View Full Version : what are the self defense laws like where you are at?
Mike70
20-Oct-2009, 06:56 AM
i'm happy to say, stray and moon probably can attest to this, that ohio has some pretty open self defense laws that fall under 3 areas:
1. you can defend your property, including your vehicle where ever it may be located, with deadly force.
2. ohio has a concealed weapon law that allows citizens to carry firearms on their person in public, which also allows you to use them in self defense or in the face of a violent felony committed in your presence.
3. if someone enters your home after dark, that's their ass. you have the right to use deadly force against strangers in your home without warning and without them making an attempt to harm you or an attempt by the homeowner to flee from danger. the law here also makes the presumption that if a person enters your home without permission, they have criminal intent automatically. basically, no stranger who enters your home without your permission (esp. after dark) has any recourse to the law, nor can they sue you for violent action taken against them.
i'm interested in what they are like in other places. discuss.
Danny
20-Oct-2009, 07:02 AM
murders never condoned, but the worst theyll do round here is fine you if you beat there ass if your not the instigator.
Mike70
20-Oct-2009, 07:07 AM
murders never condoned, but the worst theyll do round here is fine you if you beat there ass if your not the instigator.
our countries seem to be vastly different on this issue.
i can't wait to hear what some of the folks from KY and TX have to say.:lol:
hell, in some states over here it is legal to shoot people who are on your property after dark. shit, there are some towns in the south where homeowners have to own guns by law.
Danny
20-Oct-2009, 07:32 AM
hell, in some states over here it is legal to shoot people who are on your property after dark.
from a country where almost everyone has the street 2 seconds from there door and no guns thats terrifying.
Not wanting to drag this into the usual gun thing but i would not trust anyone with a fucking gun in england because everyone is too lazy to waste time and learn how to use one and would probably lose it or kill someone with it by accident. now i dislike guns, make humans seem violent and hunting seem kind of cheap compared to our caveman days (beat which rock seems more badass than dynamite a lake to me i dunno) :lol: but i think over in the states people dont think the way we do, you probably think "i see a guy running with my tv i gt him in the leg or something" over here its more "if a gun is pointed at someone it is ALWAYS to kill them outright, no exceptions"
were a lazy,peaceful albeit rude people who probably have a hive mentality of "why kill em when i can beat ten bells-a shit out of em so they run off telling people im a hard bastard" :lol:
kortick
20-Oct-2009, 07:45 AM
basically if the person is in your house
then you can kill that bastard dead.
I had one cop tell me that if he wasnt in the
house drag his body inside.
normally in assault cases it comes down to
who struck first cuz then u can claim self defense
even if u snuff the dude.
there are a lot of shootings in the areas of the city
it seems that the black gangs and the asian gangs
are at war, so theres plenty of gunplay on southside.
But as far as single owner property anyone who enters
pretty much is kissing his ass goodbye.
Hope thier mom got a black dress, she gonna need it.
strayrider
20-Oct-2009, 07:55 AM
you probably think "i see a guy running with my tv i gt him in the leg or something"
I believe that in all 50 states it is illegal to shoot someone who is "running away". To defend the use of deadly force you first have to prove a threat to your well-being. Someone running away from you is not a threat.
In Ohio, this includes someone who unlawfully enters your home and you confront with your trusty .45. If they advance on you, you may shoot. If they turn and run for the door, you may not.
In the case that Mike mentioned about shooting someone over a vehicle. You must be in the vehicle lawfully. The person you shoot must be attempting to unlawfully enter the vehicle that you occupy. You cannot shoot someone who is in your driveway stealing your car stereo unless that person advances on you with the intent to do bodily harm.
http://codes.ohio.gov/orc/2901.05
Danny
20-Oct-2009, 07:59 AM
In the case that Mike mentioned about shooting someone over a vehicle. You must be in the vehicle lawfully. The person you shoot must be attempting to unlawfully enter the vehicle that you occupy. You cannot shoot someone who is in your driveway stealing your car stereo unless that person advances on you with the intent to do bodily harm.
http://codes.ohio.gov/orc/2901.05
am i the only one who thinks that the concept of carjacking sounds incredibly stupid when described that like "okay, so were gonna steal a car.....WITH PEOPLE INSIDE" seriously, either your a retard who thinks your a highwayman or a desperately poor retard to try and steal a car with a driver, why not just steal an empty one?
-some lurker is reading this and taking notes im sure "drag bodies inside....empty cars easier...":lol:
strayrider
20-Oct-2009, 08:13 AM
am i the only one who thinks that the concept of carjacking sounds incredibly stupid when described that like "okay, so were gonna steal a car.....WITH PEOPLE INSIDE" seriously, either your a retard who thinks your a highwayman or a desperately poor retard to try and steal a car with a driver, why not just steal an empty one?
Someone unfamiliar with a city takes the wrong exit ramp off of the highway. They end up in the "wrong side of town". They are driving an expensive, new car.
Expensive car. Wrong side of town. Target of opportunity.
