Duty to Retreat Law in Ohio

[Howland937]

Apologies if this has been discussed already, but I didn't see it.
https://www.buckeyefirearms.org/duty-retreat-bill-passes-goes-governor-dewines-desk

In the last year or so, the Governor here has been promising "common sense" gun reform. This is on his desk now, so it'll be interesting to see how it's handled.

I'd have rather found a link that left out the political he said/she said part near the end and just discussed the legislation. If anyone has a better version, feel free to replace this one.

 

[glockgod]

I will be amazed if Govener Dewhine signs this!

 

[rtroha]

Here's the actual bill:

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-SB-175

Count on him vetoing it since his "gun safety" bill went nowhere.

https://www.statenews.org/post/dewine-hints-veto-stand-your-ground-bill

The bill will not be overridden as it passed 18-11 with three republicans voting against the bill. There are 32 senators and it requires a 3/5 majority to override a veto.

I'm ticked at the senate since they could have voted for HB 425 instead which would have removed the duty to notify for concealed carry licensees. Even if they pass HB 425 in today's session, I am afraid the house won't have time for the necessary concurrence vote. We may end up with no improvements to Ohio gun laws in this two year session which is about to end.

 

[Lennyjoe]

He’s also annoyed with Republicans because they were criticizing his Covid responses. He’s also sour about guns since the Dayton shootings so I’d expect him to veto.

 

[Howland937]

There's no doubt he's salty about the fact that his gun reform measures never got consideration in the legislature. I don't expect him to sign it, but at least there's been attempts to go in the right direction. Unfortunately the last 2 leaders of the executive branch havent lived up to expectations.

 

[alsaqr]

Governor DeWine signed the no duty to retreat bill into law.

Gov. DeWine signs 'stand your ground' legislation into law (msn.com)

 

[glockgod]

I'm amazed. A New Year miracle!!

 

[Howland937]

Yes. It is really surprising...I almost take back some of the not-so-nice things I may have said about him.

 

[Golfanaticshooter]

I shouldn't ask but the Governor said it. Is it too easy for dangerous criminals to get a gun in Ohio?

Rhetorical question, the Gov is probably just engaging in mealy-mouthed liberal fish-speak. I'm happy for the residents of Ohio.

 

[Howland937]

Rhetorical question, the Gov is probably just engaging in mealy-mouthed liberal fish-speak. I'm happy for the residents of Ohio.

The irony is, he ran against and defeated a Democrat in the gubernatorial election. He's always kinda gone whichever way the wind blows, but he's been worse since the shooting in Dayton last year.

 

[Jeff H]

In my heart, I didn't think he would veto it, but I'm surprised he signed it. I was thinking it would just run its days on his desk and become law .

I take back a couple of the bad things I've said about him lately. Just a couple.

 

[jag1954]

Well, good on him. 3 good reasons to be from the Buckeye state these past few days, OSU plays for the NCAAF Championship, the Browns make the playoffs for the first time in 18 years and DeWine signs 'stand your ground.'

 

[DoubleMag]

It's a step forward, but not the super duper as touted. Here's 2 takes on the same bill

Buckeye...

https://www.buckeyefirearms.org/governor-dewine-signs-duty-retreat-bill

Which they do say, it only changes one technical point yet article does not expound or expand much.

HERE'S the details...this site I have suggested to others wanting to know DETAILS of Ohio laws/rules/applications... applicable comment is towards the end of posts, consistent with this being a recent event...

https://ohioccwforums.org/viewtopic.php?f=3&t=93467&start=15

Or in brief...

''
And unfortunately, since there are no protections in the bill (like we were pushing for in the legislation we helped write that was a true "Stand Your Ground" bill), you are still subject to the whims of an overzealous prosecutor and to civil suits after the fact. Other than making it clear that there is no duty to retreat (and the civil immunity given to non-profits), the only change is to insert the following provision in ORC 2307.601 (C) and 2901.01 (C):

A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety. ''

My emphasis bolded

 

[Yosem.sam21]

I have seen several very sensible gun laws passed in the last several years. Meaning they tend to be loosening gun restrictions as far as CCL and similar laws. Ohio has been very conservative on these laws, though there is definitely opposition , for ex. on the no duty to stand ground, many libs feel this law will make things worse, where the perp will simply go out and make an assault then simply claim that is was in self defense. I dont feel that at all imo. Only time will tell, but for now it is a friendly state.

 

[Howland937]

The law still requires that imminent death or bodily harm must be threatened to justify use of force. All the opponents of Stand Your Ground in Ohio called it a "racist bill, which will disproportionately affect minorities".

I'm sure there's a reason why they believe that, but I never heard the reasoning behind it.

 

[rtroha]

The law still requires that imminent death or bodily harm must be threatened to justify use of force. All the opponents of Stand Your Ground in Ohio called it a "racist bill, which will disproportionately affect minorities".

I'm sure there's a reason why they believe that, but I never heard the reasoning behind it.

Since I watched the floor debate on the bill, I can tell you what one Democrat opponent said. She said many whites fear blacks and she claimed that a white person would use this "no duty to retreat" bill as justification for shooting a black person simply because they were afraid. It was obvious that most of these opponents have no clue how self defense laws work.

 

[Howland937]

Thanks for putting the context of their argument. Without it, the outward appearance was a head scratcher. My initial thought was that without duty to retreat, more aggressors could be harmed by their victims. The argument that minorities would bear the brunt of these effects seemed like they were insinuating that minorities were more likely to aggressors. Which seemed like a very racist stereotype by the people decrying racism.

 

[Kleanbore]

the only change is to insert the following provision in ORC 2307.601 (C) and 2901.01 (C):

A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety. ''

That would make the Ohio law the strongest kind of stand your ground law.