Shawnee
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It's about time !
from the Dayton newspaper.....
Self-defense law will change Tuesday
By Kyle Nagel Staff Writer
Monday, September 08, 2008
For years, gun rights advocates have stressed to lawmakers the importance of protecting the home, sometimes with even deadly force.Beginning Tuesday, Sept. 9, those defenders will get the benefit of the doubt. As part of several concealed carry law updates scheduled to take effect, Ohio will adopt a version of the Castle Doctrine, which states that a person using force against an intruder in the home or car is presumed to have acted in self-defense.Gun rights advocates say the law is a long time coming, while prosecutors are concerned that the trying of such cases will be more difficult.Currently, if a criminal case comes from such an incident, the person who used force must prove it was self-defense.Under the Castle Doctrine — already in effect in several states and named for the centuries-old theory that a person must protect his or her property (or castle) — it will be the prosecutors' job to prove it wasn't self-defense, which all admit is a much more difficult task."Right now, if someone breaks into your house tonight and waves a knife at you and you shoot them, you have to prove their intent," said Jim Irvine, chairman of the Buckeye Firearms Association, a state gun rights advocacy group."They're saying, 'Was their intent to sell you knives, or to kill you? Well, prove it.' That's what is going to change," Irvine said.Contact this reporter at (937) 225-7389 or [email protected]
Castle DoctrineS.B. 184 states that the law, the Castle Doctrine, will "create a rebuttable presumption that a person acted in self-defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of entering or has entered, unlawfully and without privilege to do so, the residence or vehicle occupied by the person using the defensive force."
from the Dayton newspaper.....
Self-defense law will change Tuesday
By Kyle Nagel Staff Writer
Monday, September 08, 2008
For years, gun rights advocates have stressed to lawmakers the importance of protecting the home, sometimes with even deadly force.Beginning Tuesday, Sept. 9, those defenders will get the benefit of the doubt. As part of several concealed carry law updates scheduled to take effect, Ohio will adopt a version of the Castle Doctrine, which states that a person using force against an intruder in the home or car is presumed to have acted in self-defense.Gun rights advocates say the law is a long time coming, while prosecutors are concerned that the trying of such cases will be more difficult.Currently, if a criminal case comes from such an incident, the person who used force must prove it was self-defense.Under the Castle Doctrine — already in effect in several states and named for the centuries-old theory that a person must protect his or her property (or castle) — it will be the prosecutors' job to prove it wasn't self-defense, which all admit is a much more difficult task."Right now, if someone breaks into your house tonight and waves a knife at you and you shoot them, you have to prove their intent," said Jim Irvine, chairman of the Buckeye Firearms Association, a state gun rights advocacy group."They're saying, 'Was their intent to sell you knives, or to kill you? Well, prove it.' That's what is going to change," Irvine said.Contact this reporter at (937) 225-7389 or [email protected]
Castle DoctrineS.B. 184 states that the law, the Castle Doctrine, will "create a rebuttable presumption that a person acted in self-defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of entering or has entered, unlawfully and without privilege to do so, the residence or vehicle occupied by the person using the defensive force."
