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Posted: 10/5/2004 9:02:17 AM EST
[Last Edit: 10/5/2004 9:16:36 AM EST by Yojimbo]
See this quote from the Ohio CCW pamphlet page 20, paragraph two.

In Ohio, there is no duty to retreat from ones own home. There is no duty to retreat if there is no manner by which you can retreat safely. However, being in one's own home is not a license to use deadly force against an attacker. The person who is attacked in his own home, without fault of his own, may stand his ground and use deadly force only if he reasonably and honestly believed that deadly force was necessary to prevent serious bodily harm or death. If the person does not have this belief or he created the confrontation, he can not use deadly force and must leave the situation, even if he is in his own home.

What do you guys think? Does anyone know that actual Ohio law that pretains to this issue?
Link Posted: 10/5/2004 11:06:39 AM EST
I think the Castle Doctrine is in effect in Ohio but you still have to be able to prove the other 3 things to a jury to be sure.

1. The Slayer was not at fault for creating the situation giving rise to the event or occaision.

2.The Slayer must have a bonafide belief that he was in eminent danger of death or great bodily harm and that his only means of escape was the use of lethal force.

3.You did not violate your duty to retreat or avoid the danger. The exception being the castle doctrine- if you are in your own home your back is already up against a wall and trying to retreat or escape would put you in more danger.

The Assistant County Prosecutor that spoke at my CCW class stressed those 3 things need to be proven to a jury to not be charged. So he pretty much restated everything in the CCW pamphlet
He also stressed things like the "reasonable man standard" and use reasonable force but "shoot to stop the threat" would also help you out.

Even if I didn't meet all those criteria for some reason and my life was about to be threatened I would rather be judged by twelve than carried by six. Those situations escalate so fast I would really be surprised if anyone would remember all that when bullets are flying.
Link Posted: 10/5/2004 11:11:17 AM EST
[Last Edit: 10/6/2004 11:09:57 AM EST by Yojimbo]
Makes sense to me, thanks Perfectforce.
Link Posted: 10/6/2004 4:19:22 AM EST
wrong on a 1 big point...


in your house, you have NO duty to retreat...

zero.. none...

all you have to say, is that you felt your or your familes lives were in danger, and make sure at the end of the day, there is only 1 side left to tell the storry

Link Posted: 10/6/2004 4:23:46 AM EST
chl book page 21



In Ohio, there is no duty to retreat from one’s own home.
There is no duty to retreat if there is no manner by which you can
retreat safely. However, being in one’s own home is not a license
to use deadly force against an attacker. The person who is
attacked in his own home, without fault of his own, may stand his
ground and use deadly force only if he reasonably and honestly
believed that deadly force was necessary to prevent serious bodily
harm or death. If the person does not have this belief or he created
the confrontation, he cannot use deadly force and must leave the
situation, even if he is in his own home.

Page Hometown » Ohio
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