Castle Doctrine enacted

By Marc Kovac

The new law forces criminals to prove they did not intend to harm occupants.

COLUMBUS — Praising its “common sense” approach and the bipartisan effort that brought it to fruition, Gov. Ted Strickland signed the so-called Castle Doctrine on Tuesday, enacting protections for Ohioans who defend themselves against intruders in their homes or cars.

The bill, sponsored by Sen. Steve Buehrer, a Republican from Delta, was years in the making and was offered in different forms during past general assemblies.

On Tuesday, flanked by Strickland and Republican and Democratic lawmakers in the governor’s Cabinet Room, Buehrer said the bill “is going to make people in this state and in our communities feel safer in their homes and more able to conduct themselves in a lawful way as they [take] the awesome responsibility of protecting their families within their homes.”

The legislation provides legal protection — that is, a presumption that they acted in self-defense — for individuals who use force to thwart others who have entered their homes, businesses or vehicles unlawfully.

Under existing law, residents defending their homes against intruders must prove the perpetrators were close enough to do them harm and intended to do harm. The new law reverses those roles, forcing criminals to prove they did not intend to harm occupants.

A civil provision would cover acts of self-defense in homes or elsewhere and would prevent criminals from seeking civil recourse if injured while attacking others.

In the House, lawmakers added a number of amendments clarifying the state’s concealed carry laws, including provisions related to the transport of firearms in vehicles and requirements for law enforcement to hold and return weapons that are seized.

mkovac@dixcom.com.