'Stand Your Ground' Law Set To Move Forward In Ohio

Despite opposition from several key law enforcement groups, a controversial gun bill, Ohio's equivalent of the famous "Stand Your Ground" law, is set to advance through the Ohio House on Wednesday afternoon.

The legislation would make it much easier for defendants to claim self-defense in shooting trials. Such clauses first rose to national attention following the shooting death of Trayvon Martin in Florida (even though George Zimmerman's lawyer never actually used the law to defend his client).

While Governor John Kasich has said he would veto any "Stand Your Ground" laws that cross his desk, governor-elect Mike DeWine may be more welcoming. However, signing such a bill could bring the ire of several law enforcement groups.

The Ohio Fraternal Order of Police, the Ohio State Highway Patrol, the Ohio Association of Police Chiefs, and the Ohio Prosecuting Attorneys Association have all come out in opposition to House Bill 228. The Moms Demand Action for Gun Sense in America has also been a vocal critic of the legislation.

"Ohio already has a self-defense law that works well, and HB 228 would not only upend centuries of traditional self-defense doctrine, but it is also a threat to public safety. This bill allows a person to kill another person in public places like parks, roads, and playgrounds — even if he or she could clearly and safely walk away from danger," said Pastor Jackie Jackson, a volunteer with Moms Demand Action for Gun Sense.

Louis Tobin, executive director of the prosecutors group, testified against the bill in February 2018. He argued the proposed law suggests prosecutors are getting convictions in cases where the use of force was actually justifiable.

"We simply do not believe this to be the case," he said. "We should have faith in our elected officials' judgement and trust that they will use this discretion wisely."

The Ohioans for Concealed Carry group has testified in defense of the proposed law.

So, what exactly is in the legislation?

House Bill 228 would make prosecutors, not defendants, prove that a shooting was, beyond a reasonable doubt, not self-defense. Defendants are currently required to provide a "preponderance of evidence" that a shooting was self-defense — a less rigorous standard than "beyond a reasonable doubt."

The legislation would also bar local city governments from passing their own ordinances on regulating, taxing, manufacturing, or keeping handguns.

Doug Deeken, director of Ohioans for Concealed Carry, said the latter clause would stop cities from making prohibitive gun laws and then repealing them when challenged in court. Instead, the municipalities would simply be barred from making such laws in the first place.

The bill would also expand the list of locations where a person does not have to "retreat" from a confrontation. The Ohio Association of Chiefs of Police spent a good deal of time arguing, specifically, against this tenet of the bill.

"The Association believes that repealing the duty to retreat will create a condition whereby killings, currently considered to be criminal, will become justifiable homicides. The only thing holding some individuals back is the duty to retreat–they know that unnecessary or excessive violence could land them in prison. Remove the duty to retreat, you remove a legal constraint that will allow pride, passion, and ego to prevail over common sense," the Association said in a letter to the Federalism and Interstate House Committee.

The bill would also: eliminate the requirement for many public facilities, like schools and courthouses, and airports, to post "gun-free zones" signs; and eliminate the requirement for concealed handgun permit holders to keep their hands in plain sight during a traffic stop.

The Columbus Dispatch and Cincinnati Enquirer both expect House Bill 228 to pass a lower chamber vote on Wednesday. The bill would then move to the Ohio Senate. Should it pass that chamber, it would go to Ohio's governor. The governor could either sign the bill into law, or veto it.

The full text of the bill can be found by clicking here.

(For more news like this, find your local Patch here. If you have an iPhone, click here to get the free Patch iPhone app; download the free Patch Android app here. And like Patch on Facebook!)

Photo from Shutterstock