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Page Hometown » Ohio
Posted: 3/6/2006 6:01:37 PM EDT
[Last Edit: 3/6/2006 6:02:57 PM EDT by home_with_kids]
A thread in Team forum raised this question:

the thread: http://ar15.com/forums/topic.html?b=1&f=75&t=443441

link

Synopsis: team member Aim4MyHead stated he interrupted a guy getting attacked by a woman with a hammer (in Florida). An phone call to (I suppose 911) did not result in a police response. I commented that in Ohio pulling your gun would get you arrested if you were not in immediate danger.
Team member walther_gsp disagreed with me, stating that you have the right to defend a third party (I think this is what he said, it depends on how you interpret his statement).

So the Question:

Does Ohio law permit you to intercede with a firearm (concealed carry, presumably) to come to the aid of a third party who is in immediate danger?

For example, if a UDF was being robbed at gunpoint as you drove up, would you face prosecution if you interceded and held the robber at gunpoint? How about if you actually had to shoot the robber?

Thanks in advance.
Link Posted: 3/6/2006 6:19:47 PM EDT
Yes you can. There are several issues that you have to be right about, however.

Read all about it from the Attorney General's CCW Guide
Link Posted: 3/6/2006 6:21:53 PM EDT
[Last Edit: 3/6/2006 6:22:32 PM EDT by walther_gsp]
As I stated before, you can use lethal force to defend another if they are justified in using lethal force themselves. This is clearly spelled out in the law and in the pamphlet from the AG's office. I have about 3 dozen of those booklets here, I'd be happy to highlight the passage and send one to you.
Link Posted: 3/6/2006 6:33:46 PM EDT
I have read through the pamphlet SWO_Daddy linked to.

It looks like you have to be damn sure that the third party has reason to use deadly force to defend themselves.

Money quote: "if you misinterpret a situation and interfere, you may face criminal charges because your use of deadly force is not justified. If you do non know all the facts and interfere, you will not be justified to use force. It does not matter that you mistakenly believed another was in danger and not at fault" (my italics).

So, I was right and wrong at the same time. But clearly I did not understand the law fully. Thanks for the updates SWO-D and w_gsp.
Link Posted: 3/6/2006 6:37:41 PM EDT
Basically what is says is this:

1) If you walk onto one guy beating the shit out of the other, walk on by and call the cops.

2) If you see a masked gunman sticking up a place, release batteries.
Link Posted: 3/6/2006 6:41:47 PM EDT
Except at UDF, because, you know, they don't want guns in there.....


I know, shoot through the glass!
Link Posted: 3/7/2006 2:24:25 AM EDT
I better damn know the facts and circumstances before I come to the aid of another. No sense of opening up myself to liability. If your not 100% sure, make a good witness
Link Posted: 3/7/2006 2:48:02 AM EDT

Originally Posted By home_with_kids:
Except at UDF, because, you know, they don't want guns in there.....


I know, shoot through the glass!



You're right. If carrying in a place like that (I know, it's technically illegal, but IDGAF), I would not draw unless I needed to defend myself. The rest of the place can get screwed.
Link Posted: 3/7/2006 9:04:43 AM EDT
example.. the "pizza guy beating" from akron on video... a ccw in there had every leagle right to draw dwon on that guy, and if he didnot stop the beating or moved towrds the ccw, should have been shot..

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