On January 4, 2021, Ohio Governor Mike DeWine signed a bill called “stand your ground” into law. The law gives Ohioans who have to defend themselves or their families more legal rights.
Before, the law said that someone could only hurt or kill someone in self-defense after that person had tried to run away, unless they were protecting their home or car.
The new rule gets rid of the “duty to retreat” as long as a person is legally where they are supposed to be. But it does not change the rules for when to use deadly force.
What Is Allowed—and What Is Not—Under New Stand Your Ground Law
Ohio law, as it stands until April 4, 2021, only allows people to use serious force in self-defense in the following situations:
- They were not at fault in creating the situation;
- There was a threat of imminent or immediate death;
- There was a not a reasonable means of retreat; and
- The use of such force was reasonable.
In Ohio, it is assumed that a person is acting in self-defense when they use force against someone who breaks into their home or car without permission.
The new rule gets rid of the “duty to retreat” as long as a person is legally where they are supposed to be.
“Stand Your Ground” laws in Ohio start on April 4, 2021. If and when it does, Ohioans will be able to use deadly force in self-defense in the following situations:
- The person is not the aggressor
- The person believes they are in imminent danger of death or great bodily harm
- The person is in a place where they have a legal right to be (i.e., they are not trespassing)
Cleveland.com says DeWine signed the bill to clear up a “certainty in Ohio’s self-defense law.”
In a statement, DeWine said, “I have always thought it was important for law-abiding citizens to have the right to legally protect themselves when they are in a life-threatening situation.”
“Crimes can happen quickly and from nowhere.” “Most victims only have a split second to decide what the best thing is to do to stay alive,” said John Weber, state head for Ohio for the National Rifle Association Institute for Legislative Action (NRA-ILA). “Gov.
DeWine made sure the law helps victims, not criminals, by signing SB 175”
The new law makes Ohio’s self-defense rules stronger, but it does not mean you can use a gun against someone else. If you shoot someone and it is not for self-defense, you could be charged with a crime.
But because of a law that was passed in 2019, the state has to show that what you did was not self-defense.
Duty to Retreat Will No Longer Be a Factor in Self-Defense Cases
The 36th state to pass “stand your ground” laws is Ohio. Senate Bill 175 did not include getting rid of the duty to retreat at first. The Ohio House of Representatives added that part in December 2020, and the Ohio Senate agreed with it.
It was then added to the final bill that was sent to DeWine. The law makes it clear that:
A judge or jury cannot look at the possibility of retreat when deciding if someone who used force in self-defense, defense of another person, or defense of that person’s home had a good reason to think that the force was needed to avoid harm, loss, or a threat to life or safety.
That is, until the new rule is made official, you will have to show that you could not get away if you are charged with shooting someone in self-defense.
But as of April 4, you will not be legally forced to try to escape before killing someone. According to the Buckeye Firearms Association, the new rule expands Ohio’s “castle doctrine,” which said that you were no longer required to hide in your home or car, but not in other places.
Know Your Rights. Talk to a Zanesville Ohio Criminal Defense Lawyer
Choosing to use a gun for self-defense is never an easy choice. The case will almost certainly end up in court if you do that. Even if the law is on your side, you may still need the help of the criminal defense lawyers at Graham Law to protect your rights and keep your freedom.
