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'Castle Doctrine' law defends those who defend themselves

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.