SECURITY TIPS & PREVENTION

Use this forum to post your experience with encounters with law enforcement, criminals, or other encounters as a result of your firearm or potential to be carrying one.

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jgarvas
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Post by jgarvas »

Incognito wrote:Reviewing the Ohio laws, "Case law", ORC and the plethora of information is something for an attorney to review with you. It is very confusing and will take the advice of a professional attorney well rehearsed in the laws to advise you. Are there any attorneys on the forum?
Sure there are. But if you take the advice of a random attorney offering you advice for free on a forum, well, you get what you pay for :-) Most competent attorney's can only offer you an opinion or advice anyway.

It does help to have their business card should you have one phone call tho. :)
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Jim-in-Toledo
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Post by Jim-in-Toledo »

jgarvas wrote:I'd love to see where this is in Ohio Revised Code too. To the best of my knowledge most of the use of deadly force "law" in Ohio is the result of case law, not Ohio Revised Code.

I'd like to see where in the ORC you came to this conclusion?

-Jeff
Incognito wrote:HOME SELF DEFENSE-

For what it's worth. This was taken from the latest ORC.
It is best to check with your local attorney however. (IANAL)

An owner, lessee, or renter of real property or a member of the owner's, lessee's, or renter's family who resides on the property is not required to retreat from a building or other structure that is maintained as a permanent or temporary dwelling prior to using reasonably necessary force to repel a trespasser from the building or other structure or to prevent a trespasser from making an unlawful entry into the building or other structure.
Jeff,
I believe rickt came up with the answer to where it is in the ORC.
A summary of 2 of his posts in this thread follow.
rickt wrote:'clip'
Searching Andersons with the words "building retreat" found the relevant section:
§ 2305.40. Immunity of owner, lessee or renter of real property as to self-defense or defense of others.
'clip'
rickt wrote:'clip'
Inside your home: No duty to retreat [ORC 2305.40 (B)(3)] and NO civil liability [ORC 2305.40 (B)(1)].
'clip'
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
Robert Heinlein, Beyond This Horizon
I am the expert on my opinion.
And no one else's.
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