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Senate bill gives homeowners right to self-defense in Ohio
Prosecutors have to show owner was the aggressor against an intruder.
> Do you agree with the proposed changes in self-defense rules?
Thursday, April 17, 2008
COLUMBUS — In Ohio, the homes of men and women should be their castles and they have a right to defend them. That's the thrust of legislation the Senate passed Wednesday, April 16.
The Senate's version of the so-called "castle doctrine" — dating to the Middle Ages — gives you the right to defend yourself against an intruder in your home or car with a gun, baseball bat or anything else.
Extras
"A man's home is his castle. ... People have a right to defend themselves," said Sen. Stephen Buehrer, R-Delta, sponsor of Senate Bill 184.
You can do that now, but under current law it's up to you to prove you acted in self-defense. Senate Bill 184 puts the burden on prosecutors to prove you didn't act in self-defense "when using defensive force that is likely to cause death or great bodily harm."
"We changed the law to say that you have the presumption of having acted in self-defense and the burden is on the state to prove that you were not acting in self-defense," said Sen. Tim Grendell, R-Chesterland.
The vote was 31-0.
The bill also makes sure that an intruder or his or her relatives can't sue you if he or she is injured or killed while invading your home. Someone convicted of a crime in connection with the intrusion is already barred from filing suit, said Grendell.
A new provision bars a lawsuit even if the intruder hasn't been charged or convicted, Grendell said. The bill now goes to the House.
Gov. Ted Strickland supports the "castle doctrine" generally and is reviewing the legislation, said Keith Dailey, Strickland's spokesman.
Comments
By offivedyere
January 5, 2010 5:48 PM | Link to this
Where is a good place to sale my old wrecked car? Please help me by sugesting some sites or companies.
By Jan
April 8, 2009 11:33 AM | Link to this
I’m glad they passed that law, BUT, I am a woman, a friend of my brothers came into my house after being told prior to this and he grabbed me after we argued, I got arrested and am now being sued!
By Christol
March 31, 2009 4:16 PM | Link to this
It is truly a pleasure to have “the right to defend yourself/family” acknowledged by some form of government. I have reviewed several cases of burglary of which the criminal was seen as the victim. If we cannot protect ourselves from intruders, what else would stop the senseless crime from entering our lives?
By RickYF
September 12, 2008 7:29 AM | Link to this
I have been living in the country in Ohio now for almost 20 years and more often than not I am armed. I have heard too many horror stories of people’s homes being invaded and them being killed or maimed for nothing more than a few bucks or even just for laughs. It is about time that these criminals have the tables turned on them and that their lives are equally at risk when they come into my home. As far as I am concerned I have always had the right to defend myself and my property.
By RickYF
September 12, 2008 7:20 AM | Link to this
I used to live in the country PA and during the course of one year i had 24 breakins to my home. I started shooting target practice in my back yard and made it known to my neighbors that if I ever found anyone in my home I would shoot first and ask questions later and the subsequent year the breakins dropped to 1. It works. When these criminals realize that they are taking their lives into their hands for a few bucks worth of stolen stuff they begin to think twice about it.
By Angie
June 26, 2008 9:47 PM | Link to this
Thank you Ohio Senators! I am happy to hear that the victims are finally getting the support from our government. I look forward to seeing the crime rate drop in Ohio due to this bill. I only hope that the rest of our lawmakers will pass the bill as well. This will help all of the Ohio citizens who pay taxes feel safer. Keep up the good work!!!
By smf
April 21, 2008 4:04 PM | Link to this
I agree with Paul…
Especially with all the idiots who commit home invasions these days. Maybe they won’t do it if there’s a chance that they’re going to get their faces shot off by a homeowner protecting their children.
It’s sad when we feel we need to take the ‘law’ into our own hands. It’s sad when criminals get more rights and more opportunities (in jail) then the guy who works his butt off for everything he’s got.
By Bill
April 19, 2008 9:51 PM | Link to this
I think it’s great that I now have a right to defend myself and family against intruders who’s intent certainly isn’t legal. Why did it take our representatives this long to realize that when someone commits this type of crime they’ve given up their right to be safe. Hopefully those individuals that have to defend themselves come out on top.
By b.todd
April 19, 2008 4:10 PM | Link to this
WHAT??! The Ohio Senate has GRANTED me the RIGHT(?!) to defend myself??
What a horrible job of ‘journalism’.
By Paul
April 19, 2008 11:48 AM | Link to this
Bravo, Senate!! Anyone who breaks into the home of another IMMEDIATELY gives up every right they have! They better just pray the homeowner is merciful enough to simply wound them and not kill them. I’m all for SB 184…I’m sick and tired of the criminals having all the rights and the victims losing theirs. Keep up the good work!
