Linda:Linda wrote:Right vs Privilege?
Can't CCW be both? This subject has been beaten to death on this forum, and it is always going to boil down to a matter of opinion!
Another subject....,I hate to show my ignorance here, but I have learned SO much from reading the forums. Can someone explain what does "affirmative defense" mean?
To put this into english, lets say prior to HB12 being law you decided to carry a firearm concealed and you were caugh and charged with concealed carry.http://www.law.cornell.edu/lexicon/affi ... efense.htm
Affirmative Defense
A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. Self-defense, insanity, and necessity are some examples of affirmative defenses. see, e.g. Beach v. Ocwen Fed. Bank, 523 U.S. 410 (1998).
Prior to HB12 there were four affirmative defenses outlined in Ohio Revised Code. Basically, you could claim you were transporting a large amount of money, you were a "prudent (wo)man", you were not otherwise engaged in illegal activity, so you should be found not guilty.
You're basically saying yes, I did what you accused me of, but I have an affirmative defense for doing what I did.
If someone uses deadly force in self-defense and they're charged with homicide or murder they use the affirmative-defense of self-defense, or "yes, I did shoot that person, but here is why my actions were justified"...
The problem with AD's is that they're NOT absolute. Your future is in the hands of the judge/jury. If they decide your situation didn't meet the AD's, then you're out of luck. I believe Jose Mesa (Indians Pitcher) was caught with a semi-auto in his car in Lakewood Ohio. I believe he tried the AD's (as a major league pitcher who most of NE Ohio wanted dead for losing the world series run) to claim fear for his life. He also had a lot of expensive "stuff" with him.
He lost on the AD's in Cuyahoga County Courts. He also lost on an attempted motion / challege of the law's constitutionality I believe.
Does that help?
I'll find the old AD's and post them here so you can see how they read.