Castle Doctrine: It's not just for gun owners

Ask someone to define the term "Castle Doctrine," and you will get a variety of answers, in part because, like "Stand Your Ground," it is a marketing term used to describe a variety of self-defense laws in various states around the country.

It is likely, however, that the varied definitions will likely contain a common theme - one involving the use of a firearm to defend oneself. While the laws typically say nothing about the particular tools that one may use in a self-defense incident, the misunderstanding likely comes from the fact that pro-gun rights groups are, if not the only, certainly the most vocal proponents of such laws when they are being debated.

The fact is, when it was passed in 2008 and signed into law by then-Governor Ted Strickland (D), Ohio's Castle Doctrine Law (SB 184) made significant practical improvements for ALL Ohioans - not just gun owners.

This fact came to mind as I read about a home invasion that occurred in the Hamilton, Ohio last month.

From WKRC (CBS Cincinnati):

Police confirmed the fatal stabbing of a man in a Hamilton apartment building was self-defense.

The victim was identified as 24-year-old Antonio Heath from West Chester. Heath was found stabbed at the Princeton Square Apartments on Hampshire Drive at 4:30 Thursday morning. A window in the apartment had been smashed.

Officials were called to the apartment complex for a possible fight. When they arrived they found Heath stabbed to death. He was not a resident in the apartment where he was found.

Neighbor Michael Barger said, "One of their friends was staying the night. He said that there was someone at his window just posting at his window. And then all of a sudden I, they said that they went outside to see who it was and they made them, basically shoved them, back into their apartment."

Police spent much of the day investigating and piecing together what happened in the apartment.

It is important to note that the victim in this case was not, as WKRC labeled him, the criminal who was stabbed after breaking into the occupied dwelling of another. The victim is the person who was forced to defend his own life. And thanks to Ohio's Castle Doctrine law, this person did not have to be victimized a second time, as some have been before SB 184 became law, by an overzealous prosecutor.

That's because, under Ohio's Castle Doctrine law, if someone unlawfully enters or attempts to enter an occupied home or temporary habitation, or occupied car, citizens have an initial presumption that they may act in self defense, and will not be second-guessed by the State.

It is important to note that this section does not apply simply to those with a concealed handgun license (CHL), or just those who have a gun, but to all law-abiding citizens who are victims of a violent crime. No matter how you choose to defend yourself, this law is important to you.

Before using deadly force you must establish that you did not create the situation and you must be at risk of death or great bodily harm. It is generally agreed that to satisfy that risk, your attacker must have the ability, opportunity and intent to do you arm. All three elements are required to exist at the same time for you to be justified in use of deadly force.

SB 184 established that all of these are presumed to be satisfied if someone unlawfully enters, or is attempting to enter your occupied home or car.

Note also that this is not a “get out of jail free” card for criminals. This presumption may be challenged and overcome if the prosecution can prove with a preponderance of the evidence that it should not apply. (It does not prevent the arrest and prosecutions where overwhelming evidence indicates that it was not a self-defense situation.)

Another important aspect of SB184 that was a benefit to all law-abiding Ohioans came in the form of civil protections. Under Ohio law, a criminal (or a deceased criminal's family) is no longer able to successfully sue you for damages he sustained while committing a felony or a violent misdemeanor, including injuries sustained as a result of your intentional acts (shooting, stabbing, clubbing, etc.) while engaged in self-defense.

Ohio's "Castle Doctrine" law made much-needed reforms to the state's self-defense laws, and none of the wild predictions of the anti-self-defense rights extremists have come to pass. It is time to finish the job. When they return from summer recess, legislators should act quicky to pass HB 203 (Concealed Carry & Self-Defense Law Reform).

Chad D. Baus is the Buckeye Firearms Association Secretary, BFA PAC Vice Chairman, and an NRA-certified firearms instructor. He is the editor of BuckeyeFirearms.org, which received the Outdoor Writers of Ohio 2013 Supporting Member Award for Best Website.

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