June 9, 2008

Ohio: Senate Passes “Castle Doctrine” Legislation

Senate Bill 184, Ohio’s “Castle Doctrine” legislation, recently passed out of the State Senate by a vote of 25 to 7. This legislation now heads to the governor for his signature.

Governor Ted Strickland (D) has already voiced his support for SB 184 and is expected to sign this legislation into law within the next couple of weeks.

Under current Ohio law, if a person is attacked in their home, in general they have a duty to retreat before using deadly force against an intruder. The law also requires victims to prove in court they acted out of fear of serious physical harm or death.

State Senator Steve Buehrer sponsored the bill, which will restore the right of individuals to respond with force in defense of their lives and family, and immunize the victim from civil lawsuits by criminals or the criminal’s family.

SB 184, sponsored by State Senator Steve Buehrer (R-1), will restore the right of individuals to respond with force in defense of their lives and family, and immunize the victim from civil lawsuits by criminals or the criminal’s family.

Senate Bill 184 creates the presumption that a person acted in self-defense unless proven otherwise in court. This is an important change to the law because it puts the burden on a criminal to prove they were not in a person's home to cause harm.

Included in SB 184 are several pro-gun amendments, which remove restrictions on carrying an unloaded firearm in a vehicle, protect the ability to store a firearm in a locked vehicle in privately owned parking facility, and the protect law-abiding gun owners from government gun confiscation during a state of emergency.

www.legislature.state.oh.us

Comments (5)

Castle Doctrine should be a Federal Law as well as Concealed Carry. One license for all 50 states and no fee except for fraudulent application. Someone explain why we have to pay to exercise a Constitional right. Stiff sentences and enforcement of existing laws is the answer to gun crime not restriction of the rights of Law-Abiding citizens. The right to life and to defend it is God-given not legislated by scaredy pants legislators, who don't live in the real world where we all don't have armed guards provided by tax dollars extorted from Law-Abiding citizens.

Posted by: TBILL | June 17, 2008 11:18 PM    Report this comment

The "Castle Doctrine" became effective in Texas last September. It was long overdue! Now, we need some US Congressional types to sponsor a "National Castle Doctrine" law with
a reciprocation law for all states that have
"shall issue" concealed carry laws.

Posted by: canovack | June 11, 2008 10:32 PM    Report this comment

Kind of makes me glad to be a buckeye.

Posted by: JOHN J | June 11, 2008 6:12 PM    Report this comment

Isn't that novel....you really think a criminal should have to prove that when they illegally entered a persons home they were not trying to cause harm.....Give me a break....what were they there for.... to bring gifts. This shouldnt be up to state law, it should be national. Lets start worring about the rights of those being attacked and put the burden of proof on the criminal for a change.

Posted by: donba27 | June 11, 2008 5:35 PM    Report this comment

A good common sense law is finally passed in Ohio.

Posted by: G | June 11, 2008 3:45 PM    Report this comment

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