COLUMBUS - Gov. Ted Strickland yesterday bucked some law enforcement organizations by signing a bill giving would-be victims the benefit of the legal doubt when they harm or kill someone illegally entering their homes or vehicles.
"What this bill does is attempt to say clearly that an individual does have the right to protect themselves, and I think that's the way it ought to be," he said. The new law takes effect in 90 days.
The measure reverses current law, shifting the burden away from a would-be victim to prosecutors to prove by the preponderance of the evidence that he was not in reasonable fear of bodily harm when he used deadly force inside his home or vehicle. A legal resident of a home would no longer have a duty to retreat in such a situation.
"It is common-sense legislation," said the bill's sponsor, Sen. Stephen Buehrer (R., Delta). "It's going to make people feel safer in their homes and more able to conduct themselves in lawful ways when they go about the awesome responsibility of protecting their families."
Ohio joins about half of the nation's states with some form of "Castle Doctrine" on their books. Representatives of the National Rifle Association and concealed-carry proponents applauded after Mr. Strickland affixed his signature to the bill.
The measure faced opposition from law enforcement groups who objected either to the so-called "Castle Doctrine" or the number of amendments added to loosen restrictions on those licensed to carry hidden firearms in Ohio.The self-defense presumption "is perfectly legitimate in many cases, but it makes no distinction between those who are acting properly and those who are not," said John Murphy, spokesman for the Ohio Prosecuting Attorneys Association.
"We may have cases where the facts are not traditional self-defense, but this bill still applies to them," he said.
Mr. Strickland defended his support for the bill despite some law enforcement concerns.
"I'm not particularly happy that not everybody agrees, but I think by and large it was a successful effort to get a final product that will protect the rights of people to defend themselves in their homes and their cars and also bring about some very needed clarification of concealed-carry provisions that had been enacted previously," he said.
Among other changes, the bill allows a motorist who is legally permitted to own a gun in his home to also carry it in his vehicle in an unlocked glove box or a center console. The gun must be unloaded, but ammunition may be within reach.
Prior law required the gun to be holstered on the person in plain view or locked in the glove compartment or another box.
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