Oklahoma City homeowner shoots intruder in shoulder

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Gunrunner45

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I just hope the intruder doesn't try and sue the owner and win.

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.

B. A person 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, or occupied
vehicle, or if that person had removed or was attempting to remove another against the will of
that person from the dwelling, residence, or occupied vehicle; 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.



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.
 

ImaBBaller

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amen, thats why i love oklahoma, "immune from criminal prosecution and civil action for the use of such force"

I have seen a few states that have passed additional protection for homeowners against lawsuits (and Oklahoma could have too and I've just never seen it), but from reading that section I believe you can still get sued and have to spend money on a lawyer to prove you are immune from the lawsuit.

Some states make it illegal to bring suit in this situation, but most don't. Most state's laws just state that when the suit it brought it can be dismissed on those grounds, but it won't get dismissed without your lawyer filling the paperwork.
 

nofearfactor

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I'm sure glad our house sits 25 miles east of the big city outside of its county line and inside a rural county area. Our DA is a good ol boy vs the big citys county DA. Still. Also glad we have a family lawyer handy just in case. Even though nothing ever happens out here it could.
 

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