Question about ORC 2923.16 as it relates to self defense

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Lucubration
Posts: 4
Joined: Wed May 15, 2013 1:14 pm
Location: Mayfield Heights, OH

Question about ORC 2923.16 as it relates to self defense

Post by Lucubration » Wed May 21, 2014 1:58 pm

Hey, folks. I was reading an article on a popular firearms-related blog site about the naked guy who jump into a woman's car and assaulted her. It brought to mind a question I've been mulling over lately regarding Ohio law. Specifically, ORC 2923.16 Improper handling of firearms in a motor vehicle states:
(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.
Among all the various sub-sections, I can't find anything about a valid defense if you're using the firearm for lawful self-defense. Is it actually illegal to shoot in self defense if you're in/on a motor vehicle in Ohio? Even if you've been, let's say, grabbed off the street and you're struggling with your attacker in the back of a van? Or your RV was invaded? Or someone jumps in your car at a stoplight?

Brian D.
Posts: 1970
Joined: Thu Jan 01, 2009 9:07 pm
Location: SW Ohio

Re: Question about ORC 2923.16 as it relates to self defense

Post by Brian D. » Wed May 21, 2014 2:14 pm

Those here who work with legal words for a living can explain it better, but: defense of yourself or others, who would be within their rights to do so under the circumstances, is well understood and accepted in Ohio's laws. The concept/doctrine is actually stated a time or twelve ( :) ) someplace in the ORC. Plus, a ton of times in case law from court decisions.
"I have decided not to vote, speak in public, assemble in groups or petition my government either directly or by writing to the newspapers.

Some ignorant person may become alarmed, and we can't have that.''

--CAR15A2, 3/31/09

DontTreadOnMe
Posts: 115
Joined: Wed May 02, 2012 12:13 pm

Re: Question about ORC 2923.16 as it relates to self defense

Post by DontTreadOnMe » Wed May 21, 2014 2:41 pm

Valid self defense can justify anything from jaywalking to homicide. The key word is 'valid'.

Lucubration
Posts: 4
Joined: Wed May 15, 2013 1:14 pm
Location: Mayfield Heights, OH

Re: Question about ORC 2923.16 as it relates to self defense

Post by Lucubration » Wed May 21, 2014 3:01 pm

Good points. Along those lines, I was also just directed to look up the term "necessity" or "competing harms" as it relates to criminal law. It was a good read, and cleared things up.

Thanks, folks.

KahrKarrier
Posts: 158
Joined: Tue Jan 22, 2013 11:45 am
Location: Hilliard Ohio

Re: Question about ORC 2923.16 as it relates to self defense

Post by KahrKarrier » Fri May 23, 2014 3:53 pm

Keep in mind that discharging a firearm within the city limits is illegal in most municipalities. Pretty sure that if you shoot a bad guy in your home inside the city limits, you are not going to be charged with that either.

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