Published September 09, 2008 08:32 pm - Local officials were guarded in their reaction to a new Ohio law that gives homeowners more legal leeway to use force to defend their property.
Law gives homeowners legal leeway to use force to defend their property Ohio’s ‘castle doctrine’ gets some local reaction
From staff reports Star Beacon
Local officials were guarded in their reaction to a new Ohio law that gives homeowners more legal leeway to use force to defend their property.
The so-called “castle doctrine,” which took effect Monday, automatically assumes someone who injures or kills an intruder in their home or vehicle acted in self-defense. Previously, those people had to prove self-defense.
Some police are leery of the law, believing it could invite people to use more force than necessary to deal with intruders, according to reports. Others applaud the law, believing it long overdue.
The new law consists of two parts. The first limits the damages that can be collected from a homeowner who uses force. The second part applies the new guidelines to any location where the owner has a right to be, including their vehicles.
Ashtabula City Solicitor Michael Franklin doesn’t foresee much change stemming from either aspect of the new law.
“Juries show common sense,” he said of the first part. “I’m not sure that change in the law was a priority.”
“The fact that the law has changed should not change the behavior of law-abiding people,” Franklin said, regarding the second part. “There’s no reason to act more aggressively.”
Geneva Police Chief Dan Dudik said officers are always concerned with safety and will “work within the confines of the laws provided to us by our legislators.”
“The law won’t change what the bad guys would do,” he said. “The law won’t change our response. We always have a concern with officer safety and the officers are trained to handle these situations.”
Dudik said the bill is “quite lengthy” and covers guns in and around school systems and motor vehicles.
In Conneaut, Police Chief Jon Arcaro and Law Director Lori Lamer said they haven’t had time to examine the new law. Ashtabula County Sheriff William Johnson could not be immediately reached for comment Tuesday afternoon.
The new law also changes how people with conceal carry permits may transport weapons. Loaded guns or unloaded weapons with ammunition nearby may now be put into unlocked gloveboxes or center consoles.
The old law insisted weapons be unloaded and carried in a locked glovebox or trunk. Consoles were off-limits, and ammo had to be transported separate from the firearm.
Staff writers Shelley Terry, Margie Trax Page and Mark Todd contributed to this article
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