By Mary
April 18, 2008 8:29 AM | Link to this
As a woman who lives alone and often travels alone, I totally agree with this law. Criminals need to be afraid of being killed or injured when breaking into a home or car. Their families should not benefit from a “Loss of wages” lawsuit when the “wages” were earned by committing felonies.
By jerry rhea
April 18, 2008 3:48 AM | Link to this
yes i agree
By jerry rhea
April 18, 2008 3:47 AM | Link to this
yes i agree
By Bill Horn
April 17, 2008 8:46 PM | Link to this
I lock all my windows and doors at night. If someone breaks in, I know that they are not there to wish me happy birthday. They had wanted to get in pretty bad. Sorry for your luck. Oh, by the way, I am a cop.
By Roy OSBORN
April 17, 2008 7:50 PM | Link to this
As a long time Christian, pastor and Navy / marine Chaplain, I contend that anyone breaking into a private home forfeits his/her right to live. Shoot first - and let someone else ask questions later! Roy
By Roy OSBORN
April 17, 2008 7:50 PM | Link to this
As a long time Christian, pastor and Navy / marine Chaplain, I contend that anyone breaking into a private home has forfeits his/her right to live. Shoot first - and let someone else ask questions later! Roy
By Roy OSBORN
April 17, 2008 7:50 PM | Link to this
As a long time Christian, pastor and Navy / marine Chaplain, I contend that anyone breaking into a private home has forfeits his/her right to live. Shoot first - and let someone else ask questions later! Roy
By Roy OSBORN
April 17, 2008 7:46 PM | Link to this
AS A LONG TIME CHRISTIAN, PASTOR AND NAVY/MARINE CHAPLAIN - I CONTEND ANYONE BREAKING INTO A PRIVATE HOME FORFITS HIS/HER RIGHT TO LIVE! SHOOT FIRST - AND LET SOMEONE ELSE ASK QUESTIONS LATER!
Roy
By Roy OSBORN
April 17, 2008 7:45 PM | Link to this
AS A LONG TIME CHRISTIAN, PASTOR AND NAVY/MARINE CHAPLAIN - I CONTEND ANYONE BREAKING INTO A PRIVATE HOME FORFITS HIS/HER RIGHT TO LIVE! SHOOT FIRST - AND LET SOMEONE ELSE ASK QUESTIONS LATER!
Roy
By Urbana
April 17, 2008 6:51 PM | Link to this
Great! this is the way it should have been all along!! I shouldnt have to worry about a lawsuit for protecting my faimly and what I have worked for...especialy from a lazy theif or intruder. As far as their faimly goes "sorry about your luck" your relative was doing wrong you shouldnt get compensated for it.
By Double-aught
April 17, 2008 5:27 PM | Link to this
Law or no law making it ok, anyone breaking into my home while I am here is going to feel the business end of whatever gun I can reach first. Strickland can ok it or not, I don’t give a damn. Way to go, Senate!
By treehoe
April 17, 2008 4:42 PM | Link to this
why was this ever an issue?no brainer
By Realistic_1
April 17, 2008 4:19 PM | Link to this
I have always held the view that anyone breaking into my home to do me or anyone in my home harm, is being done at their own peril and I would use any force to protect myself. It is about time thugs and law breakers learn that citizen will not tolerate this type of behavior. Our leaders are finally thinking about their Constituents.
By Realistic_1
April 17, 2008 4:18 PM | Link to this
I have always held the view that anyone breaking into my home to do me or anyone in my home harm, is being done at their own peril and I would use any force to protect myself. It is about time thugs and law breakers learn that citizen will not tolerate this type of behavior. Our leaders are finally thinking about their Constituents.
By Lee
April 17, 2008 3:12 PM | Link to this
WONDERFULL….It’s about time..That is what protecting you and yours is all about..No reprocussions. If someone enters your home or car without an invitation, I am sure they are not bringing you a Welcome Basket. You work hard for what you got, and it is only human to protect what is yours.
By reggie98ud
April 17, 2008 2:07 PM | Link to this
What do you know? The victims may finally have more rights than the criminals!! I am a bit nervous about the response from “Steady” Teddy’s office. He basically said he supports the idea but won’t support law until he reviews it. This is code for I’m going to find something wrong with it so I can make the left wing gun-haters happy. Leave it to a Democrat to kill good legislation like this.
By Colt 45
April 17, 2008 1:57 PM | Link to this
Great. This should be the law. Every homeowner should have the right to use force against an intruder without fear of a lawsuit from the intruders worthless relative.
By Bear
April 17, 2008 1:47 PM | Link to this
About time, but then again, I have never been shy about defending myself or mine and won’t be, no matter the laws addressing it.