Ohio remains an open-carry state, yet strict legal guidelines govern when you may carry and, more importantly, use your firearm. With self-defense circumstances often coming in moments of crisis, clarity and empathy in understanding your rights are essential.
At Hiltner Trial Lawyers, we understand that the decision to use a firearm in self-defense is not only a legal matter but also an emotionally challenging situation that can affect your future and the well-being of your loved ones. Our criminal defense attorneys, led by Max Hiltner, have successfully represented people charged with weapons crimes through the years.
In this blog, we explain Ohio’s Stand Your Ground law, including the expansion under Senate Bill 175, and outline what these changes mean for gun owners and residents across the state.
What is the ‘Stand Your Ground’ Law in Ohio?
In criminal law, the default expectation is that if you are attacked, you must retreat to a safe location to avoid a violent confrontation. ‘Stand Your Ground’ laws remove this duty, allowing you to use force or your firearm in self-defense if you have reason to believe you are in danger.
Many states throughout the country have implemented Stand Your Ground laws throughout the last several years. Historically, in Ohio, this doctrine applied only in three specific locations:
- Your home
- Your place of business
- Your vehicle
This meant that outside these places, the law required you to try to retreat before resorting to force.
What is Senate Bill 175?
In January 2021, Governor DeWine signed Senate Bill 175 into law, and it went into effect on April 6, 2021. This new legislation expands the application of the Stand Your Ground doctrine to any public space where you are legally allowed to be.
For example, if you are in a parking lot or another public area and someone attacks you with a lethal weapon, you are no longer legally obligated to retreat before defending yourself. Instead, you would be within your rights to use your firearm in self-defense.
This bill update builds upon existing self-defense provisions in Ohio law, notably outlined in Ohio Revised Code Section 2903.13. While the law still mandates that any use of force be both reasonable and proportionate to the threat, the burden of proving that your response was excessive now shifts to the prosecution.
How Does Senate Bill 175 Impact Ohio Residents?
While Senate Bill 175 seems like a big change in Ohio criminal law, there are a few things that are important to be understood by people living in Ohio:
For Ohio residents and gun owners, Senate Bill 175 represents a significant shift:
- No Duty to Retreat: If you are attacked in any public area where you are lawfully present, you no longer need to show that you attempted to retreat before using your firearm in self-defense.
- Reasonableness of Force: You must still be able to demonstrate in court that your actions were taken in self-defense and were reasonable under the circumstances.
- Burden on the Prosecution: It is now the prosecution’s responsibility to prove that your use of force was unreasonable rather than requiring you to prove that you retreated first.
For example, if you are in a grocery store parking lot and are attacked with a knife, you can legally defend yourself with your firearm, provided your response was proportionate. On the other hand, if the threat is less severe (say, an assault with a purse), using a firearm might not be justified, and the prosecution could more easily argue that your response was excessive.
For all of these reasons, retreating is still the safest and most legally advisable course of action to defend yourself against an attacker. For your safety and the safety of others, you should always avoid using your firearm if at all possible.
Still, if you are forced to use your firearm in self-defense in a public place, this new law makes it easier to show that you were acting in self-defense by removing your duty to retreat.
Statute of Limitations for Criminal Charges in Ohio
In Ohio, the statute of limitations sets a deadline by which the state must file criminal charges following an alleged offense. This time limit ensures that cases are brought forward while evidence is still available and memories are fresh. Here’s how it typically works for weapon and self-defense charges in Ohio:
- Serious Felonies (e.g., Murder): No statute of limitations exists. This means charges can be filed at any time after the offense.
- Other Felony Offenses (including many weapon-related charges): Charges usually must be filed within five years, as provided by Ohio Revised Code Section 2309.24.
- Misdemeanor Offenses: These charges often have shorter limitation periods, typically one to three years.
If the state fails to file charges within these prescribed periods, the accused may have the case dismissed, effectively ending the legal threat associated with that incident. However, keep in mind that factors such as delays or legal tolling may extend these periods in certain circumstances.
If you are being charged with a weapons violation or even a more serious charge like murder, this new “Stand Your Ground” law might help you in your defense.
Consulting with an experienced weapons charges attorney is essential to understand how these timeframes apply to your specific situation.
Contact Our Experienced Ohio Criminal Defense Attorneys at Hiltner Trial Lawyers Today
At Hiltner Trial Lawyers, we are committed to providing compassionate, knowledgeable guidance tailored to your unique situation. If you face any charges related to weapons or self-defense, our experienced team is here to ensure that your rights are protected and that you receive the dedicated representation you deserve.
Contact us today to schedule an initial and free consultation to discuss your case.
