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The
Below Comments Relate to this Newslink:
OH: Ohio Democrats challenging state’s new ‘stand your ground’ law
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Throughout the process, Democrats loudly voiced opposition, and recently two House members announced plans to introduce a bill that would repeal the new law.
“The ‘stand your ground law’ is actually a ‘make my day law’ and jeopardizes the life of every Ohioan,” state Rep. Adam Miller, D-Columbus, said. “Someone can now shoot — and kill — merely by professing they thought they were threatened. Fender benders and parking lot standoffs are now ripe for gun violence. More troubling, this bill threatens every person of color in our state. We can do better — and we must.” |
| Comment by:
PHORTO
(1/29/2021)
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The misinformation disseminated by the opposition is scurrilous. The same legal standard is present under SYG laws as it is without them.
For a shooting to be justified, the defender must reasonably believe that s/he is in immediate danger of being killed or egregiously injured, even if there is no statutory duty to retreat, as measured by the "reasonable person" standard. If another reasonable person would perceive the same threat under the same circumstances, the use of force is justified.
A duty to retreat places the defender in even more danger. Reaction time is critical in deadly situations, and imposing a "duty to retreat" is tantamount to scattering ball bearings on the floor. Not very smart; in fact, it's outright dumb. |
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| QUOTES
TO REMEMBER |
| As an individual, I believe, very strongly, that handguns should be banned and that there should be stringent, effective control of other firearms. However, as a judge, I know full well that the question of whether handguns can be sold is a political one, not an issue of products liability law, and that this is a matter for the legislatures, not the courts. The unconventional theories advanced in this case (and others) are totally without merit, a misuse of products liability laws. — Judge Buchmeyer, Patterson v. Gesellschaft, 1206 F.Supp. 1206, 1216 (N.D. Tex. 1985) |
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