Warning Shot

[twoguns?]

"Stand your ground" is not an actual law in OK. But, the term refers to being able to stay in your dwelling, occupied vehicle, business, or residence and not fleeing when confronted by people trying to gain access illegally or who are in your home illegally.

"Stand your ground" does not apply outside of your residence, business, occupied vehicle, or dwelling. In other words, just because you are standing on a piece of ground, does not give you any additional rights to engage. By law, you are legal to pull and use your gun if 1) you are in imminent danger of death or great bodily harm, and 2) in self defense, and 3) Reasonable, and 4) Necessary, and 5) Your actions would be deemed REASONABLE under the circumstances and conditions at the time by the DA and/or a jury. Nothing in the law justifies you pulling and using a gun to 'Stand your Ground' outside of your residence, business, dwelling or occupied vehicle.

As for the example, I would think the action that would keep you out of trouble is going inside the RV. Then, if they attempt to access (or break in) or do break in then the law says that you can assume, by their actions, that you and whoever else is in the RV are in imminent danger of death or great bodily harm and can legally defend yourself with the weapon.

Shooting a warning shot - may or may not work out. One bad outcome is if they were armed and you pulling your gun, displaying, brandishing, pointing and shooting your gun MIGHT be all the reason they need to pull their guns and shoot you. In others words, they see the gun coming their way, they can't read your mind and tell you plan on firing a warning shot, all they see is a gun coming their way, result they pull and shoot to defend themselves.

You might want to read that part again..
More than half of the states in the United States have adopted the Castle doctrine, stating that a person has no duty to retreat when their home is attacked. Some states go a step further, removing the duty of retreat from other locations. "Stand Your Ground", "Line In The Sand" or "No Duty To Retreat" laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant. Under such laws, there is no duty to retreat from anywhere the defender may legally be.[1] Other restrictions may still exist; such as when in public, a person must be carrying firearms in a legal manner, whether concealed or openly.

 

[Soonere39]

It's sometimes hard to armchair a situation you are not personally in, but it helps to think about what you would do in a variation of it. Conflict avoidance is the name of the game

 

[okietom]

Stupid.

He should not have a gun. If you fire a gun, it should be in the event of immediate threat of serious bodily harm, or survival. He should have been cited for discharging his firearm recklessly. A CCL is not a license to police anyone, and not to be used to keep from getting your butt whipped in a fight. If he felt that he was in danger and needed to protect himself, do it. Don't use it to keep from fighting.

Stupid

Many people are killed in a fist fight. You are being threatened when some one wants to "fight". When more than person is threatening you it is even more dangerous.

 

[okietom]

Another thing with this scenario is that if you are camping in your RV there have been court ruling that your RV IS your home. It is the same as of you were renting an apartment or a house or if you own a house. For that night the camp area is your home and you have all of the rights that you would have in your yard outside of your home.

 

[gillman7]

Many people are killed in a fist fight. You are being threatened when some one wants to "fight". When more than person is threatening you it is even more dangerous.

Hence my statement of immediate serious bodily harm. That does not mean antagonize someone and then shoot them because you are too big of a pansy to defend yourself. The person in the OP initiated this by trying to correct someone with a flashlight.

 

[Sanford]

"Stand your ground" is not an actual law in OK... "Stand your ground" does not apply outside of your residence, business, occupied vehicle, or dwelling... Nothing in the law justifies you pulling and using a gun to 'Stand your Ground' outside of your residence, business, dwelling or occupied vehicle.

Oklahoma Firearms Act of 1971
Section 1289.25 - Physical or Deadly Force Against Intruder

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.

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 pistol pursuant to the provisions of this section to be licensed in any manner.

 

[twoguns?]

Hence my statement of immediate serious bodily harm. That does not mean antagonize someone and then shoot them because you are too big of a pansy to defend yourself. The person in the OP initiated this by trying to correct someone with a flashlight.

Its "imminent threat of death or Great bodily harm"...your welcome...and NO once the party of the second part left, and then came back ....They were the agressors......OH ,NO warning shots boolits r 2 spensive

 

[twoguns?]

Oklahoma Firearms Act of 1971
Section 1289.25 - Physical or Deadly Force Against Intruder

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.

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 pistol pursuant to the provisions of this section to be licensed in any manner.

Thank You.....

 

[ae5mh]

A fight not fought is a fight won

 

[Hoov]

Holy crap...not another one of these threads.

Yes, another "what had happened was that was my cousin's dope" thread.