Saturday, January 2, 2021

Duty to retreat all but guaranteed to be eliminated in Ohio.


EDIT: It's official. No veto message posted as required by law, Ohio will officially become a stand-your-ground state, period.Good evening, ladies and gentlemen. As an Ohioan, I've been watching Senate Bill 175 closely. If you're an Ohioan, you probably have been as well.If you're familiar with laws on self-defense, then stand your ground laws are something you understand. Senate Bill 175 was originally intended "to grant civil immunity to nonprofit corporations for certain injuries, deaths, or losses resulting from the carrying of handguns," but was amended to include legislation "to expand the locations at which a person has no duty to retreat before using force under both civil and criminal law."What this means is, if someone were to attack you with deadly force in a place you were lawfully present at/in, you would no longer be required to safely retreat before responding with deadly force.SB175 passed the Ohio House of Representatives on 12/17/2020 (52-31) and the Ohio Senate on the following day (18-11). Generally, laws enrolled (passed by both chambers and signed by the presiding officers of those chambers) by the Ohio General Assembly are presented to the governor on either the day of enrollment or the day after, as far as I know.If you read the Ohio Constitution, Article II, Section 16, you'll see that the governor has a ten day period to either sign or veto bills presented to him, Sundays not being included in that count. If the bill is not signed or vetoed by the end of that period, it becomes law.If SB175 was presented to DeWine on the 18th, he had until the 28th to veto it. If SB175 was presented to DeWine on the 19th, then he had until the 29th to veto it. With no news of a veto or signature, it's very well possible that DeWine allowed the bill to become law without his signature.DeWine has voiced his displeasure with SB175, saying "I’ve made it very clear, I think, many times, going back months, that I felt that before the legislature took up other gun bills, that they really should focus on what we have sent them." DeWine said he would address the bill the very week it was passed, but he didn't follow through with this. DeWine has remained silent, despite the beckoning of groups like the NAACP and Moms Demand Action.The period for DeWine to veto or sign the bill has passed before the legislature adjourned. Without news on a veto or signature, it's extremely likely that Ohio will become the 36th state to eliminate the duty to retreat.Me personally, I think DeWine let the bill become law without his signature. Why? I think he did it to quietly satisfy the pro-gun crowd in the General Assembly without visibly upsetting anti-gun groups. Had he vetoed the bill, he would've likely destroyed what little support he had left in the General Assembly. Many of the members of the General Assembly wanted to impeach him, after all.Either way, I see an absolute victory for not just gun rights, but also self-defense rights in general for us Ohioans. After a decade of trying to get the duty to retreat eliminated, we're on the cusp of doing so. via /r/CCW https://ift.tt/388BBmo

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