Ohio's affirmative defense...any Experience?

W

wolf 1415

New member
Does any one have any personal experience with Ohio's Affirmative defense for concealed weapons? It is my understanding that I can be charged, but will be found not guilty if I can show that in my situation, "a reasonable man is justified in going armed."

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The Innocent shall not be disarmed for the sins of the guilty.
 
I'm interested in this as well. I almost always have some sort of weapon on me if I feel the need. Granted, I avoid carrying my gun around. I usually have either an automatic baton in my car, or a knife on my person. This isn't exactly legal, but probably less serious than having a gun with me.
 
It is my understanding that the affirmative defense in Ohio has the effect of changing the law to mean "guilty until proven innocent." It is also my understanding that the affirmative defense has been successfully used mostly by people who have cash-related businesses, and feared for the loss of their money.

This is sickening to me. What the state is essentially saying is that money is more important than life. Apparently, fearing attack on yourself or a loved one is not cause enough to allow you to carry concealed. So if I am holding $1,000 cash while doing business in a bad neighborhood, I could carry concealed... but... if I am holding my infant daughter in the same neighborhood, I could not. :mad:



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RKBA!
"The people have the right to bear arms for their defense and security"
Ohio Constitution, Article I, Section 4 Concealed Carry is illegal in Ohio.
Ohioans for Concealed Carry Website
 
I'm an area manager for a chain of CD stores, plus we operate vending machines in our stores and I collect cash from them. It's obvious that I'm "justified in going armed." Additionally, I was attacked by a young punk with a knife during last year's Christmas season in the store. I keep a copy of my anti-stalking restraining order on me at all times. After the attack, I asked my prosecutor, " How can I protect myself from retaliation?" His answer, "Get a gun." And here we are today....

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The Innocent shall not be disarmed for the sins of the guilty.
 
wolf, I believe that you would be prudent in going armed when on the job. I also think that you could probably convince a judge, jury, prosecutor, etc. that you were justified in carrying.

Unfortunately, if it comes to that, your gun will be confiscated, you will be handcuffed, fingerprinted, jailed, arraigned, bailed, and probably incur thousands of dollars of legal bills defending yourself. Good luck getting your gun back too.

Look at my signature line. Read the Ohio Constitution. Doesn't say anything about a militia does it? Then why are we not allowed to defend ourselves in Ohio? :mad:

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RKBA!
"The people have the right to bear arms for their defense and security"
Ohio Constitution, Article I, Section 4 Concealed Carry is illegal in Ohio.
Ohioans for Concealed Carry Website
 
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