Stand your ground

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Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Stand your ground

Post by Bearable »

House Bill 62
https://www.legislature.ohio.gov/legislation/135/hb62" onclick="window.open(this.href);return false;

“State Rep. Latyna M. Humphrey, D-Franklin County, appears intent on turning law-abiding citizens who defend themselves into criminals.

Under the veil of applying limits to locations at which citizens would have no duty to retreat, House Bill 62 would roll back stand-your-ground legislation and limit no duty to retreat to a person's home and vehicle only. It also would allow courts to consider the possibility of retreat as a factor in cases of self-defense.

Humphrey's bill, which thus far has not advanced, would increase firearms regulations and is yet another attack on Second Amendment rights.”

The problem is the Ohio Supreme Court and the U.S. Supreme Court has already declared retreat is not required.

The Ohio Supreme Court case of Erwin v. State, 29 Ohio St. 186 (1876), and the United States Supreme Court case of Beard v. United States, 158 U.S. 550, 562, 15 S. Ct. 962, 966, 39 L. Ed. 1086 (1895) cited Erwin. The Beard Court quoted the Erwin case. The Erwin Court stated:

“The law, out of tenderness for human life and the frailties of human nature, will not permit the taking of it to repel a mere trespass, or even to save life where the assault is provoked; but a true man who is without fault is not obliged to fly from an assailant, who by violence or surprise maliciously seeks to take his life or do him enormous bodily harm.”

The United States Supreme Court Justice, John Marshall Harlan, in Beard stated that:

“The defendant was where he had the right to be, when the deceased advanced upon him in a threatening manner, and with a deadly weapon; and if the accused did not provoke the assault and had at the time reasonable grounds to believe and in good faith believed, that the deceased intended to take his life or do him great bodily harm, he was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground and meet any attack made upon him with a deadly weapon, in such way and with such force as, under all the circumstances, he, at the moment, honestly believed, and had reasonable grounds to believe, was necessary to save his own life or to protect himself from great bodily injury.” (My emphasis)

Did you catch that? Even the USSC said you are not obligated to retreat.

Any law requiring retreat is unconstitutional.
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Stand your ground

Post by Brian D. »

A legislator pandering to the constituents in her urban district who got her elected? Say it ain't so!
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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1911 and Browning Hi Power Enthusianado.
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