In a major win for the Second Amendment, legislation was passed on December 17 which removes the legal requirement to retreat from a confrontation prior to shooting to kill in self-defense.
The Ohio House passed the legislation on the December 17, and the Senate agreed to the bill’s amendments on the 18th. The bill is now headed to Ohio Governor Mike DeWine’s desk.
The “stand your ground” legislation passed in the House with a 52-31 vote.
When the bill becomes law, it removes the “duty to retreat” from a confrontation before firing a gun in self-defense.
According to local news outlet WTOL, “It’s unclear what DeWine will do next. He has said that lawmakers shouldn’t take up other gun bills until some protections are passed, but none of his proposals were part of SB 175. ”
In 2008, the duty to retreat in a confrontation in one’s home or vehicle, known as “castle doctrine,” was removed. This new bill would expand castle doctrine to include almost any place where an individual is lawfully present, and says that the court cannot consider the possibility of retreat in a case of a shooting in self-defense.
The bill was passed despite opposition from law enforcement, prosecutors, and anti-gun violence activists, giving a major victory to gun owners.
State Representative Kyle Koehler originally introduced the proposal as an amendment to a different piece of gun legislation. Kohler said that he believes it is illogical to place a legal duty to evade a dangerous situation on a legal gun owner who is facing a threat from someone intent on committing a crime.
“If someone is bent on killing another individual, the laws we write on paper do not matter,” he said.
“My right to defend myself from serious bodily harm or death does not change just because I am outside the walls of my home… inside or outside my car. My right to defend myself from serious bodily harm or death should be extended to anywhere I am lawfully allowed to be,” Koehler tweeted.
“My right to defend myself from serious bodily harm or death does not change just because I am outside the walls of my home… inside or outside my car. My right to defend myself from serious bodily harm or death should be extended to anywhere I am lawfully allowed to be.” https://t.co/VWx7Q7EMRE
— Rep. Kyle Koehler (@repkoehler) December 5, 2020
Democrats are complaining that the policy will incentivize shootouts when avoiding violence is an option, and immediately tried to turn the conversation to race.
According to several Ohio Democrats, the legislation has racial implications for two reasons. They believe that a jury would be more likely to believe a white person’s claim of self-defense than a black person’s, and that a black person is more likely to be perceived as a threat than a white person.
“Black people are going to die disproportionately compared to white people,” said Representative Stephanie Howse.
