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'Castle Doctrine' law defends those who defend themselves

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September 10, 2008

by Marc Kovac

Capital Bureau chief

Columbus -- Ohioans woke up Sept. 9 with added legal protections against crooks who break into their homes or cars, via a new law that protects residents who use force to stop such intrusions.

"The Castle Doctrine," passed by lawmakers and signed by Gov. Ted Strickland earlier this year, provides legal protection -- that is, a presumption that they acted in self-defense -- for individuals who use force to thwart others who have entered their homes, businesses or vehicles unlawfully.

Under existing law, residents defending their homes against intruders must prove the perpetrators were close enough to do them harm and intended to do harm.

The new law reverses those roles, forcing criminals to prove they did not intend to harm occupants.

Another provision covers acts of self-defense in homes or elsewhere and prevents criminals from seeking civil recourse if injured while attacking others.

Lawmakers also added a number of amendments clarifying the state's concealed carry laws, including provisions related to the transport of firearms in vehicles and requirements for law enforcement to hold and return weapons that are seized.

Sen. Steve Buehrer (R-Delta), primary sponsor of the legislation, worked on the bill for several years and a couple of general assemblies. He called its passage and implementation a victory for law-abiding citizens.

"I think it's a great victory not only for people who support Second Amendment issues, but people who simply want to feel safer in their homes, safer in their communities," he said.

Marc Kovac is the Dix Newspapers Capital Bureau chief. E-mail him at mkovac@dixcom.com.




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    Posted by LeoQuestions September 12, 2008
As a Michigander who occasionally travels through Ohio, and also teaches monthly Michigan CCW classes as a volunteer, I have followed the Ohio CCW developments whenever I come across them.

Stopping at a Day's Inn last week I found posted at the desk a warning about firearms that seems to exclude any firearm from being on their property, seemingly even if locked in a vehicle. There is no obvious exclusion for hunting, target, or collectibles, only a vague reference to "Unless otherwise authorized by law..."

NOTICE IT IS ILLEGAL TO CARRY A FIREARM, DEADLY WEAPON OR DANGEROUS ORDNANCE ANYWHERE ON THESE PREMISES. Unless otherwise authorized by law, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon, or dangerous ordnance onto these premises. Posted pursuant to the Ohio Revised Code.

Is this a standard posting determined by Ohio's code? Can we transport the usual hunting firearms etc., if properly locked in the trunk, or how about handguns unloaded and locked in a container in the trunk, allowed in Michigan, as is allowed under Federal law?

The clerk believed that all motels in Ohio have the rule, but across the street was a Super-8 we stayed in a week later, no such sign in sight. Super-8 even had a fridge, microwave, in-room wireless, and even lower cost!

We have taught students that a motel room is our legal overnight home, so take the handgun into the room. We once stayed at a Michigan Holiday Inn next to a family with a violent argument carried far into the night. Many phone calls were made, even called the local police in case I was confronted in the morning by the ass raising the ruckus. I was an active police officer then, but did not carry on that trip.

Tourists need a website listing firearms-friendly accommodations.

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