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<blockquote data-quote="Michael Brown" data-source="post: 59624" data-attributes="member: 18"><p>Caveat: I am neither a judge nor a lawyer nor a legislator. Nor will I ever be on any jury that will try anybody criminally.</p><p></p><p>My belief is that this provision will be window dressing. </p><p></p><p>It is already the opinion of the Attorney General as well as the Tulsa County ADA's that I have spoken to about it, that it is already trumped by the U.S. Supreme Court's ruling in Terry vs. Ohio.</p><p></p><p>I wouldn't count on it to be my savior in a self-defense shooting.</p><p></p><p>My rationale is this: Currently if the police believe you acted in self-defense, you will likely be detained only long enough to confirm this.</p><p></p><p>If they do not believe you acted in self-defense but have instead committed a crime, you will be detained and/or arrested.</p><p></p><p>The law doesn't change a thing if the police believe you committed a crime, regardless of whether or not you believe you acted in self-defense.</p><p></p><p>So really, criminally, what has this law done?</p><p></p><p>I think the situation is already plenty good in favor of the armed citizen, criminally, in Oklahoma.</p><p></p><p>Where the statute is useful is in civil court. I think that was an absolutely outstanding addition to Oklahoma law.<img src="/images/smilies/thumb.gif" class="smilie" loading="lazy" alt=":thumb:" title="Thumb :thumb:" data-shortname=":thumb:" /></p><p></p><p>Currently, even if the police and D.A. believe you are 100% on the side of the angels, you can still be dragged into civil court. This law will end that at the motion for summary judgement and will substantially cut down any legal bills that you incur in defending your life.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 59624, member: 18"] Caveat: I am neither a judge nor a lawyer nor a legislator. Nor will I ever be on any jury that will try anybody criminally. My belief is that this provision will be window dressing. It is already the opinion of the Attorney General as well as the Tulsa County ADA's that I have spoken to about it, that it is already trumped by the U.S. Supreme Court's ruling in Terry vs. Ohio. I wouldn't count on it to be my savior in a self-defense shooting. My rationale is this: Currently if the police believe you acted in self-defense, you will likely be detained only long enough to confirm this. If they do not believe you acted in self-defense but have instead committed a crime, you will be detained and/or arrested. The law doesn't change a thing if the police believe you committed a crime, regardless of whether or not you believe you acted in self-defense. So really, criminally, what has this law done? I think the situation is already plenty good in favor of the armed citizen, criminally, in Oklahoma. Where the statute is useful is in civil court. I think that was an absolutely outstanding addition to Oklahoma law.:thumb: Currently, even if the police and D.A. believe you are 100% on the side of the angels, you can still be dragged into civil court. This law will end that at the motion for summary judgement and will substantially cut down any legal bills that you incur in defending your life. Michael Brown [/QUOTE]
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