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 ...
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.
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
(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.
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
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)
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.
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
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.
way to go ohio.
(SHERIFF BUFORD T. JUSTICE) "what the hell is
the world coming too"
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U.S. ARMY FT.SILL, OKLA.