Tonik Posted February 7, 2013 Report Share Posted February 7, 2013 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. Quote Link to comment Share on other sites More sharing options...
AWW$HEEET Posted February 7, 2013 Author Report Share Posted February 7, 2013 Oh the ironyIll leave the window open.The Jimmie's will be windrushrustlingill know when to grab my hand cannon when i hear your moped rolling up. ya kunt Quote Link to comment Share on other sites More sharing options...
shittygsxr Posted February 7, 2013 Report Share Posted February 7, 2013 Being lazy I left a small gas can on my porch for sometime, when asked if I was ever going to put it away I claimed that it was bait for a would be theif. Quote Link to comment Share on other sites More sharing options...
Scruit Posted February 7, 2013 Report Share Posted February 7, 2013 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. Quote Link to comment Share on other sites More sharing options...
Scruit Posted February 7, 2013 Report Share Posted February 7, 2013 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. Quote Link to comment Share on other sites More sharing options...
smashweights Posted February 7, 2013 Report Share Posted February 7, 2013 I would hope if that happens to the guy in Elyria, he tries some sort of counter suit and leaves that family broken and without whatever shanty they currently live in.Maybe if they'd done a better job supporting him in his hard times, he wouldn't be dead Quote Link to comment Share on other sites More sharing options...
ScubaCinci Posted February 8, 2013 Report Share Posted February 8, 2013 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. Quote Link to comment Share on other sites More sharing options...
Tonik Posted February 8, 2013 Report Share Posted February 8, 2013 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' Quote Link to comment Share on other sites More sharing options...
r1crusher Posted February 8, 2013 Report Share Posted February 8, 2013 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. Quote Link to comment Share on other sites More sharing options...
Tonik Posted February 8, 2013 Report Share Posted February 8, 2013 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/ Quote Link to comment Share on other sites More sharing options...
speedytriple Posted February 8, 2013 Report Share Posted February 8, 2013 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 ... Quote Link to comment Share on other sites More sharing options...
Tonik Posted February 8, 2013 Report Share Posted February 8, 2013 Found it. Ohio does define residence as temporary.http://codes.ohio.gov/orc/2901.05 Quote Link to comment Share on other sites More sharing options...
Tonik Posted February 8, 2013 Report Share Posted February 8, 2013 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. Quote Link to comment Share on other sites More sharing options...
r1crusher Posted February 8, 2013 Report Share Posted February 8, 2013 DFound it. Ohio does define residence as temporary.http://codes.ohio.gov/orc/2901.05So you're now agreeing with me, right? Quote Link to comment Share on other sites More sharing options...
Gump Posted February 8, 2013 Report Share Posted February 8, 2013 My cat does that. He hords plastic caps....like off the top of milk jugs. They hurt in bear feet.:lol:My asshole cat does that as well, and hairbands. Quote Link to comment Share on other sites More sharing options...
Tonik Posted February 8, 2013 Report Share Posted February 8, 2013 So you're now agreeing with me, right?No you're still wrong but my position on the issue is the same as yours now. Quote Link to comment Share on other sites More sharing options...
Simplysix Posted February 8, 2013 Report Share Posted February 8, 2013 My cat does that. He hords plastic caps....like off the top of milk jugs. They hurt in bear feet.Do they also hurt in bare feet?(Sorry Tonic, couldn't resist) Quote Link to comment Share on other sites More sharing options...
swingset Posted February 8, 2013 Report Share Posted February 8, 2013 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. Quote Link to comment Share on other sites More sharing options...
Tonik Posted February 8, 2013 Report Share Posted February 8, 2013 Do they also hurt in bare feet?(Sorry Tonic, couldn't resist)You misspelled Tonik. Quote Link to comment Share on other sites More sharing options...
ScubaCinci Posted February 8, 2013 Report Share Posted February 8, 2013 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! Quote Link to comment Share on other sites More sharing options...
swingset Posted February 8, 2013 Report Share Posted February 8, 2013 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. Quote Link to comment Share on other sites More sharing options...
grapesmuggler27 Posted February 8, 2013 Report Share Posted February 8, 2013 What part of Blacklick do you live in??? I've not heard anything about break ins around here, But I wish a muthafuka would break in!!! Quote Link to comment Share on other sites More sharing options...
jporter12 Posted February 8, 2013 Report Share Posted February 8, 2013 :lol:My asshole cat does that as well, and hairbands.Poison, Crue, Warrant? Quote Link to comment Share on other sites More sharing options...
rawlins87 Posted February 8, 2013 Report Share Posted February 8, 2013 What part of Blacklick do you live in??? I've not heard anything about break ins around here, But I wish a muthafuka would break in!!!There's been a few. Last one on the news was in Harrison pond. But there has been more. Quote Link to comment Share on other sites More sharing options...
ohiomike Posted February 8, 2013 Report Share Posted February 8, 2013 Found it. Ohio does define residence as temporary.http://codes.ohio.gov/orc/2901.05That 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. Quote Link to comment Share on other sites More sharing options...
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