lol, she wont say a word
So, for the benefit of all, the "Castle Doctrine" and "Stand Your Ground" laws can both be found in 21 O.S. 1289.25:
The "Stand Your Ground" provision is subsection (D). Note that it specifically includes defense of a third party.
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 an 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 process of unlawfully and forcefully entering, 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.
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.
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.
E. A person who unlawfully and by force enters or attempts to enter the dwelling, residence, occupied vehicle of another person, or a place of business is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
F. A person who uses defensive force, as permitted pursuant to the provisions of subsections B and D 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.
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 civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.
I. The provisions of this section and the provisions of the Oklahoma Self-Defense Act shall not be construed to require any person using a weapon pursuant to the provisions of this section to be licensed in any manner.
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.
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;
2. "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people;
3. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and
4. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
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 an 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 process of unlawfully and forcefully entering, 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.
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.
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.
E. A person who unlawfully and by force enters or attempts to enter the dwelling, residence, occupied vehicle of another person, or a place of business is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
F. A person who uses defensive force, as permitted pursuant to the provisions of subsections B and D 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.
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 civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.
I. The provisions of this section and the provisions of the Oklahoma Self-Defense Act shall not be construed to require any person using a weapon pursuant to the provisions of this section to be licensed in any manner.
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.
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;
2. "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people;
3. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and
4. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
The "Stand Your Ground" provision is subsection (D). Note that it specifically includes defense of a third party.
Read that the perp had been arrested for dv on his mother as a teenager, don't know if charges were dropped or even filed. But being a minor the records are kept from the public, so "he can have a chance to turn his life around as an adult". CLEET had to know, but if no conviction was on record guess he was gtg as an armed guard in their eyes.
Several years ago, I had the opportunity to do force-on-force training with OKCPD SWAT; when OCU Law moved to the old Central High School, they did active-shooter training there, and I got to play. In the second round, I was given a functional AR with a blank adapter and a full magazine of blanks. So...I've been in a shootout with the SWAT team :-)
I set up an ambush, and they walked right into me. I was very well aware of everything around me right up until they showed up, but then my situational awareness narrowed. I managed to put "rounds" on target with deliberation, but it completely failed to occur to me to move from where I was standing. I would have taken one or two of them with me, but I was dead, dead, dead.
It was most educational, and I highly recommend force-on-force training to anybody who has the opportunity.
Snipped from Channel 5’s news app on my phone:
“Gov. Mary Fallin also issued a statement in response, saying that, “I am thankful that under the concealed-carry and open-carry laws that I have signed as governor, two armed citizens had the ability to protect and save the lives of our fellow Oklahomans. This is not the time to debate the NRA’s efforts to repeal Oklahoma’s regulations assuring safety and training for those who carry guns. This is a time to offer up prayers to the victims of this tragedy.””
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That was an appropriate statement. The question can, and should be addressed later, when we don't have the various political voices trying to feather their nest.
I'm quoting all three of these together for a reason. I'm not here to pick on anybody, but taken in mutual context, they illustrate a very important point: the law is in a constant state of flux. We've been very successful as a community in pushing for change in the law and getting our freedoms expanded; that's a good thing. With that success, though, comes a need to keep aware of the changes.
Y'all know I'm a lawyer by trade, and I'm obviously interested in firearms law, and even I have been caught flat-footed a couple of times right here in this forum. I've always admitted to it and thanked the people who educated me, but the point is that nobody is immune to being misinformed about something that changes regularly and can be fairly technical at times. That's a big part of why I go to the lengths I do to post details and references: we can all use a refresher from time-to-time, and doing the research is my refresher, as well as providing the information to others so we all have good information. Still, I'd second @Pokinfun's suggestion that you take "another class," not because your first one was bad, but because we can all use some recurrent training.
I heard the same interview. A witness reported the good guys repeatedly told the bad guy to drop the gun. When he started to raise the gun, the shooting commenced.
I agree. I'm already in talk with a guy to sit in on the legal part of the class.
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