Let me ask you a self-defense Oklahoma question.

[Werewolf]

You can't use deadly force under the SDA to "rescue" someone you don't know. You can however use deadly force if you have reasonable fear of death or great bodily harm, say, if they tried to attack you as you aided the elderly couple. It's a fine line and not one you want to approach lightly.

Oklahoma does recognize the stepping into another's shoes doctrine whether they be your family or not.

That said you better know exactly whose shoes you are stepping into before you act.

Walk up on a lady with a guy pointing a gun at her and you shoot the guy:

1) If he was the bad guy you be OK
2) If he was the good guy and he had disarmed the bad girl you gonna get a new wife named bubba and enjoy her company in the OK State lockup for a few years.

The story of the gas station owner shooting federal DEA agents noted in another post is a good case in point and it was used in the CCW class I took 10 years ago.

Stepping into another's shoes is legit but you had better know for sure whose shoes you are stepping into before you do it. IMO not doing it is probably the most practical response. In reality the values of many here would not permit them not to step into another's shoes in many if not most situations.

 

[CHenry]

Carry law in OK exempts the state fairgrounds. You can carry there.

You can also carry on state property parking lots IIRC.

 

[SMS]

Oklahoma does recognize the stepping into another's shoes doctrine.

That said you better know exactly whose shoes you are stepping into before you act.

This is my understanding as well...and what I base my personal policy on. Many other factors involved...like if I'm with my kids. My first responsibility is to them and I will not inject myself into another's beat down and compromise the safety of my kids by making them a target etc....

 

[vicious]

.... In reality the values of many here would not permit them not to step into another's shoes in many if not most situations.

This...Nothing says that you have to use lethal force, but I'll be damned if I would stand by while someone's life is at stake. Then again, you never know until you're in that situation, do you?

 

[Koshinn]

TITLE 21 § 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 force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such 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 force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.



If one person attacks you and you believe this person could cause you great bodily harm (and this is outside your house or car), you can draw and fire your weapon. If more than one person attacks you, it would be really hard for the prosecution to prove that you weren't in danger of great bodily harm. If a mob attacks you, pray you carried extra mags.

If you're at home, you are legally assumed to have fear of great bodily harm, so as soon as someone unlawfully enters your house, even if it's a starving 12 yr old girl just looking for bread, you can respond with your weapon. I probably wouldn't, but you'd be legally ok.

 

[elcaBob]

B. For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
.
.
.
4 Any property designated by a city, town, county, or state, governmental authority as a park, recreational area, or fairgrounds; provided nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed handgun into any structure, building, or office space which is specifically prohibited by the provisions of subsection A of this section.

I have a printed copy of this with me when I go to the fair every year.

 

[beast1989]

ok I have been told the fairgrounds is off limits by two people, but you actually can carry there?

and i just asked a cop about carrying in a vehicle w/o a ccw and he said it had to be in your trunk but the way I read the sda I didnt get that same interpretation. ahh never mind im just going to start this discussion right back up again....

 

[Koshinn]

ok I have been told the fairgrounds is off limits by two people, but you actually can carry there?

and i just asked a cop about carrying in a vehicle w/o a ccw and he said it had to be in your trunk but the way I read the sda I didnt get that same interpretation. ahh never mind im just going to start this discussion right back up again....

There is a specific exception for the general rule of "no cc on state property" for a few areas like parks and fairgrounds. Yes you can cc on fairgrounds. And the cop is wrong, sort of. You cannot have a loaded weapon in the cabin without a ccl. You CAN have an unloaded pistol, slide locked back, sitting in plain view on the passenger seat with a topped off magazine next to it, but not in the mag well.

 

[skyydiver]

ok I have been told the fairgrounds is off limits by two people, but you actually can carry there?

and i just asked a cop about carrying in a vehicle w/o a ccw and he said it had to be in your trunk but the way I read the sda I didnt get that same interpretation. ahh never mind im just going to start this discussion right back up again....

Ask a lawyer like an Attorney General about matters of law. Officers can't know them all, and some will just tell you like they'd like it to read. JMHO.

 

[Werewolf]

TITLE 21 § 1289.25

If you're at home, you are legally assumed to have fear of great bodily harm...

Well - at least you got that part of the SDA right.

... so as soon as someone unlawfully enters your house, even if it's a starving 12 yr old girl just looking for bread, you can respond with your weapon. I probably wouldn't, but you'd be legally ok.

Guess again and read the entire paragraph that applies to what you've stated above. You will find the word reasonable in there. You will also find that your action only provides you an affirmative defense.

An affirmative defense is not a get out of free jail card. It'll mean more to you if you research that legal doctrine yourself (no reason you should take my word as gospel) so I am not going to define it here.

Just be assured that unless that 12 year old starving girl was packing a gun that she was actually capable of using that there is an extremely high probability that you would be getting an all expense paid vacation at the Oklahoma State Hotel for the evil and bad. Bubba meet Koshinn. Koshinn meet Bubba.