In January 2021, Ohio Governor Mike DeWine threw his signature on the “stand your ground” bill, making Ohio the 36th state to rev up this law. This move beefed up protections for Buckeye State folks who need to stand their ground to protect themselves or their families.
Under the current law, if someone unlawfully invades your home or vehicle, Ohio’s got your back. You’re legally presumed to be defending yourself if you use force. No more first needing to make a run for it before defending yourself, as long as you’re in a spot you’re legally allowed to be. This is called the “duty to retreat”, and it was yanked from the bill by the Ohio House in December 2020. After that, the bill given the green light by the Senate before DeWine signed it off. The law explicitly states:
“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.”
The law as it stands now expands upon Ohio’s “castle doctrine”, which is the legal presumption that a person acts in self-defense when he or she uses force against anyone who unlawfully enters his or her residence or vehicle. You do not have a duty to retreat before using force against people who are unlawfully inside your space.
The law kicked in on April 4, 2021, and it means you can now use deadly force in self-defense if:
- You’re not the one starting trouble.
- You genuinely think you’re facing imminent death or severe harm.
- You’re in a place you’re legally allowed to be (no trespassing). But don’t get it twisted—this isn’t a carte blanche to fire your weapon. Shoot someone without just cause, and you could still be looking at criminal charges. Thanks to a 2019 law, the state has to prove your actions weren’t self-defense. Drawing your firearm in self-defense is no small decision. If you go that route, be ready for a courtroom showdown. Even with the law on your side, you’ll need a top-notch lawyer to ensure your rights are protected and your freedom stays intact.
– Camille
