Oklahoma castle doctrine law
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Oklahoma castle doctrine law


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Old 09-10-2011, 05:20 PM   #1
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Default Oklahoma castle doctrine law

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 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.

J. As used in this section:

1. "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;

2. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and

3. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
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Old 09-10-2011, 05:39 PM   #2
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Good deal!!!!!!!!!
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Old 09-10-2011, 05:41 PM   #3
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Good deal!!!!!!!!!
Thts wat i said
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Old 09-12-2011, 08:29 PM   #4
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We need something like that in Wisconsin.
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Old 12-30-2011, 04:36 PM   #5
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Quote:
Originally Posted by MrWray View Post
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

...

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.

...

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.
I live in Oklahoma. If I understand this correctly, a person can carry a gun in the car without any kind of license and can use it in self defense without criminal or civil liability. CCW only enables the gunowner to carry a concealed weapon outside the house or vehicle. Is that correct?
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Old 12-30-2011, 05:39 PM   #6
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Hopefully we will have all states on board of self defense.
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Old 12-30-2011, 06:41 PM   #7
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That reads very much like Florida's laws.

It is a notice to criminals; Don't mess with a man in his house or car unless you want to get dead.
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Old 12-30-2011, 07:13 PM   #8
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Quote:
Originally Posted by Balota

I live in Oklahoma. If I understand this correctly, a person can carry a gun in the car without any kind of license and can use it in self defense without criminal or civil liability. CCW only enables the gunowner to carry a concealed weapon outside the house or vehicle. Is that correct?
You still need to have a CCP to carry loaded inside a vehicle,here is "vehicle firearm law" straight from the law book

1289.7. Firearms in vehicles
Any person,except a convicted felon,may transport in a motor vehicle a rifle,shotgun,or pistol,open and unloaded,at any time. For purposes of this section "open" means the firearm is transported in plain view,in a case designed for carrying firearms,which case is wholly or partially visible,in a gun rack mounted in the vehicle,in an exterior locked compartment or a trunk of a vehicle.
Any person,except a convicted felon,may transport in a motor vehicle a rifle,shotgun concealed behind a seat of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip,magazine,or chamber loaded. The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to section 1289.13 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the oklahoma self-defense act,sections 1290.1 through 1290.25 of title 21 of the oklahoma statutes,to carry a concealed handgun and is carrying a concealed handgun or has concealed the handgun in such vehicle,shall not be deemed in violation of the provisions of this section provided the license is in or near the vehicle.
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Old 12-30-2011, 07:32 PM   #9
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That would be a really grey area,here is "vehicle firearm law" straight from the law book

1289.7. Firearms in vehicles
Any person,except a convicted felon,may transport in a motor vehicle a rifle,shotgun,or pistol,open and unloaded,at any time. For purposes of this section "open" means the firearm is transported in plain view,in a case designed for carrying firearms,which case is wholly or partially visible,in a gun rack mounted in the vehicle,in an exterior locked compartment or a trunk of a vehicle.
Any person,except a convicted felon,may transport in a motor vehicle a rifle,shotgun concealed behind a seat of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip,magazine,or chamber loaded. The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to section 1289.13 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the oklahoma self-defense act,sections 1290.1 through 1290.25 of title 21 of the oklahoma statutes,to carry a concealed handgun and is carrying a concealed handgun or has concealed the handgun in such vehicle,shall not be deemed in violation of the provisions of this section provided the license is in or near the vehicle.
That is where Florida is way ahead of the game.

I am not a lawyer and I don't play one on TV, Do not take my word for the following, but;

In Florida, if you are not forbidden to own a firearm, for all of the normal reasons, you may carry a loaded firearm in your car as long as it is in a closed container. That can be interpreted as in a glove box or for that matter in a shoe-box as long as it has a lid on it. That would not include the open "map case" in the door or under the seat.

With a CCW, it is legal to have it "concealed" on your person, but if you take it off, you have to cover it. As I understand the law, a CCW could have it on the seat beside him, covered with a handkerchief as long as it is within reach and under the CCW's control. If it is out of reach, it has to be in a closed container.

We had way too many crooks robbing and killing our tourists. Since our economic health depends on "Yankee" tourists, we had to put the brakes on the crooks. We don't like the tourists, but we like their money. We tend to believe that an empty firearm is not much protection, and our crooks usually won't give us a "time-out" to load up. It has worked out well for us. Our crime rate has dropped like a rock.
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Old 12-31-2011, 04:35 AM   #10
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Thanks MrWray. So, until I get my CCW permit, I need to make sure the gun is unloaded and stored in a legitimate case, range bag, etc. Once I get the permit, I can carry it loaded and concealed. Works for me!
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