Mack45
12-01-2005, 07:39 PM
Can someone direct me to a copy of Oklahoma's current "make my day" law?
View Full Version : Make my day law
J.P.
12-01-2005, 07:48 PM
21 OS s1289.25 (http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=69782)
dogbear
12-01-2005, 08:32 PM
A friend of mine at work told me that he heard on the news that Oklahoma was thinking about making it more like the Florida make my day law,which is supposedly more relaxed than the one we have.
stepper
12-01-2005, 08:33 PM
Oops, glad I found this. I was getting ready to post it on the other thread. I saw this tonight on the local news. Looks like good news. I wish I would have gotten the name of the guy that was on tv saying that *we* had the right to protect ourselves and regular civilians are getting tired of being targets for the bad guys. I think he should be our governor!
Mack45
12-01-2005, 08:38 PM
Thanks J.P. We've been having a lot of home invasion type robberies in the rural areas around where we live. I just wanted to see the current wording of the law.
Mack45
12-01-2005, 08:42 PM
I think that our original law was a lot more relaxed, allowed someone to use deadly force to protect "property" But was changed to what it is now. Still a good law. I dont know if I would shoot someone for stealing but I wouldnt hesitate to shoot someone who was threatening my family.
okgr8outdrs
12-01-2005, 09:07 PM
I think what I heard today concerning the proposed law change to be more like the recent change in Florida, is that as legally armed citizens we would now have the right to stand our ground (outside our home) against an assailant rather than try to flee and only draw our firearm as a last resort.
As I understand it, currently an attacker with a weapon less lethal than a handgun, may only be opposed with equal force, and the handgun can only be presented once enough physical injury has been sustained to reasonably convince a jury that you were in imminent danger. If the change is made, we won't have to wait until our head is halfway bashed in with a ball bat before we defend ourselves.
As I understand it, currently an attacker with a weapon less lethal than a handgun, may only be opposed with equal force, and the handgun can only be presented once enough physical injury has been sustained to reasonably convince a jury that you were in imminent danger. If the change is made, we won't have to wait until our head is halfway bashed in with a ball bat before we defend ourselves.
bratch
12-01-2005, 09:21 PM
Be VERY VERY happy that we have a no civil liability clause written into our law and fight to keep it that way. I have heard horror stories of a shooter getting cleared by criminal court and going bankrupt in a civil ruling.
Michael Brown
12-01-2005, 09:52 PM
I think what I heard today concerning the proposed law change to be more like the recent change in Florida, is that as legally armed citizens we would now have the right to stand our ground (outside our home) against an assailant rather than try to flee and only draw our firearm as a last resort.
As I understand it, currently an attacker with a weapon less lethal than a handgun, may only be opposed with equal force, and the handgun can only be presented once enough physical injury has been sustained to reasonably convince a jury that you were in imminent danger. If the change is made, we won't have to wait until our head is halfway bashed in with a ball bat before we defend ourselves.
Sorta, but not really.
The standard in all use of force cases is "objective reasonableness" as applied in the case of Graham v. Connor.
It basically says that if a reasonable person would have taken the action you took under the circumstances you were faced with, the action is legal and cannot be viewed in 20/20 hindsight.
The nice thing about the new law is not really the criminal aspect but the civil defense it provides. Oklahoma is not overrun with criminal prosecutions in self-defense cases.
Where the problem can exist is in civil court. Hopefully this law will fix that.
You can feel confident that if your actions are reasonable, you are pretty safe from prosecution in Oklahoma.
Michael Brown
As I understand it, currently an attacker with a weapon less lethal than a handgun, may only be opposed with equal force, and the handgun can only be presented once enough physical injury has been sustained to reasonably convince a jury that you were in imminent danger. If the change is made, we won't have to wait until our head is halfway bashed in with a ball bat before we defend ourselves.
Sorta, but not really.
The standard in all use of force cases is "objective reasonableness" as applied in the case of Graham v. Connor.
It basically says that if a reasonable person would have taken the action you took under the circumstances you were faced with, the action is legal and cannot be viewed in 20/20 hindsight.
The nice thing about the new law is not really the criminal aspect but the civil defense it provides. Oklahoma is not overrun with criminal prosecutions in self-defense cases.
Where the problem can exist is in civil court. Hopefully this law will fix that.
You can feel confident that if your actions are reasonable, you are pretty safe from prosecution in Oklahoma.
Michael Brown
stepper
12-01-2005, 10:14 PM
Another great reason to love our state!
Michael Brown
12-01-2005, 10:51 PM
Another great reason to love our state!
Damn straight!
We're still America.
If anyone is concerned let me say that I have responded to over a dozen self-defense shootings over the years and I've never seen an arrest in a reasonable use of force case.
Michael Brown
Damn straight!
We're still America.
If anyone is concerned let me say that I have responded to over a dozen self-defense shootings over the years and I've never seen an arrest in a reasonable use of force case.
Michael Brown
stepper
12-01-2005, 11:07 PM
We may not have the best schools, professional sports, or tatoo's, but you better not mess with us or you will be shot!
J.P.
12-01-2005, 11:11 PM
We have the best deer stands in the nation though.
Well....at least I do....
:ugh2:
http://www.lilligren.com/Redneck/images/Redneck_Deerstand.jpg
Well....at least I do....
:ugh2:
http://www.lilligren.com/Redneck/images/Redneck_Deerstand.jpg
stepper
12-01-2005, 11:16 PM
You must have a great "pulley" system to get your xmas tree up there!
bratch
12-01-2005, 11:43 PM
If I am understanding this correctly it extends the freedom from civil liability on a clean shoot from your house to anywhere?
Good deal
Good deal
stepper
12-02-2005, 12:09 AM
If I am understanding this correctly it extends the freedom from civil liability on a clean shoot from your house to anywhere?
Good deal
Thats what I understand.
What I didn't understand was the difference between a CCW permit and a "regular" civilian. Is it the same for both?
Good deal
Thats what I understand.
What I didn't understand was the difference between a CCW permit and a "regular" civilian. Is it the same for both?
bratch
12-02-2005, 12:14 AM
Not sure how OK is but I'm pretty sure some states have a poop down hill theory (don't you love the legalese). If you are carrying illegaly but have a legal shoot you won't be charged for carrying. I could see this as sticky civil ground though. I have no idea how OK or any state in particular is.
Michael Brown
12-02-2005, 01:10 AM
Not sure how OK is but I'm pretty sure some states have a poop down hill theory (don't you love the legalese). If you are carrying illegaly but have a legal shoot you won't be charged for carrying. I could see this as sticky civil ground though. I have no idea how OK or any state in particular is.
This concept you are referring to is called "The Doctrine of Competing Harms" in court and is an affirmative defense.
It is very common in self-defense cases and oft-used in Oklahoma.
Michael Brown
This concept you are referring to is called "The Doctrine of Competing Harms" in court and is an affirmative defense.
It is very common in self-defense cases and oft-used in Oklahoma.
Michael Brown
bratch
12-02-2005, 01:32 AM
thanks for setting me straight. I knew it existed but could only think of my hill description;)
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