Home Law This is what Ohio’s proposed “Stand Your Ground” bill could mean

This is what Ohio’s proposed “Stand Your Ground” bill could mean

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A new “Stand Your Ground” bill could be coming to Ohio. Here’s what this bill could change.

A new bill passed by the Ohio House of Representatives would remove the requirement to retreat before using lethal force as self-defense. House Bill 228, nicknamed the “Stand Your Ground” Bill, was passed in mid-November.

What does ‘Stand Your Ground’ mean?

‘Stand Your Ground’ is defined in House Bill 228 as the right to use deadly force to protect oneself, one’s family, others, or property without retreating in a place one lawfully has a right to be. Essentially, this means people don’t have to attempt to retreat before using deadly force in self-defense. Currently, the use of deadly force without retreating is restricted to a person’s home, vehicle, or business.

Is this bill law yet?

No, House Bill 228 has only passed the Ohio House of Representatives. It will need to pass the Ohio Senate and be signed by Gov. John Kasich. Kasich said he would veto the Stand Your Ground Bill if it reaches his desk. But Ohio’s governor-elect, Mike DeWine — who takes office in January — said he supports Stand Your Ground legislation.

What else would this bill change?

House Bill 228 would also:

  • Shift the burden of proof to the prosecution in cases where the use of self-defense is in question
  • Remove the requirement to post “gun-free zone” signs at schools, airports, police stations, and other government buildings
  • Prevent landlords from creating leases that restrict legal firearms on a rental property
  • Stop local governments from passing gun laws or ordinances that differ from Ohio state law
  • Allow people or groups to sue local governments if they are adversely affected by a local gun law that does not abide by state law
  • Not force people with concealed carry handguns to keep their hands in plain sight during a traffic stop, if it is impractical to do so
  • Reduce several concealed carry violations from felonies to misdemeanors

Who voted on this bill?

Every Republican in the House except for Anne Gonzales (R-Westerville) voted affirmative on this bill; every Democrat except for Jack Cera (D-Bellaire) voted against the bill. Jay Edwards (R-Nelsonville), Athens’ state representative, also voted affirmative on the bill.

The final vote was 65-32.

What other states have ‘Stand Your Ground’ laws?

Twenty-five states have laws similar to House Bill 228, including Ohio’s neighbors Kentucky, Pennsylvania, Indiana, Michigan, and West Virginia.

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2 Comments

  1. Barry Hirsh

    November 29, 2018 at 11:54 AM

    Why is there no mention of the fact that greater-than-2/3 majorities exist in both houses to obviate a veto? If it passes both houses, Kasich becomes a footnote.

    Reply

  2. jack burton

    November 29, 2018 at 3:19 PM

    Welcome to the 21st Century

    Reply

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