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-   -   Ohio castle doctrine covers children? (http://www.firearmstalk.com/forums/f97/ohio-castle-doctrine-covers-children-84635/)

molonlabexx 02-19-2013 11:18 PM

Ohio castle doctrine covers children?
 
Does the Ohio castle doctrine allow persons under the age of 18 to stop criminals. Say a child is given a rifle for Christmas. If the said child uses the gun for home defense, is that child allowed to stop an intruder with either that gun or a parent/guardians gun. Considering that the child obeys the retreat law etc etc. Have always wondered this and need it answered for future purposes. Thanks in advance!

-Post moved to more appropriate section. Please don't mistake this for a double post-

c3shooter 02-20-2013 08:13 PM

Mo- you have been asking a lot of legal questions- and none of us here are lawyers (well, we HAVE had 2 lawyers here- but some of the questions have left them curled in a fetal position, softly whimpering- so I really did not want to disturb them)

Not a legal answer, but a general one- a child has a right to resist an attempt to cause them serious bodily harm or death. They do NOT have the right to own property until they are adults. This DOES vary to some degree from state to state.

MOST of the Castle Doctrine (again, this varies, and I am NOT an attorney) is based upon "standing your ground" when approached by a threat on your own ground. Contrary to common belief, you cannot simply shoot someone walking across your field. Trying to force their way in to your house, car, etc- and placing you in fear- yes. You are under no compulsion to retreat.

If anything, a child's ability to defend themselves from force would likely be considered LESS than that of a healthy adult- meaning that deadly force might be more available to a minor than an adult- as it would to an adult in a wheelchair, diminished by age and infirmity, etc.

Now, everything will depend on totality of circumstances- and you have not given circumstances, so just for grins, I will posit some.

A 14 yr old is home alone when a belligerent drunk tries to kick in the door (having arrived at wrong house, he has decided his wife has locked him out). He is screaming incoherently, kicking the door hard enough to make it flex, has thrown a rock thru the window, and is declaring his intent to knock the hell out of whoever locked him out.

And stops 3 rounds of CCI Mini-Mag .22 LR fired thru the door into his chest by a 14 yr old that he just scared the crap out of.

Now, how do you think THAT would be viewed by the local LEOs, the District Attorney, and the Judge? Oh- 14 yr old is good student, no juvie record.

Change circumstances, get a different answer. In the meantime, you may want to read up on the ACTUAL Castle Doctrine in YOUR state, including any cases that have proceeded from it.

BigByrd47119 02-20-2013 09:48 PM

^^^that is, IMHO, the right answer^^^

You dont have less of a right to self defence if your a minor, but dont think the police wont want to talk to the parent(s)! Why was he able to get the rifle, was he told he could do that, etc.

Generally speaking, I believe if it applies to an adult it will apply to a minor on matters of self defence.

molonlabexx 02-21-2013 07:08 PM

Thanks for the answers. I have asked this to a few people but have not had a clear answer. I wonder if the parents would get in trouble IF the child had safe possession of the rifle. I know in my state, it is technically allowed if a child under 18 has a RIFLE but not ok if it is a handgun. I appreciate all the legal answers as they have helped me a lot. Thanks!

BigByrd47119 02-21-2013 07:11 PM

Quote:

Originally Posted by molonlabexx (Post 1147395)
Thanks for the answers. I have asked this to a few people but have not had a clear answer. I wonder if the parents would get in trouble IF the child had safe possession of the rifle. I know in my state, it is technically allowed if a child under 18 has a RIFLE but not ok if it is a handgun. I appreciate all the legal answers as they have helped me a lot. Thanks!

Handgun by a minor would more than likely cause some issues, but I wouldnt think it would result in murder charges were the situation legal provided the handgun had been a rifle or shotgun.

Ohio Castle Doctrine is fairly clearly stated and over all a good piece of legislation. I miss it :(

molonlabexx 02-21-2013 07:16 PM

Quote:

Originally Posted by BigByrd47119 (Post 1147397)
Handgun by a minor would more than likely cause some issues, but I wouldnt think it would result in murder charges were the situation legal provided the handgun had been a rifle or shotgun.

Ohio Castle Doctrine is fairly clearly stated and over all a good piece of legislation. I miss it :(

Yes we Ohioans are very lucky to have it. My co-worker got a rifle for his son who lives with his mom, leaving him the only man of the house AKA only defender. I am pretty sure that if he indeed obeyed the castle and retreat and stopped an intruder, he would not be charged or the parents wouldn't get in trouble even though the said child (I think he is 14-15) had the firearm in his room. I know you guys aren't lawyers and all that, just wanted to raise some questions that I have really wanted to know the answer.

BigByrd47119 02-21-2013 07:22 PM

Quote:

Originally Posted by molonlabexx (Post 1147401)
Yes we Ohioans are very lucky to have it. My co-worker got a rifle for his son who lives with his mom, leaving him the only man of the house AKA only defender. I am pretty sure that if he indeed obeyed the castle and retreat and stopped an intruder, he would not be charged or the parents wouldn't get in trouble even though the said child (I think he is 14-15) had the firearm in his room. I know you guys aren't lawyers and all that, just wanted to raise some questions that I have really wanted to know the answer.

Glad you have that perspective.

Ohio does has age restrictions but I cant remember what they are. Try googling ohio gun laws and look for a website something to the effect of Gun Laws by State. O think the laws primarily related to minors in possession for hunting but there may be more than that now...

JTJ 02-21-2013 07:58 PM

Are we supposed to leave our kids defenseless when they are home alone? My kids were trained to use firearms from an early age. They both went through hunter safety. A lot of us have shotguns for home defense and this is the ideal use for a youth 20 gauge which would also happen to fit my wife. Locking guns up to prevent kids from getting access also prevents them from defending themselves but then it seems we have crooks trying to make a safe work environment for other crooks. You would think they would not want the competition.

molonlabexx 02-21-2013 08:05 PM

I would rather have my kid behind a stand, then in a coffin...


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