:D
-stray-
Chic Freak
20-Oct-2009, 10:52 AM
It's weird over here. There was a hoo-ha a while ago because a farmer shot a lad who was in the process of burgling his house, yet just recently an OAP punched a burglar's lights out and was not punished at all- in fact, the judge told the burglar in court that he deserved it!
I personally agree with the judge- if someone is threatening you, it is morally okay to respond with equal force (in this case, fists vs. fists). I do think it is morally questionable to value property over human life though.
you have the right to use deadly force against strangers in your home without warning and without them making an attempt to harm you or an attempt by the homeowner to flee from danger. the law here also makes the presumption that if a person enters your home without permission, they have criminal intent automatically. basically, no stranger who enters your home without your permission (esp. after dark) has any recourse to the law, nor can they sue you for violent action taken against them.
So what you're saying is... if The Texas Chainsaw Massacre was to take place for real in Ohio it wouldn't actually be illegal :eek:
shit, there are some towns in the south where homeowners have to own guns by law.
Good grief.
basically if the person is in your house
then you can kill that bastard dead.
I had one cop tell me that if he wasnt in the
house drag his body inside.
Dontcha just love it when the people who are supposed to be protecting you give out tips on how to get away with murder?
bassman
20-Oct-2009, 12:09 PM
I'm not really sure of all the details here in Georgia, but I know that if someone is breaking into my house or is already in my house.....then I can shoot away. And oh I plan to.:D
Ghost Of War
20-Oct-2009, 12:44 PM
It's weird over here. There was a hoo-ha a while ago because a farmer shot a lad who was in the process of burgling his house, yet just recently an OAP punched a burglar's lights out and was not punished at all- in fact, the judge told the burglar in court that he deserved it!
I personally agree with the judge- if someone is threatening you, it is morally okay to respond with equal force (in this case, fists vs. fists). I do think it is morally questionable to value property over human life though.
Yep, I agree with the judge too. He got what was coming, and he's lucky he only got punched. I remember the famer thing too, I remember all the media thing about protecting your property. About valuing property over human life, though, I see your point, but if I found someone in my house I'd be pounding on them till the cops came, only for the fact I've got 2 young kids in the house and I have no idea what the intruder's intentions are. If the cops don't come quick enough, tough shit for the intruder.
Mike70
20-Oct-2009, 02:19 PM
So what you're saying is... if The Texas Chainsaw Massacre was to take place for real in Ohio it wouldn't actually be illegal :eek:
no. see stray's qualifications. the person has to make a hostile (what you perceive to be hostile) move toward you and cannot be in the act of fleeing. this law doesn't apply to family, anyone living in the house or anyone that you've invited to your home. i put this up late last night and i am starting to feel really, really poorly (oink, oink), so i forgot to add in some of the qualifiers. sorry and thanks, stray.
the laws here have all been changed and loosened up in recent years due to demand from the public. stray'll probably have something to add here but basically the citizens of the state insisted that the legislature listen to them or else next time we go the polls, we'll be getting new state legislators. so, in the last few years the self defense laws have all been changed to make it easier to defend yourself, criminals who break into your home no longer can sue you for injuries they sustain due to their criminality, and the concealed carry law was passed.
AcesandEights
20-Oct-2009, 03:09 PM
murders never condoned, but the worst theyll do round here is fine you if you beat there ass if your not the instigator.
Killing someone is not always murder in the eyes of the law. What constitutes murder, being defined as the unlawful killing of another person in most common law countries, is still going to vary depending on the 'law of the land'.
Frankly, I don't honestly know the particulars of my home state's laws regarding self defense. :o I'm guessing it's a very good thing I've never had to be concerned about such, and await one of my fellow state residents to enlighten me on the particulars.
Skippy911sc
20-Oct-2009, 03:16 PM
I done got a shot gun, a back hoe and 55 acres...now come get it.
:)
I think the last thing I would so would be to shoot someone...unless the safety of my family was in consideration, then I don't think you mind functions properly and you just act. It is true I keep a gun nearby at night, however I think the three beasts (dogs) will get to them before I will. I used to have a .45 in the bedside table, but I swapped it for the 870 under the bed. Nothing tell a burgler to get out that the pumping of a Remington 870...one might say it is internationally understood.
Oh and I do have a back hoe and 55 acres. :)
Mike70
20-Oct-2009, 03:34 PM
Nothing tell a burgler to get out that the pumping of a Remington 870...one might say it is internationally understood.
:lol:
there's no mistaking that sound, for sure. i think that would be one of the creepiest things you could possibly hear in a dark room.
on another note: after looking around a bit, it seems most states are doing away with the "duty to retreat" provisions. in the past you had to show that you had attempted to get away from the other person. that is no longer the case in many states. kentucky has abolished it all together. you no longer have any duty to retreat under any circumstance in kentucky, public or otherwise. here the duty to retreat was done away concerning vehicles or homes.
AcesandEights
20-Oct-2009, 05:25 PM
Oh and I do have a back hoe and 55 acres. :)
Damn...I'm jealous. I'd love me some real acreage.
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