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The Water Cooler
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Church shooting in Ft Worth
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<blockquote data-quote="dennishoddy" data-source="post: 3309871" data-attributes="member: 5412"><p>I used to think this Tx firm was probably pretty good at what they do, but with the 2A Auditor getting arrested for illegal carry in a local OKC eatery/bar, an Ok lawyer that represents the firm was quoted in a video on this forum saying the 2A Auditor was within his rights, when clearly OK law says he wasn't. All the case law and regulations were posted on OSA by members to prove him totally incorrect. </p><p>Current Ok law about civil liabilities are as follows:</p><p></p><p>TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER</p><p></p><p>F. A person who uses defensive force, as permitted pursuant to the provisions of subsections A, B, D and E of this section, is justified in using such defensive force and is immune from criminal prosecution and <strong>civil action</strong> for the use of such defensive force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant.</p><p></p><p>G. A law enforcement agency may use standard procedures for investigating the use of defensive force, but the law enforcement agency may not arrest the person for using defensive force unless it determines that there is probable cause that the defensive force that was used was unlawful.</p><p></p><p> H. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any<strong> civil action </strong>brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.</p><p></p><p>So, what we are all saying is that if you follow the law, some civil action may be attempted, but any lawyer that is practicing and wants a win in their colum won't even think about taking a justifiable shooting frivolous lawsuit.</p><p>The defendant can recover every dime of money spent trying to file such a pile of BS.</p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3309871, member: 5412"] I used to think this Tx firm was probably pretty good at what they do, but with the 2A Auditor getting arrested for illegal carry in a local OKC eatery/bar, an Ok lawyer that represents the firm was quoted in a video on this forum saying the 2A Auditor was within his rights, when clearly OK law says he wasn't. All the case law and regulations were posted on OSA by members to prove him totally incorrect. Current Ok law about civil liabilities are as follows: TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER F. A person who uses defensive force, as permitted pursuant to the provisions of subsections A, B, D and E of this section, is justified in using such defensive force and is immune from criminal prosecution and [B]civil action[/B] for the use of such defensive force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant. G. A law enforcement agency may use standard procedures for investigating the use of defensive force, but the law enforcement agency may not arrest the person for using defensive force unless it determines that there is probable cause that the defensive force that was used was unlawful. H. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any[B] civil action [/B]brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section. So, what we are all saying is that if you follow the law, some civil action may be attempted, but any lawyer that is practicing and wants a win in their colum won't even think about taking a justifiable shooting frivolous lawsuit. The defendant can recover every dime of money spent trying to file such a pile of BS. [/QUOTE]
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