Catsle law???

[Hope Springs Hauler]

If you've ever been in a shoot/don't shoot situation then you would appreciate that what the court might or might not say is irrelevant. (i.e. Take your chances with a jury versus an armed intruder.) But then again, I suppose YOUR best move might be to use one of your "Lifeline" calls to get an answer; hope your cell is close by.

Try answering the question before posing your own. ;) So are you saying you HAVE had to pull a gun on someone? Unless the answer is yes, I've got you on this one as I have held an intruder on the ground, gun in his face until the cop arrived AND resisted the temptation to end another's life. He broke in the back door of my house.

(The bittersweet conclusion to the story was that the cop lost the guy on the way to the car Great Lexington PD)

Your belief that the judge or jury's opinion is completely irrelevant had better be backed up by DEEP pockets. It ain't a criminal case I'm worried about; it's the stinking civil case that bothers me. You are also assuming that the intruder IS armed....etc. There are a lot of "if's" to any situation and you seem to be assuming that actually using deadly force is the correct answer immediately instead of taking a split second, assessing the situation and making a decision. I just hope a friend or family member doesn't drop in on you, you kill them and then you have to live with that regret because you didn't pause to assess the situation.

[WrenchMonkey]

I've read through all those and I'm wondering a garage counts as a "temporary habitation"

Well, technically, I'd say no.

The law specifically names residences and vehicles. But by the definitions in ORC 2901.05-D:

(2) “Dwelling” means a building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging in the building or conveyance at night, regardless of whether the building or conveyance is temporary or permanent or is mobile or immobile. As used in this division, a building or conveyance includes, but is not limited to, an attached porch, and a building or conveyance with a roof over it includes, but is not limited to, a tent.
(3) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.
(4) “Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.

I'd say a garage would qualify as a "dwelling," not a "residence," and thus not be covered under the Castle Law.


That said, I think it'd take a pretty lousy lawyer (but I repeat myself) to lose that case for you.

Robert

[thefuzz]

Ok any ocupied struture can be a garage, outhouse, anything that is ocupied by human life ant any times... just as a camper or motorhome is considered a home if it is ocupied at times ..as for shooting someone and placing a weapon on them or around them i advise you NOT TO you'll get in more trouble for tampering with the crime scene then the shooting.. keep in mind if you alwayse shoot to STOP THE THREAT!! never say shoot to kill if the subject dies o well if they car reserect him to get a statment from him that says he did not mean any harm to you then go for it..

active law enforcment for over 14 years now >>> and a OHIO peace officer certified firearms instructor for the state..

[TomH]

Try answering the question before posing your own. ;) So are you saying you HAVE had to pull a gun on someone? Unless the answer is yes, I've got you on this one as I have held an intruder on the ground, gun in his face until the cop arrived AND resisted the temptation to end another's life. He broke in the back door of my house.

(The bittersweet conclusion to the story was that the cop lost the guy on the way to the car Great Lexington PD)

Your belief that the judge or jury's opinion is completely irrelevant had better be backed up by DEEP pockets. It ain't a criminal case I'm worried about; it's the stinking civil case that bothers me. You are also assuming that the intruder IS armed....etc. There are a lot of "if's" to any situation and you seem to be assuming that actually using deadly force is the correct answer immediately instead of taking a split second, assessing the situation and making a decision. I just hope a friend or family member doesn't drop in on you, you kill them and then you have to live with that regret because you didn't pause to assess the situation.

I sure fell for that one. (i.e. The excuse to inject that stirring tale of your hand gun heroics.) Well, fact of the matter is that I have pulled a gun in self defense after someone broke into our house, but the outcome was nowhere near as dramatic. He fled before I could hold him down and put a gun in his face.

PS,
Thanks for the self-righteous firearm and legal liability lecture, (The "split second, assessing the situation and making a decision" verbiage was especially moving.) but you're about 30 years too late.

[Hope Springs Hauler]

Well, I guess you have just proved that you are SO much better than me
By your statements, you are a self-righteous prig that would be willing to shoot anyone (if they didn't run), then think about consequenses later. It must be awesome to live completely without fear of the abomination that is our legal system.

If you fell for anything, it was for the fact that you assume that people speak out of theory and not experience. Hand gun, or long gun, they are both deadly force. and you must have a sense of the gravity of their use before you take that responsibility. I'm going to leave this conversation before I say something that needs moderated.

Adam, I will let you know what this instructor says. Hopefully it mirrors what the instructor above has said (thefuzz).

[Nuts]

Adam, I will let you know what this instructor says. Hopefully it mirrors what the instructor above has said (thefuzz).

Thanks man,and for the record I'm not planning on shooting anyone! I was just wondering what would happen if the situation arose and wanted to find out anything I could about it.

[kb9qdi]

Good reading

[Flxratd]

im going to watch csi this week so i can get the facts just trying to decide if i go with miami,new york or vegas. i personally dont own a gun and i dont care who does as long as its not pointed at me but being the son of a 28 year now retired police officer i can say that there is alot more to shooting a gun than just being able to pull the trigger.

[Hope Springs Hauler]

im going to watch csi this week so i can get the facts just trying to decide if i go with miami,new york or vegas.

I'd say go with Miami.....the chicks are hotter

[fordman00]

If I'm working in my detached garage and someone breaks in while I'm in there and I shoot them is it self defense? I read a ton of info in the Ohio revised code and found out about your home,temporary home, and car but nothing about a garage. Not sure if there are any lawyers on here but maybe someone could point me in the right direction. I'm asking because my garage has been broken into twice in the last month, the last time was just minutes after I went in. Its getting kind of nerv racking being out there at night not knowing if someone is coming in or not...

talked to a teacher who has over 35 years in law enforcement in Ohio and he said anywhere you are if someone tries to do bodily harm towards you or a family member it is self defense, and so on, but he wouldnt recommend shooting them just maybe a warning shot somewhere other than their body.

[GPER]

And put a hole in my roof, I'd rather put the hole in them.

[RuffedUpXJ]

And put a hole in my roof, I'd rather put the hole in them.

Gotta slow him down enough to have the cops catch them. Now if its Trenton no need to shot because all of their cops are in fine athletic shape, even Pocahontas. Just messing Sarge.

Have there been any cases like this you have ran across Sarge?

[fordman00]

id personally would rather not shoot him at all unless he presented a weapon because if he did then you have proof beyond a reasonable doubt that he intended to do harm and it would hold in court you were acted in self defense.sarge could maybe elaborate more about the court stuff, but i wouldnt want to shoot him unless he came at me or presented a weapon etc.

[Nuts]

I already said I'm not planning on shooting anybody.I just wondered what the law was incase it came to that. You never know what a crack head is going to do when they get caught breaking in somewhere...

[fordman00]

yeah, with the hard times people are desperate. a drive thru down the road from me was robbed at knife point and another one was robbed by gun point.