Governor Kasich vetoes bill changing burden of proof in self defense cases

Governor Kasich vetoes bill changing burden of proof in self defense cases

Gun Rights

Ohio Governor John Kasich has vetoed a bill that would have changed the burden of proof in cases of self-defense. House Bill 228, known as the Duty to Retreat bill, shifted the burden of proof from a defendant choosing to use an affirmative defense to the prosecution. It also changed the burden from something that has to be shown to be more likely than not to something that needs to be proved beyond a reasonable doubt. An earlier version of the bill included language that eliminated the duty to retreat when faced with having to use self-defense. Kasich has recently supported "red flag" laws allowing gun rights to be temporarily stripped from people who show warning signs of violence. Kasich’s veto message said he couldn’t sign a bill without such a provision, calling it "baffling and unconscionable" that Ohio’s GOP-controlled General Assembly was unwilling to even debate the idea. Kasich elaborated on his reasons for the veto in his veto message: STATEMENT OF THE REASONS FOR THE VETO OF AMENDED SUBSTITUTE HOUSE BILL 228 December 19, 2018 Pursuant to Article II, Section 16, of the Ohio Constitution, which states that the Governor may disapprove of any bill, I hereby disapprove of Amended Substitute House Bill Number 228 (Am. Sub. H.B. 228) and set forth the following reasons for so doing. Since first being elected to the Ohio Senate in 1976, I have consistently supported Ohioans’ constitutional right to bear arms and to defend themselves and their families. As governor, […]

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