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castle doctrine/booby trapping laws


AWW$HEEET

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We just went over this in my CCW class and I bought (and read) the law book. It basically says if someone (not authorized) is even ATTEMPTING to gain entry to your house (or place you are staying - i.e. friends house, hotel, etc) there is no duty to retreat and is presumed to be an act of self-defense and you have the right to exercise deadly force but it's not an open invitation to blast anything that moves. You still need to make sure it's not a girl scout trying to sell cookies or something.

Careful on 'friends house'.

Sec. 2901.09. (B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.

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Ohio Revised Code 2305.40 ©(3) removes property owner immunity for hurting a criminal if they use booby traps...

2305.40 ©(3) Under circumstances not described in division ©(1) or (2) of this section, self-defense or defense of a third person is not involved, and the owner, lessee, renter, or family member intends to create a risk of injury, death, or loss to person or property of any trespasser by direct or indirect means, including, but not limited to, the use of spring guns, traps, or other dangerous instrumentalities.

If you set a booby trap, the criminal can sue you.

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Careful on 'friends house'.

Sec. 2901.09. (B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.

Also, a friend's car.

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Careful on 'friends house'.

Sec. 2901.09. (B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.

It was explained to us that 'home' is anywhere you are staying which includes friend's house, relative's house, hotel room, etc.

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It was explained to us that 'home' is anywhere you are staying which includes friend's house, relative's house, hotel room, etc.

Staying. You used that word. If you mean you are living there that would be your residence and i would agree. Hotel it depends. Few nights on a trip probably would not count. Residence refers to 'more than temporary'

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Well....

"Sec. 2901.09. (B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another."

Note that the above section does not remove a duty to retreat in a friend’s vehicle.

It is important to understand that all of the above apply in your occupied home, temporary residence or vehicle, not in any other place.

I would conclude that "temporary residence" is any place that I am staying at lawfully be it a friends home, hotel, etc.

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Well....

"Sec. 2901.09. (B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another."

Note that the above section does not remove a duty to retreat in a friend’s vehicle.

It is important to understand that all of the above apply in your occupied home, temporary residence or vehicle, not in any other place.

I would conclude that "temporary residence" is any place that I am staying at lawfully be it a friends home, hotel, etc.

Where does it say "temporary residence"? You say that several times but i don't see it. Residence is legally defined as i defined it above. 'Not temporary' is actually part of most of the definitions i could find.

http://definitions.uslegal.com/r/residence/

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I have boobie traps all over my house. My kids leave legos strategically placed around the floor for me to step on at night. Hurts like you cannot believe ...

My cat does that. He hords plastic caps....like off the top of milk jugs. They hurt in bear feet.

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Here's how I see it: unlawful entry into a home, lawful occupants confront intruder. Intruder had 3 possible choices - surrender to lawful occupants, flee, or confront occupants. Intruder confronts occupants and gets shot.

Does it matter if he was lying in wait on the couch or coming from his bedroom? I think not.

I fear ANY person that comes uninvited into my home, period.

Doesn't matter how you see it. Matters how the judge and jury do.

You'll be painted as a vigilante with bloodlust, and you might lose.

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Interestingly, on a related note, my wife has an elderly client who (long story short) was selling a car via Craigslist and the "buyer" sped off in the car. The old guy has his conceal and carry license and whipped out his pistol and fired several rounds at the fleeing car (missing every shot). The cops laughed about it while they took the report but didn't cite or arrest him even though his actions we unlawful. I was very surprised to hear this!

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Interestingly, on a related note, my wife has an elderly client who (long story short) was selling a car via Craigslist and the "buyer" sped off in the car. The old guy has his conceal and carry license and whipped out his pistol and fired several rounds at the fleeing car (missing every shot). The cops laughed about it while they took the report but didn't cite or arrest him even though his actions we unlawful. I was very surprised to hear this!

Cool cops, but I'd never base my actions on that.

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Found it. Ohio does define residence as temporary.

http://codes.ohio.gov/orc/2901.05

That only stands to reason. But 'reason' does not always fit legal precedence, and that is where judges get their basis for any decisions they make. It would be nice to find the legal precedence for a shooting resulting from the shooter having set a booby trap, all of this in the shooters residence.

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