Concealed Carry Issues & Discussions
    Replies: 4
    Last Post: February 29th, 2008, 07:21 PM
  4. Ohio Castle Doctrine Introduced
    By MeanStreaker in forum Concealed Carry Issues & Discussions
    Replies: 16
    Last Post: June 23rd, 2007, 05:51 PM
  5. Castle Doctrine passed in No Dak
    By Dakotaranger in forum The Second Amendment & Gun Legislation Discussion
    Replies: 2
    Last Post: April 13th, 2007, 02:05 AM

Search tags for this page

castle law and ohio hotels
,
castle law in ohio
,

castle law ohio amendment

,
how did castle law pass ohio
,
ohio castle amendment
,
ohio castle doctrine hotels
,

ohio castle doctrine ohio revised code

,
ohio castle doctrine orc
,
ohio castle law passed when
,

ohio revised code castle doctrine

,
ohio revised code castle law
,
orc castle doctrine
Click on a term to search for related topics.