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Ohio Considers Self-Defense Law Changes

10/21/2013

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Picture
Submitted by cbaus on October 11, 2013 - 8:00am.     

Editor's Note: - The following "Law You Can Use" Consumer Information
Column, written by Buckeye Firearms Association Legal Chair Ken Hanson, is being provided by the Ohio State Bar Association to news outlets across the state.  It has already been published at Akron.com.


Q: I've been hearing about "stand-your-ground" laws in the news. What does Ohio law say about using lethal force in a self-defense situation?

 A: In Ohio, if you use lethal force in self-defense you must prove, by a  "preponderance” (greater weight) of the evidence, that you were properly acting  in self-defense. Under current law, in order to act in self-defense, you must  prove: 1) you were not at fault in creating the situation; 2) you had an honest
belief and reasonable grounds to believe that you were in imminent danger of suffering serious physical harm or death, and that the only reasonable way to stop or avoid the attack was to use lethal force; and 3) you did not violate any duty to physically retreat from the situation.

 Q: When might I be "at fault in creating the situation?"

A: A court would consider you to be at fault if you created the situation,  unnecessarily prolonged it, or escalated the amount of force involved. In other words, you cannot claim self-defense if you started the fight, or if you continued fighting after the other party tried to stop or abandon the fight, or if you escalated the force involved by, for example, pulling a gun in a fistfight.

Q: How does a court decide whether I had reasonable grounds to believe
that I was in imminent danger?



A: Whoever is examining your claim of self-defense, whether it is the first  police officer on the scene or the last juror, "steps into our shoes," taking  into account your age, gender, physical condition, medical condition, training,  etc., and looks at the objective facts to determine if you were reasonable in
concluding (your "honest belief") that you were in imminent danger of serious physical harm or death.

Q: Why would I have to prove that the only reasonable way to stop or avoid the attack was to use of lethal force?


A: The law considers the taking of a human life to be a last resort. To claim self-defense, you must establish that the only reasonable way you could have stopped or avoided the attack was to use of lethal force. In the law, this is sometimes called a "last resort" test.

Q: What is the "duty to physically retreat?"

A: Before using lethal force, the law says you must physically retreat from the situation, if you can do so without taking unreasonable risks. However, the law does not require you to physically retreat from your own residence, place of business or vehicle.

Q: What is a "stand-your-ground" law?

A: Typically, "stand your ground" is a phrase used to describe a self-defense law that does not require a duty to physically retreat in a threatening situation. This term is specific to each state's law, and in some states "stand your ground" describes laws that go farther to protect self-defense rights than
just removing a person's duty to physically retreat.

Q: What changes is Ohio considering to its self-defense laws?

A: Ohio legislators are considering House Bill 203, which would entirely remove the duty to try to physically retreat from the situation. The proposed legislation also states, affirmatively, that a person does not have a duty to retreat as long as that person is someplace where they may legally be present.
If H.B. 203 passes, you would have to prove, by a "preponderance of the evidence" that, in using lethal force against another person, you were properly acting in self-defense. Specifically, you would have to prove that: 1) you were not at fault in creating the situation; and 2) you had reasonable grounds to
believe and an honest belief that you were in imminent danger of suffering serious physical harm or death, and that the only reasonable way to stop or avoid the attack was to use lethal force. If this bill passes, you would no longer have a duty to physically retreat from the situation, as current Ohio law
requires.

This "Law You Can Use" column was provided by the Ohio State Bar Association. It was prepared by attorney L. Kenneth Hanson, of counsel at Firestone, Brehm, Wolf, Whitney and Young LLP in Delaware. Articles appearing in this column are intended to provide broad, general information about the law.
Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.


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Franklin County Concealed Carry Permit Office

4/23/2013

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If your looking to get your Concealed Carry permit in Franklin County, here are a few tips you need to know before you schedule your visit.  Also, if you already scheduled your CCW class or in the process of selecting your date, you may want to make your next call to the County to schedule your appointment.  As of April 22, 2013 they are several weeks out with appointment's. 


Concealed Carry Permit - Concealed Carry Permit Office
410 South High St.
Columbus, Ohio 43215
(614) 525-5090

Business Hours Monday through Friday 8:00am till 2:00pm
Closed Saturday, Sunday and all Legal Holidays

Applications are accepted by appointment only. To schedule an appointment, call the Concealed Carry Office. Emergency Applications do not need appointments

How to ApplyTo qualify for a CCW in Ohio, you must:
  • Be at least 21 years of age.
  • Be an Ohio resident for at least 45 days.
  • Be a resident of your home county for at least 30 days.
  • Complete the required 12-hour course to obtain your Certificate of Competency.


Do NOT bring a firearm with you when applying for or picking up your license!

To obtain a Concealed Carry Weapon's (CCW) permit, first-time applicants must:
  • Make an appointment with the concealed carry office (614) 525-5090 8:00am to 2:00pm Monday - Friday.
  • Be a resident in Franklin County or an adjacent county for 30 days and Ohio for 45 days.
  • Fill out an application completely to include your address dating back to the age of 18.
  • Have a color photo, passport size 2"x2", taken within 30 days (many photo shops, drug stores, groceries, and similar businesses that handle photo development may be able to help you obtain this size photograph).
  • Have a valid identification, driver's license, state I.D., or passport.
  • Pass a criminal background check and mental competency check.
  • Have an original Certificate of Competency or Prior Equivalent Documentation (We do not Keep the Certificate).
  • Pay the non-refundable fee (cash, exact change only, cashier's check, or money order):
    • $67.00 New
    • $50.00 Renewal
    • $37.00 Emergency
    • Additional $24.00 for a FBI Background Check (If not an Ohio resident for last 5 years.)
  • Submit to having your fingerprints electronically scanned or inked and rolled onto a card.
If you are a Franklin County Renewal, you will only need the following:

  • An appointment
  • Application filled out
    • 2x2 photo not require
    • Previous address portion not required to be filled out
  • Your CHL permit
  • Valid identification
  • $50.00 Renewal fee
If you are a Renewal from another county in Ohio, you will be treated as a new applicant, but will be charged the Renewal fee.

If you have ever been prohibited from having a weapon under ORC Section 2923.125, you must provide court documentation granting relief for disability.

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March 2013 sees a 26.3% increase over last Year

4/16/2013

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The March 2013 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 1,501,730 is an increase of 26.3 percent over the NSSF-adjusted NICS figure of 1,189,152 in March 2012. For comparison, the unadjusted March 2013 NICS figure of 2,197,116 reflects a 28.1 percent increase from the unadjusted NICS figure of 1,715,125 in March 2012.

This marks the 34th straight month that NSSF-adjusted NICS figures have increased when compared to the same period the previous year.

The adjusted NICS data were derived by subtracting out NICS purpose code permit checks used by several states such as Kentucky, Iowa and Michigan for CCW permit application checks as well as checks on active CCW permit databases.

Though not a direct correlation to firearms sales, the NSSF-adjusted NICS data provide a more accurate picture of current market conditions. In addition to other purposes, NICS is used to check transactions of firearms sales and transfers on new and used handguns and long guns.

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