Lawsuit Challenges Ohio’s Stand Your Ground Law

Two state lawmakers, the Ohio State Conference of the NAACP and the Ohio Organizing Collaborative filed a lawsuit Thursday that challenges the state’s recently passed Stand Your Ground law, claiming Republican legislators violated the state constitution.

The lawsuit claims GOP lawmakers added the measure to an unrelated bill and passed it an hour later without providing public notice or debate. Everytown Law, an organization with a New York City mailing address that litigates gun safety issues, is representing the four plantiffs, along with the Ohio law firm Bloomekatz Law.

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Ohio ‘Stand Your Ground’ Law Takes Effect Tuesday

State Senator Tim Schaffer

Senate Bill 175, which removes the duty to retreat in the event of a physical attack against a person or residence, will go into effect Tuesday. 

“For purposes of determining the potential liability of a person in a tort action related to the person’s use of force alleged to be in self-defense, defense of another, or defense of the person’s residence, the person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence,” the text of the bill says. 

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DeWine Backs Down on Stand-Your-Ground Opposition, Signs Ohio Gun Bill into Law

Today, Governor Mike DeWine signed Senate Bill 175 despite hubbub he may veto the act.

“I have always believed that it is vital that law-abiding citizens have the right to legally protect themselves when confronted with a life-threatening situation. While campaigning for Governor, I expressed my support for removing the ambiguity in Ohio’s self-defense law, and Senate Bill 175 accomplishes this goal. That is why I have signed this bill today.”

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Ohio Speaker Cupp Ignores Rep Keller Request to Take Up House Gun Bill, Instead House Opts for Senate Version of Stand-Your-Ground

Former Ohio State Representative Candice Keller (R-Middletown) attempted to bring two pieces of legislation to the House floor for consideration and vote at the end of a marathon session but was virtually ignored by Ohio Speaker of the House Bob Cupp (R-Shawnee Twp.).

The session began at 11:15 a.m. on December 17 and ran past 1:30 a.m., around the time Representative Keller moved to suspend Ohio House of Representatives Rule 66 – which requires a bill to be placed on the House Calendar at least 24-hours in advance of consideration, unless voted upon by a majority of the House otherwise.

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