Ohio: Senate Passes “Castle Doctrine” Legislation

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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.

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

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