From the Statehouse 2008 No. 19
by Jennifer Garrison
Jun. 7, 2008
From the Statehouse: June 6, 2008
Your and your family’s safety is a top priority to me as your State Representative. I strongly believe in the rights of people to defend themselves and their loves one in their homes. You will soon have new protections in that regard because of Senate Bill 184.
The “Castle Doctrine,” as this legislation is better known, presumed that a person is acting in self-defense or in the defense of another when using significant or potentially deadly force if the target of that force is in the process of unlawfully entering or has unlawfully entered a residence or vehicle occupied by that person.
The legislation applies no matter what legally-owned weapon an individual uses. This provision is founded on the principle that a person’s home is his or her castle, and inherently they should be entitled to defend it. The bill modifies the already-recognized common law “castle doctrine” so that a person who is lawfully in their residence has no obligation to retreat before using force in self-defense or in defense of another.
This legislation further defines the extent to which defensive force is considered self-defense, especially when it involves the violation of property boundaries. I believe in basic self-defense rights for law-abiding Ohioans, and I am proud to have co-sponsored this important piece of legislation as it passed out of the House by a wide margin, including my “yes” vote.
The Ohio House amended the bill to make several needed updates to Ohio’s concealed carry laws. These changes protect law-abiding gun owners who are licensed to carry a concealed weapon in a number of ways.
We needed to clarify current law with common sense changes being more specific about where a concealed carry permit holder can lawfully carry his or her weapon. There are also provisions included to address firearms laws for all citizens in terms of transporting an unloaded handgun and forbidding the seizure of weapons by law enforcement during an emergency.
This language was necessary because similar language in the original concealed carry law left a gray area for the interpretation of the law by prosecutors and law enforcement officials. In short, this amendment allows real criminals to be punished without criminalizing legal gun ownership and transportation.
Governor Ted Strickland supports Senate Bill 184 as amended, and the bill now awaits his signature.
As an aside, we also recently passed House Bill 450, which allows 18- to 21-year-old members of the United States Armed Services or the Ohio National Guard who have received firearms training to be allowed to purchase handguns. Today this age group cannot purchase a handgun.
This legislation effectively makes the point that since18- to 21-year-old law enforcement officers can purchase handguns, individuals of the same age who serve our country in the armed services may also. Anyone who makes the sacrifice to serve and defend our country in a war zone deserves the right to own a handgun if that person chooses. I supported this bill as it passed out of the House by an overwhelming majority, including my “yes” vote.
You can reach Jennifer Garrison at her Columbus office at (614) 644-8728, in the district at 373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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