Self-Defense Reminder (OH) - XDTalk Forums - Your HS2000/SA-XD Information Source!

Carnivorous · 06-11-2008, 07:02 AM

This is just a reminder for the Ohio people...

You can still use deadly force in self-defense, even if you're engaged in a crime, as long as your crime doesn't provoke the other person to attack you.

The 2nd District Court of Appeals' recently re-affirmed this principle, saying:

"The first prong of a claim of self-defense – that the defendant was not at fault in creating the situation giving rise to the affray – does not preclude the defense if the defendant was engaged in criminal conduct when he was attacked."

(The underlying story is that the defendant was trying to buy marijuana, and the dealers decided to rob him. One of the dealers pulled a gun, and then the defendant drew his own gun and killed one of them.)

http://www.sconet.state.oh.us/rod/do...-ohio-1578.pdf

m9fan · 06-11-2008, 07:11 AM

Nice. Seems to me that if he wasn't engaged in criminal activity he wouldn't have been drawn on the first place...

ForTehNguyen · 06-11-2008, 07:13 AM

thats a strange law

ichy_trigger · 06-11-2008, 09:50 AM

Quote:

Originally Posted by ForTehNguyen

thats a strange law

Well, we are a strange state..lol

tomfoolery · 06-11-2008, 09:56 AM

haha...nice, I'l keep that in mind next time i want to buy dope.

ForTehNguyen · 06-11-2008, 10:39 AM

In a way it does make sense. Breaking some law doesnt automatically make other laws not apply to you. For instance if I was speeding on the hwy and some guy pulls a gun on me, and I shoot and kill him. I was speeding hence breaking the law, but that doesnt change the fact that someone attempted to inflict serious bodily harm on me when I wasnt the provoker.

amishclark · 06-11-2008, 10:58 AM

i wonder how much cheech he was trying to buy...all this for a dime-sack would be kind of silly...

**nikon777** · 06-11-2008, 01:18 PM

The new CCW laws(attached to the Castle doctrine bill) makes then null and void I believe.

06-11-2008, 07:02 AM	#1
Carnivorous XDTalk 1K Member Join Date: Apr 2008 Location: Houston Posts: 1,259	Self-Defense Reminder (OH) This is just a reminder for the Ohio people... You can still use deadly force in self-defense, even if you're engaged in a crime, as long as your crime doesn't provoke the other person to attack you. The 2nd District Court of Appeals' recently re-affirmed this principle, saying: "The first prong of a claim of self-defense – that the defendant was not at fault in creating the situation giving rise to the affray – does not preclude the defense if the defendant was engaged in criminal conduct when he was attacked." (The underlying story is that the defendant was trying to buy marijuana, and the dealers decided to rob him. One of the dealers pulled a gun, and then the defendant drew his own gun and killed one of them.) http://www.sconet.state.oh.us/rod/do...-ohio-1578.pdf

06-11-2008, 07:11 AM	#2
m9fan XDTalk 500 Member Join Date: Jan 2008 Location: Pearland, TX Posts: 912	Nice. Seems to me that if he wasn't engaged in criminal activity he wouldn't have been drawn on the first place... __________________ "Upon the conduct of each depends the fate of all." - Alexander the Great Texas CHL US Army Veteran '86 - '94 Beretta M9 Bushmaster M4A2 Clone Glock 22 Rossi 351 Snubbie SA XD 45ACP Service Winchester Defender 1300

06-11-2008, 07:13 AM	#3
ForTehNguyen XDTalk 2K Member Join Date: Feb 2008 Location: Houston, Texas Posts: 2,134	thats a strange law __________________ XD9 Service Black XD9 Subcompact x 2 Kimber Tactical Custom II AR15 16" Midlength AR15 16" Carbine Tacticooled Lancaster AK47 Remington 870 12ga Express

06-11-2008, 09:56 AM	#5
tomfoolery XDTalk 5K Member Join Date: Apr 2007 Location: Cincinnati Posts: 5,658	haha...nice, I'l keep that in mind next time i want to buy dope. __________________ "It is better to die on your feet than live on your knees." "One is none, two is one, and three is just a good time." Clint Smith, referring to the number of guns you carry daily.

06-11-2008, 10:39 AM	#6
ForTehNguyen XDTalk 2K Member Join Date: Feb 2008 Location: Houston, Texas Posts: 2,134	In a way it does make sense. Breaking some law doesnt automatically make other laws not apply to you. For instance if I was speeding on the hwy and some guy pulls a gun on me, and I shoot and kill him. I was speeding hence breaking the law, but that doesnt change the fact that someone attempted to inflict serious bodily harm on me when I wasnt the provoker. __________________ XD9 Service Black XD9 Subcompact x 2 Kimber Tactical Custom II AR15 16" Midlength AR15 16" Carbine Tacticooled Lancaster AK47 Remington 870 12ga Express

06-11-2008, 10:58 AM	#7
amishclark XDTalk 1K Member Join Date: Aug 2006 Location: pennsyltucky Posts: 1,676	i wonder how much cheech he was trying to buy...all this for a dime-sack would be kind of silly... __________________ "sin lies only in hurting others unnecessarily. all other 'sins' are invented nonsense." - robert a. heinlein "when fascism comes to america, it will be wrapped in the flag and carrying a cross" - sinclair lewis

06-11-2008, 01:18 PM	#8
nikon777 XDTalk 5K Member Join Date: May 2003 Location: Cleveland, OH. The Danger Zone. Posts: 7,836	The new CCW laws(attached to the Castle doctrine bill) makes then null and void I believe. __________________ Not every African-American hates you because you're White, and not every Muslim wants to blow you up because you're an American. My Firearms Blog: Guns Don't Kill People.

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