News: “Kasich Vetoes Ohio’s Adoption of Modern Self-Defense Laws”

Unsurprisingly, Ohio Governor John Kasich has vetoed HB 228, by which the Ohio legislature sought to adopt modern self-defense laws for its residents, according to various news reports.

Kasich vetoed the bill despite proponents having stripped out the more controversial “stand-your-ground” (no duty to retreat) provisions from the bill. 

We have previously posted on the travails of this bill here:

News: "Ohio Senate Approves Modern Burden of Proof, But Not ‘Stand-Your-Ground’"

News: "Stand-Your-Ground Taken Up By Ohio Senate"

News Update: Ohio House Votes to Join Modern Era of Self-Defense Law

The heart of the bill remained in place, however:  shifting the burden of persuasion on self-defense from the defendant proving self-defense by a preponderance of the evidence to the prosecution disproving self-defense beyond a reasonable doubt.  Thus Ohio would have adopted the same legal standard applied in every other state.

Kasich appears to have been particularly peeved that the legislature failed to adopt a variety of gun control laws he advocated, including so-called “red flag” laws under which civil rights can be violated without due process. 

Noting the absence of his favored anti-civil rights provisions, Kasich pondered:  “Why would I sign a bill that gives more power to the gun advocates?”  Because “gun advocates” are apparently an evil group that must be opposed, even at the cost of modern due process for all Ohio residents.  

The Ohio legislature has long anticipated Kasich’s promised veto of this civil rights bill, and has consistently claimed they have the votes to override the veto.  In this last week of 2018, we’ll see if they can pull off what they claim.

--Andrew 

Attorney Andrew F. Branca  
Law of Self Defense LLC

 

 

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