Ohio’s ‘stand your ground’ law goes into effect Tuesday. What to know

On Apr 5, 2021

Ohio’s new “stand your ground” law goes into effect Tuesday.The controversial new law, signed by Ohio Gov. Mike DeWine in January, eliminates Ohioans’ duty to retreat before using force.The measure expands the so-called “stand your ground” right from an individual’s house and car to any place, “if that person is in a place in which the person lawfully has a right to be.”The new law can be explained like this: In the past, if someone shot in self-defense, the burden was on the shooter to prove that’s why they did it. With a “stand your ground” law, the burden shifts to the prosecutor to prove the shooting was not justified. In addition to making prosecutors prove a claim of self-defense may not be justified, the measure would also eliminate the call for gun owners with concealed carry permits to try to retreat from a threat before opening fire.The Republican governor signed the bill despite his long expressed concerns that GOP lawmakers were ignoring his own legislation proposed following the 2019 mass shooting in Dayton. DeWine has said he wants any gun legislation to include his proposals for toughening background checks and boosting penalties for felons committing new crimes with guns. The governor has pushed these measures since the 2019 mass shooting in Dayton that killed nine and wounded more than two dozen.DeWine said he’s not giving up, and will continue to ask the new GOP-controlled General Assembly to approve his proposals.Republican lawmakers and gun rights groups praised DeWine for signing the “stand your ground” bill. Proponents of the law say this legislation simply aligns Ohio with most other states in the country.”We were quite happy that the governor followed through on his campaign promises to enact, to remove the duty-to-retreat requirement in the self-defense law in Ohio,” said Joe Eaton with Buckeye Firearms Association. “You have to realize that the removal of duty-to-retreat really changes nothing else with the self-defense laws in Ohio.”Eaton insists the state’s new stand your ground law does not mean someone can shoot first and ask questions later.”You have to first not have started the situation, not have escalated the situation,” he said. “And secondly, you have to be in immediate fear of death or serious bodily harm and have no other option except for deadly force to survive that situation.”That’s not the way Ethan Nichols, executive director of Ohio Students for Gun Legislation, sees the new law.”This isn’t a Second Amendment issue. I support the Second Amendment,” Nichols said. “But this has nothing to do with that. Your ability to shoot someone without just, you know – randomly shoot someone because you feel threatened, it’s ridiculous.”Nichols worries the new law will exact a heavy toll on minority communities.”It’s a racist law,” Nichols said. “I think for Ohioans that this is a, very obviously, a step in the wrong direction. This is a step backwards into another century.”While Nichols and Eaton share different perspectives with regard to Ohio’s new ‘Stand Your Ground’ law, there may be common ground when it comes to one thing gun Eaton said.”Of course, retreating, if at all possible is still the safest and best and most recommended method because if you can avoid any type of situation that could endanger yourself or someone else, that always has to be the first priority,” Eaton said.

Ohio’s new “stand your ground” law goes into effect Tuesday.

The controversial new law, signed by Ohio Gov. Mike DeWine in January, eliminates Ohioans’ duty to retreat before using force.

The measure expands the so-called “stand your ground” right from an individual’s house and car to any place, “if that person is in a place in which the person lawfully has a right to be.”

The new law can be explained like this: In the past, if someone shot in self-defense, the burden was on the shooter to prove that’s why they did it. With a “stand your ground” law, the burden shifts to the prosecutor to prove the shooting was not justified.

In addition to making prosecutors prove a claim of self-defense may not be justified, the measure would also eliminate the call for gun owners with concealed carry permits to try to retreat from a threat before opening fire.

The Republican governor signed the bill despite his long expressed concerns that GOP lawmakers were ignoring his own legislation proposed following the 2019 mass shooting in Dayton.

DeWine has said he wants any gun legislation to include his proposals for toughening background checks and boosting penalties for felons committing new crimes with guns. The governor has pushed these measures since the 2019 mass shooting in Dayton that killed nine and wounded more than two dozen.

DeWine said he’s not giving up, and will continue to ask the new GOP-controlled General Assembly to approve his proposals.

Republican lawmakers and gun rights groups praised DeWine for signing the “stand your ground” bill. Proponents of the law say this legislation simply aligns Ohio with most other states in the country.

“We were quite happy that the governor followed through on his campaign promises to enact, to remove the duty-to-retreat requirement in the self-defense law in Ohio,” said Joe Eaton with Buckeye Firearms Association. “You have to realize that the removal of duty-to-retreat really changes nothing else with the self-defense laws in Ohio.”

Eaton insists the state’s new stand your ground law does not mean someone can shoot first and ask questions later.

“You have to first not have started the situation, not have escalated the situation,” he said. “And secondly, you have to be in immediate fear of death or serious bodily harm and have no other option except for deadly force to survive that situation.”

That’s not the way Ethan Nichols, executive director of Ohio Students for Gun Legislation, sees the new law.

“This isn’t a Second Amendment issue. I support the Second Amendment,” Nichols said. “But this has nothing to do with that. Your ability to shoot someone without just, you know – randomly shoot someone because you feel threatened, it’s ridiculous.”

Nichols worries the new law will exact a heavy toll on minority communities.

“It’s a racist law,” Nichols said. “I think for Ohioans that this is a, very obviously, a step in the wrong direction. This is a step backwards into another century.”

While Nichols and Eaton share different perspectives with regard to Ohio’s new ‘Stand Your Ground’ law, there may be common ground when it comes to one thing gun Eaton said.

“Of course, retreating, if at all possible is still the safest and best and most recommended method because if you can avoid any type of situation that could endanger yourself or someone else, that always has to be the first priority,” Eaton said.