Bill > HB408

This bill modifies Ohio law regarding self-defense and the "duty to retreat" in specific situations. The legislation amends three sections of the Revised Code to expand where individuals have no obligation to retreat before using force in self-defense or defense of another. Specifically, the bill clarifies that a person has no duty to retreat when lawfully in their own residence or vehicle, or in a vehicle owned by an immediate family member. The changes remove previous language that required consideration of potential retreat as a factor in determining whether force was reasonably used for self-defense. The bill also maintains existing presumptions about self-defense, such as the assumption that defensive force is justified when someone is unlawfully entering a residence or vehicle. Importantly, the presumption of self-defense does not apply if the person against whom force is used has a legal right to be in the residence or vehicle, or if the person using defensive force is themselves unlawfully present in the location. These modifications aim to provide clearer legal protections for individuals using force in self-defense within their own spaces, potentially making it easier for people to defend themselves without first attempting to retreat.

Military Affairs and Security

https://www.legislature.ohio.gov/legislation/136/hb408