Ohio Governor John Kasich vetoed a bill on Wednesday that would have shifted the burden of proof from the defendant to the prosecutor in self-defense cases. Ohio is the only state that requires defendants to prove that their use of force was justified in self-defense. The proposed bill would shift this burden to the prosecution: A person is allowed to act in self-defense, defense of another, or defense of that person’s residence. If, at the trial of a person who is accused of an offense that involved the person’s use of force against another , there is evidence presented that tends to support that the accused person used the force in self-defense, defense of another, or defense of that person’s residence, the prosecution must prove beyond a reasonable doubt that the accused person did not use the force in self-defense, defense of another, or defense of that person’s residence, as the case may be. The bill also included several provisions that would expand the … [Read more...] about Ohio Governor vetoes self-defense legislation
Self defense requirements
Some are calling it “murder insurance,” and say that rather than promoting personal responsibility and protection, it encourages gun owners to take action and not worry about the consequences. And, they say, it’s being marketed in a way that feeds on the nation’s racial divisions.Guns Down, a gun-control group formed last year, is running an ad campaign to criticize the NRA’s new insurance. It’s just the latest group to take aim at the NRA’s offering.“The reason I call it murder insurance is because if you look at the way this is marketed, it’s really sold in the context of ‘There’s a threat around every corner, dear mostly-white NRA member,’ and that threat is either a black man or a brown man or some other kind of person of color,” said Guns Down director Igor Volsky.“So when you inevitably have to use your gun to defend yourself from this threat around every corner, you have insurance to protect … [Read more...] about ‘Murder Insurance’ or Protection in Self-Defense Cases?
Lance Toland told WSB-TV in Atlanta. “It’s a 5 shot .410, just like a shotgun and you call it hand cannon.”Lance Toland Associates, which is an aviation insurance agency, has several offices around Georgia. The owner says after employees get their license, Toland gives them a gun known as the “governor,” which is made by Smith & Wesson. Toland contends the weapon is one of the most effective for self-defense. Toland says his company’s gun mandate came as a result of a surge in crime in the Atlanta metro area.“A lot of my clients are high-fiving when they hear this. They think it’s the best things for a company to mandate gun ownership and be responsible,” Toland told the television station. He says most of his employees are women and within several weeks of the announcement, everybody had gotten their license.In 2014, Georgia expanded its gun laws in a bill dubbed the “guns everywhere bill.” The law allows … [Read more...] about This Company Is Now Requiring All Employees to Carry Guns at Work
Gun owners take pride in their firearms and in the accoutrements needed to keep their weapon and carry it safely—ammunition, cleaning kits, a gun safe. Now a growing number of gun owners are brandishing another must-have accessory: an attorney.Following a string of high-profile gun incidents, there’s a renewed awareness about the serious legal consequences that can accompany gun ownership.Whether it’s being sued in the wake of an accidental discharge, being cited for incorrectly carrying a concealed weapon or facing criminal charges for shooting somebody in self-defense, gun owners are realizing that having an attorney on their side might be a smart idea.That sentiment has reared a cottage industry of lawyers offering prepaid legal defense plans for gun owners. In particular, the services are touting legal protection in the extreme event that a member shoots another person in self-defense and ends up saddled with devastating attorney fees.“People don’t … [Read more...] about Gun owners are looking to join prepaid legal defense plans
A federal appeals court has upheld a firearms conviction based on video evidence collected without a warrant from a camera perched on top of a utility pole.The Cincinnati-based 6th U.S. Circuit Court of Appeals said that even though much of the evidence was collected without a warrant, the video surveillance did not violate the Fourth Amendment, report Ars Technica and the Volokh Conspiracy.Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted warrantless monitoring of Rocky Houston’s Tennessee farm for 10 weeks, beginning on Oct. 10, 2012. Agents obtained a warrant in December 2012 after an unpublished appellate decision expressed “some misgivings” about warrantless surveillance using a backyard pole camera.The warrantless surveillance didn’t violate the Houston’s reasonable expectation of privacy because it recorded the same view of Houston’s Tennessee farm that could be seen by passersby on public roads, the court said in … [Read more...] about 10 weeks of video evidence from utility-pole camera didn’t require warrant, 6th Circuit says