Just wondering what the law is concerning deadly force in your house in a castle law state. If I can avoid confrontation and bunker down in a room should I just avoid the fight? I got some advice from
Ohio Gun Owners Community for Ohio Firearm Owners and they recommended avoiding the gun fight since after all it can go both ways but wanted to see what everyone else said here in a more pro-gun forum.
Ohio has no Duty to retreat while you're in
your own home or vehicle. You don't have to hide.
Lawriter - ORC - 2307.601 No duty to retreat in residence or vehicle.
Lawriter - ORC - 2901.09 No duty to retreat in residence or vehicle.
Caution: The law stipulates that you must be in
your own home for these laws to apply.
- If you're at a friend's SuperBowl party and a few thugs break down the door, your friend can draw his gun but you can not. You have to flee first because it's not your residence.
- If your girlfriend picked you up from work and you experience a road-rager on the way home, you DO have a duty to retreat before using lethal force; you are not in your vehicle, you are in her vehicle.
Ohio has made great progress in repealing draconian gun control laws over the last couple decades, but unfortunately, silly rules like these are still on the books.
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Regarding Castle-Doctrine, there are state-specific details, so let's use Texas. Generally, you cannot use deadly force for simple trespassing. If someone opens your unlocked front door, walks in and just stands there, you can
not shoot them (
Texas Penal Code §9.41 authorizes force, not deadly force. When Texas law authorizes lethal force the law is careful to say exactly "lethal force"). The trespasser has to also be committing an
forcible felony.
An example of a state-specific detail is the above does not apply in Texas after dark (
Texas Penal Code §9.42). In Texas, after dark, if someone opens your unlocked front door, walks in and does nothing else, you
can shoot them because the law views that as burglary. Texas has a long history of land-grabs and property disputes Not every Castle-Doctrine state has such a provision, however.
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Regarding whether or not you should hide, IMO you should not kill someone unless you absolutely have to. Forget the legal and financial consequences for a moment, you will not enjoy PTSD.