The 2nd Amendment-- The Facts........ Message Board

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Politics : The 2nd Amendment-- The Facts........

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From: TimF	9/11/2008 5:30:12 PM
	2 Recommendations Read Replies (1) of 10167

Innocent before guilty, new self-defense law sides with homeowners protecting their 'castles' COLUMBUS -- A homeowner who injures, maims or even kills an intruder is on the right side of the law, starting today in Ohio. The so-called "castle doctrine" law assumes the owner was acting in self-defense and shifts the burden to police and prosecutors to prove otherwise. Until today, people who attacked intruders had to prove they were acting in self-defense. About 20 states have similar laws with all types of variations. Some states do not limit the self-defense presumption to the person's home but apply it to the workplace or even on the street, if the person is threatened... --- Highlights of Senate Bill 184, the so-called "castle doctrine" law that takes effect today: • A homeowner who uses deadly force against an intruder is presumed innocent. • Homeowners do not have to retreat and can use force greater than what they are confronted with. • The law applies to vehicles as well as residences. • Prosecutors could still criminally charge the owner if it's proven that illegal activity was going on in the home or vehicle at the time of the use of force. • An owner who rightfully use self-defense will be immune to civil lawsuits from intruders or their families. • A handgun permit holder can pick up and drop off a child in a school safety zone, where firearms are generally prohibited. • A loaded handgun can be transported in a vehicle's unlocked glove compartment or center console. • A landlord cannot evict a permit-carrying tenant for keeping a firearm on the rented premises. blog.cleveland.com volokh.com

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