Concealed gun permits focus for city Rotarians
STEUBENVILLE — City Rotarians were told of the legal responsibilities for those with concealed gun permits during the club’s Friday luncheon meeting at the city YWCA.
Attorney Roger Isla of Wintersville said he became interested in sport shooting from his brother and had acquired a concealed and carry permit for handguns in Ohio. Isla said many who have such permits aren’t really aware of the legal responsibilities that come with the permit, as those responsibilities aren’t always taught in classes required for the permit.
“Various states have different levels of (regulations),” said Isla, adding Ohioians are required to take a class before acquiring a permit. “You can’t just pick up a gun and shoot someone. Homicide can be legal.”
Isla said the law is simple — if one party causes the death of another human being, that’s the legal definition of homicide in Ohio.
“They never talk about the aftermath,” Isla continued, adding those who conceal and carry have to follow the letter of the law and are responsible for proving deadly force was warranted if they shoot and kill another person. “If there’s a handgun involved, you are going to be prosecuted.”
Isla said to meet the legal definition of self defense those with conceal permits must be extra cautious and only use deadly force when absolutely necessary.
“I shot him,” said Isla. “He’s dead. Now what?”
Isla said the person must prove their intentions were justifiable before a court for it to be considered self defense under the law.
“You (the defendant) have to provide elements of self defense,” he said, adding some who acquire permits “suddenly think they possess superpowers. They think they are police officers. Don’t look at it that way.”
Isla said even police have to meet certain standards before pulling a weapon and shooting, and the bar is even higher for a civilian.
“This isn’t a ‘stand your ground’ state,” said Isla. “Innocence — you have to be innocent. You can’t be the aggressor. You need to walk away. If it makes you look like a coward, who cares? You have to retreat, if you can do so safely. You have to be reasonable.”
Isla continued if the other individual has an intention to harm and if the person possessing a concealed permit has the chance to get away, they must. Otherwise, it might not be considered justifiable homicide if shots are fired. There must be an imminent fear of bodily harm, “right here and right now,” to meet the legal standard of justifiable homicide, he said.
However, Isla also said if approached by an individual brandishing a weapon that could be lethal and there’s no reasonable means of escape a person could be within their right to self defense to pull the weapon and fire in the case of “imminent harm.” He added there also has to be proportionality, and those carrying permits can’t escalate a non-lethal situation and then use a weapon.
“It’s not advisable,” he said. “Better to call the police. You never use a gun offensively. That’s only for police and military. Drawing a weapon is lethal force. End of story.”
Home invasions are different, in that “a home is considered a man’s castle,” Isla continued. “It’s the place of last retreat. You have a right to defend it.”
(Miller can be contacted at mmiller@heraldstaronline.com.)
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