In ohio, do i have the legal right to fire upon someone who is breaking into my home? Or how about trespassing on my property?
2007-03-22 16:36:06 · 11 answers · asked by mol_10_rock 1 in Politics & Government ➔ Law Enforcement & Police
The Ohio Revised Code addresses this in section 2305.40 ...
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=PORC/ff70/10140/1025c/10295
- Carl
2007-03-22 18:41:56 · answer #1 · answered by cdwjava 3 · 1⤊ 0⤋
Generally, if you are in reasonable fear that the person breaking in will harm you or your family, yes.
So, it would apply in most situations, but there would be some exceptions. For example, someone who was obviously too young or too weak to be a threat, unless they drew a weapon.
Consult an attorney licensed in Ohio for a definitive answer on current Ohio laws and case precedents.
2007-03-22 23:45:58 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Unless there is a threat of deadly force levied against you, you have no justification to shoot at anyone. Remember this, just because a shooting is rule justifiable by the DA's office, this does not in any way mean that the perpetrator, or their heirs cannot sue the pants off of you in civil court and win humongous damages. Horror stories of this kind has happened in the past, and will happen again. Before you decide to fire your gun, think about what I just said.
2007-03-23 06:54:10 · answer #3 · answered by WC 7 · 0⤊ 0⤋
I don't know what Ohio Law is, but always use your judgement. ONLY fire upon someone if they are immediately threatening your life.
Now, in my personal opinion, if someone is IN my home and is not welcomed there, I have reason to believe that they're willing to cause harm to me and my family and I will shoot them. If questioned, I'll just say "He said he was going to kill me."
ALWAYS put yourself and your family at the advantage because one person could take away everything that is precious to you.
There are evil people who will kill you, rape you wife, and take your kids. DO NOT make the mistake of giving them the benefit of the doubt.
If everyone held this philosophy, violent crime would be almost non-existant.
2007-03-22 23:58:14 · answer #4 · answered by Voice of Liberty 5 · 0⤊ 0⤋
If someone is breaking into your home, let them all the way in, and then look scared, even if you aren't. You can defend yourself if you feel your life or the lives of your family is in danger. If they are outside just trespassing, you can't do anything.
2007-03-22 23:40:52 · answer #5 · answered by steven_p_ohio 3 · 1⤊ 0⤋
The devil is in the details.....
Generelly yes, but you and your familiy or others in your house had reasonable fear that the offender will harm you. Very espacally true if they breaks and enters your home, you have a great cause to be fearful when some one break in you home. If they are tresspassing on your land progerty as in walking across your yard, your reasonable fear is severly diminised. If one can have reasonable fear from the tresspassers if they are acting aggressively on your property.
be careful of the word "reasonable". it can be slippery.
This is ment for general info and not advice.
2007-03-23 13:24:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
In many states, you are obliged to retreat. In no case are you allowed to shoot a trespasser. More recent laws allow you to shoot an assailant in a place where you have a right to be without retreating. Read this article and then check on the progress in your state:
http://www.nraila.org/Issues/Articles/Read.aspx?id=199&issue=042
2007-03-22 23:56:02 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You, in order to be justified, an imminent threat to to your life or someone elses. In the case of a burglar, you have to see a weapon of some sort, and thats at the very least, if you shoot them in the back, there was no threat and therefore you're on trial. And for tresspassing, same rules, unless theres imminent threat to life...NOT property, you cannot shoot.
2007-03-22 23:41:10 · answer #8 · answered by zebj25 6 · 2⤊ 0⤋
Breaking in, I would think so. Trespassing is more touchy. Hate to say this, but if someone does break in and you shoot them, KILL them. Dead perpetrators can't haul you into court and sue you for everything you have.
2007-03-22 23:40:05 · answer #9 · answered by Anonymous · 2⤊ 0⤋
well i don't know the law in Ohio but in Kentucky you can shoot somebody that breaks in your home not in your yard or your garage or if somebody is trying to kill you or another person
2007-03-22 23:41:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