CASTLE DOCTRINE EXPANDED?

The Ohio Legislature recently passed legislation and had to override a gubernatorial veto to balance the scales of justice for those who use force in self defense or defense of others. The law redefined terms including “residence.” “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest. Prior to this modification the law required that the person claiming self defense be the owner or permanent resident of the home in which deadly force was used. The new definition paves the way for a broader reading of castle doctrine in Ohio.

Presently, one who is a visiting guest may use deadly force to protect them-self or another when another person is breaking into or has broken into the dwelling.

Additional changes in the law place the burden of proof on prosecutors to disprove that deadly force was appropriate. Finally, Ohio is in line with the other 49 States in the Union.

As a former prosecuting attorney, it is good to see that the individual’s right to self defense is no longer a limited “affirmative defense,” as it had been for decades.

Hired Gun Tactical offer periodic “self defense law” courses. Contact us to schedule a course.

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