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<blockquote data-quote="Emoney" data-source="post: 3053395" data-attributes="member: 42949"><p>My understand of the SDA is you are right. </p><p></p><p>TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER</p><p>A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes or places of business.</p><p></p><p>B. A person or a owner, manager or employee of a business is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:</p><p></p><p> 1. The person against whom the defensive force was used was in the <strong><u>process of unlawfully and forcefully entering</u></strong>, or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle, or a place of business, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, occupied vehicle, or place of business; and</p><p> 2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.</p><p></p><p>Just keep in mind subsection C below:</p><p></p><p>C. The presumption set forth in subsection B of this section does not apply if:</p><p></p><p> 1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person;</p><p> 2. The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or</p><p> 3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, occupied vehicle, or place of business to further an unlawful activity</p></blockquote><p></p>
[QUOTE="Emoney, post: 3053395, member: 42949"] My understand of the SDA is you are right. TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes or places of business. B. A person or a owner, manager or employee of a business is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: 1. The person against whom the defensive force was used was in the [B][U]process of unlawfully and forcefully entering[/U][/B], or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle, or a place of business, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, occupied vehicle, or place of business; and 2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. Just keep in mind subsection C below: C. The presumption set forth in subsection B of this section does not apply if: 1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person; 2. The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or 3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, occupied vehicle, or place of business to further an unlawful activity [/QUOTE]
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