The Volokh Conspiracy - Concealed Carry News Story:

From the Cleveland Plain Dealer:

Damon Wells ... had a permit to carry his gun, and he had the gun on him when a pair of teenage thieves approached him Saturday night on his front porch.

When one of the youths pulled a gun, Wells whipped out his and shot one of the boys multiple times in the chest, police said.

Arthur Buford, 15, died after stumbling away and collapsing on a sidewalk near East 134th Street and Kinsman Road.

City prosecutors decided Monday that Wells, 25, was justified and would not be charged for what appears to be the first time a concealed-carry permit holder has shot and killed an attacker....

It's unfortunate that the teenager involved in the gun robbery died, but it strikes me that Wells was entirely entitled to do what he did, and that it's good that the law lets people protect themselves, including using deadly force, against gun-wielding assailants. "His cousin, Tameka Foster, 21, questioned why police refused to punish Buford's shooter. 'They let that man run out freely,' Foster said. 'My cousin is dead.'" He wouldn't have been dead if he hadn't been involved in robbing people at gunpoint.

By the way, did Wells need a permit to have the gun while on his porch? Having such a permit increased his chances that he'd have his gun on him there, since it would have made it easier for him to routinely carry the gun, without having to safely store it whenever he wanted to leave the house; but is such a permit legally required to carry on one's own porch?

The answer is not clear. Ohio Rev. Code § 2923.12(D)(3) allowed concealed carry without a license "in the actor's own home"; the question would be whether being on the front porch is being "in the actor's own home." State v. Higgins, 2006 WL 134815 (Ohio. App.), suggests that being on the front porch wouldn't qualify as being in the home, and that a concealed carry license would thus be required there; State v. Hayes, 1992 WL 357257 (Ohio. App.), holds that a concealed carry license is required to carry concealed in one's own back yard. But these are nonprecedential, unpublished decisions; I know of no published Ohio decisions on the subject.

Thanks to Trevor Stiles with the pointer.

	[Eugene Volokh, April 24, 2007 at 2:53pm] Trackbacks Concealed Carry News Story: From the Cleveland Plain Dealer: Damon Wells ... had a permit to carry his gun, and he had the gun on him when a pair of teenage thieves approached him Saturday night on his front porch. When one of the youths pulled a gun, Wells whipped out his and shot one of the boys multiple times in the chest, police said. Arthur Buford, 15, died after stumbling away and collapsing on a sidewalk near East 134th Street and Kinsman Road. City prosecutors decided Monday that Wells, 25, was justified and would not be charged for what appears to be the first time a concealed-carry permit holder has shot and killed an attacker.... It's unfortunate that the teenager involved in the gun robbery died, but it strikes me that Wells was entirely entitled to do what he did, and that it's good that the law lets people protect themselves, including using deadly force, against gun-wielding assailants. "His cousin, Tameka Foster, 21, questioned why police refused to punish Buford's shooter. 'They let that man run out freely,' Foster said. 'My cousin is dead.'" He wouldn't have been dead if he hadn't been involved in robbing people at gunpoint. By the way, did Wells need a permit to have the gun while on his porch? Having such a permit increased his chances that he'd have his gun on him there, since it would have made it easier for him to routinely carry the gun, without having to safely store it whenever he wanted to leave the house; but is such a permit legally required to carry on one's own porch? The answer is not clear. Ohio Rev. Code § 2923.12(D)(3) allowed concealed carry without a license "in the actor's own home"; the question would be whether being on the front porch is being "in the actor's own home." State v. Higgins, 2006 WL 134815 (Ohio. App.), suggests that being on the front porch wouldn't qualify as being in the home, and that a concealed carry license would thus be required there; State v. Hayes, 1992 WL 357257 (Ohio. App.), holds that a concealed carry license is required to carry concealed in one's own back yard. But these are nonprecedential, unpublished decisions; I know of no published Ohio decisions on the subject. Thanks to Trevor Stiles with the pointer.