If your life is under threat from deadly force, you draw your weapon, aim at the threat and fire. If you do not feel your life is under threat, do not draw your weapon and point it at someone.
If your life is under threat from deadly force, you draw your weapon, aim at the threat and fire. If you do not feel your life is under threat, do not draw your weapon and point it at someone.
Too bad we don't have a name for the restaurant. It might make it possible to search for a story.
I really hope he didn't have a carry permit. :/
KOCO's website is not fun to navigate and I doubt any of the other news channels would carry it.
It may Have been posted right here in the "Attempted Burger..." thread.
And if the threat ceases to press his threat? If he surrenders, or otherwise makes it clear that he's going to be compliant?
I really hope you're never called upon to fire in anger, or that if you are, your posts don't get into the hands of the prosecutor and/or plaintiff's attorney.
He's talking about the "brandishing" issue.
The law as written, explained, and discussed is a little confusing. Seems like this, as yet, hypothetical person used good judgement, though.
The law as written, explained, and discussed is a little confusing. Seems like this, as yet, hypothetical person used good judgement, though.
21 O.S. 1289.25 (J)
J. A person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony shall not be deemed guilty of committing a criminal act.
Also:
21 O.S. 1289.25:
D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
...
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 civil action for the use of such defensive force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant.
...
K. As used in this section:
1. "Defensive force" includes, but shall not be limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony;
...
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 civil action for the use of such defensive force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant.
...
K. As used in this section:
1. "Defensive force" includes, but shall not be limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony;
(J), as well as the combined (D), (F), and (K)(1) make it pretty clear that you can draw to stop the felony without shooting and not break any laws. Section (J) went into effect 1 Nov 2017, and there were some clarifications that went into effect 1 Nov 2018 (about two weeks ago, for those playing at home).
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782
Meanwhile, shooting when the threat has ceased to be a threat is called "murder," as Jerome Ersland can attest. Granted, that one was particularly egregious, but no, you do not have to shoot just because you drew, nor should you if the threat has been mitigated.
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