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Ohio Lawmakers Override Governor’s Veto of Pro-Gun Legislation

 In 2nd Amendment

Ohio Governor John Kasich “profoundly disagreed” with a bill that added protections for gun owners who used their weapons in self-defense.  So the Ohio lawmakers ‘profoundly’ went over his head and overrode his veto.  The House voted 67-22 and the Senate 21-11…two-thirds majorities in both chambers.

Breitbart reported (emphasis mine):

HB 228 required the state to prove that self-defense was not a justifiable claim under certain circumstances rather requiring the gun owner to prove that it was. The goal of the bill was to  preserve the gun owners’ ability to be innocent until proven guilty.

An article in BuckeyeFirearms noted the problem that led to the bill in the first place:

In forty-nine states, all but Ohio, once a defendant has raised the legal defense of self-defense it becomes the responsibility of the prosecution to disprove self-defense beyond a reasonable doubt. There’s not [an] accepted mathematical figure for how much evidence constitutes “beyond a reasonable doubt,” but it is an overwhelming majority of the evidence. For purposes of illustration let’s pretend it means 90% of the evidence. So to defeat self-defense in 49 states, the prosecution must come up with 90% of the evidence in its favor.

In Ohio, on the other hand, once a defendant has raised the legal defense of self-defense it remains the defendant’s obligation to prove self-defense by a preponderance of the evidence. For purposes of illustration, let’s pretend that means simply 51% of the evidence. Of course, as a practical matter if the defense must prove self-defense by 51%, that’s just another way of saying the prosecution needs to disprove self-defense by 50% – just enough to deny the defense it’s 51%. If the prosecution can disprove self-defense by even 50% of the evidence they’ve prevented the defense from meeting its obligation, and the claim of self-defense fails.

Statistics on the use of guns in self-defense cases are often skewed, and marginalized by the media, with leftists downright pretending they don’t exist. The NPR, for example, says that guns used in self defense are rare, and doesn’t justify the use of a gun. It’s a fallacy. According to the Truth About Guns, Gary Kleck, a researcher at FSU found solid evidence of large numbers of DGU (Defensive Gun Use).

“…Because based on his research, Kleck found that the number of defensive gun uses in the US was somewhere between 2.1 and 2.5 million per year, a huge multiple over the number of crimes involving firearms. Not the lower (though still significant number of 500,000) total that the CDC had claimed.

For those who wonder exactly how purely scientific CDC researchers are likely to be about issues of gun violence that implicate policy, Kleck notes that “CDC never reported the results of those surveys, does not report on their website any estimates of DGU frequency, and does not even acknowledge that they ever asked about the topic in any of their surveys.”

Even the CDC buried the results of research into the use of guns for self-defense. But keep in mind that Governor Kasich still remains “profoundly” in disagreement with protecting any gun owners. Please remember that if he ever runs for President again.

 

Featured photo via Truth in Media

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