Where is that codified?
http://www.okcca.net/online/oujis/oujisrvr.jsp?oc=OUJI-CR 8-2
Read the Notes of Use and Committee Comments.
Where is that codified?
http://www.okcca.net/online/oujis/oujisrvr.jsp?oc=OUJI-CR 8-2
Read the Notes of Use and Committee Comments.
OK here's my last post of the night. Show me case law that proves your point. You argue that SDA won't protect a CC from defending another person unless the CC is being attacked. Show me any Oklahoma case where the CC wasn't breaking the law (unlike Dawkins v State), was in a place he had a right to be, then defended someone (when he wasn't under personal attack) and was found guilty of murder/manslaughter. Bet you don't find one.....ever. If you find one....I'll happily agree that your interpretation of the SDA is correct. If you can't find one....you prove my case. Otherwise, I'm done beating this dead horse with ya.
back to Dawkins v State
Dawkins and Bradley were hanging out.
Sanford pulls up, goes inside uninvited and starts beating Bradley.
Dawkins walks in with a shotgun. Sanford looks up, and Dawkins shoots him in the chest.
Jurors concluded that Dawkins committed manslaughter and that the Stand Your Ground Act didn't protect Dawkins.
OK here's my last post of the night. Show me case law that proves your point. You argue that SDA won't protect a CC from defending another person unless the CC is being attacked. Show me any Oklahoma case where the CC wasn't breaking the law (unlike Dawkins v State), was in a place he had a right to be, then defended someone (when he wasn't under personal attack) and was found guilty of murder/manslaughter. Bet you don't find one.....ever. If you find one....I'll happily agree that your interpretation of the SDA is correct. If you can't find one....you prove my case. Otherwise, I'm done beating this dead horse with ya.
This guy was a felon with an illegal sawed offo shotgun also making it double illegal being in his posession. Got another example?
If I am a customer and I can exit the place without shooting I will. If he draws a bead on me, shots will be fired. As I mentioned to my wife when she asked me what I'd do the other day, I told her the only people I will protect is her, myself and any family member I know without a shadow of doubt is lawabiding (which pretty much means only my mom). Everyone else is responsible for their own safety.
Is there case law that proves your point? I've shown you Dawkins. CCW isn't even a point of discussion here, how do you feel that it relates to the discussion at hand? The SDA isn't even what's being discussed here. We've been discussing the Oklahoma Firearms Act of 1971 (Title 21 § 1289). How do you think your comment relates to Sec 1289?
and Fritz Pierce was just a country bumpkin with a pistol shoved down his pants, but it has set precedent for almost one hundred years. Heller v DC was just about a guy wanting a pistol.
Even a felon can commit justifiable homicide... yet in this case the jurors didn't feel Dawkins was justified, even though he claimed was defending another who he claimed was in imminent peril. Why do you suppose that is? How do those circumstances differ from shooting a convenience store robber in the back?
ETA:
You might think I'm going on a bit, but I really want to explore the whole issue. I don't want to hear later that someone shot somebody in the back solely because Herp McDerp on OSA said you wouldn't go to jail for it. To be sure, I'd rather not have someone in a position where they need to shoot someone at all, but it would be nice if they do end up in such a position, they have previously considered the legal ramifications.
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