I have always been told the only time you can draw your weapon is when you feel your life or your family's life is threatened or someone is commuting a felony while armed, but while watching the news trying to keep from being distracted from our weather lady there is a guy pulling a gun because his truck was being stolen. I have been trying to look up laws as far as when it is legal to use your weapon or not
Um... SDA=Self Defense Act. I know no more, or no less.
I can't find it. Search on my phone sucks using tapatalk, but didn't we have a big thread about pulling and not shooting recently?
TITLE 21 § 1279 MISDEMEANOR POINTING A FIREARM
Except for an act of self-defense, it shall be unlawful for any person to point any pistol or any other deadly weapon whether loaded or not, at any other person or persons. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable as provided in Section 1280 of this title.
Any person convicted of violating the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act may be subject to an administrative violation as provided in Section 1280 of this title.
TITLE 21 § 1280 PENALTY FOR 1279
Any person violating the provisions of Section 1279 of this title, upon conviction, shall be guilty of a misdemeanor. The person offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One 26
Thousand Dollars ($1,000.00) and shall be imprisoned in the county jail for a period not less than three (3) nor more than twelve (12) months. Any person convicted of violating the provisions of Section 1279 of this title after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, shall have the handgun license permanently revoked and shall be liable for an administrative fine of Fifty Dollars ($50.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
TITLE 21 § 1289.16 FELONY POINTING FIREARMS
It shall be unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor or prank, or in anger or otherwise, but not to include the pointing of shotguns, rifles or pistols by law enforcement authorities in the performance of their duties, members of the state military forces in the performance of their duties, members of the federal military reserve and active military components in the performance of their duties, or any federal government law enforcement officer in the performance of any duty, or in the performance of a play on stage, rodeo, television or on film, or in the defense of any person, one’s home or property. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.17 of this title.
Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
TITLE 21 § 1289.17 PENALTIES FOR 1289.16
Any violation of Section 1289.16 of this title shall constitute a felony, for which a person convicted thereof shall be sentenced to imprisonment in the State Penitentiary for not less than one (1) year nor more than ten (10) years.
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Agree. But, ( saw this on maybe on another one of the forums I visit) if the perp in in the commision of a crime gets a gun pointed at them they don't have to shoot. New change in wording in Ok.
There was a technicality in the law previously that said if you drew and didn't shoot, you were guilty of brandshing or something like that.
It's been cleared up with some new language I understand.
Effective 1 Nov 2017 the new bill will take effect, not now.
Oklahoma does not nor did ever use the word brandishing in the laws. What I quote above is current OK law, and has been that way for years. Nor did the law ever way you must shoot.
The current law is exactly as quoted, no more, no less, and the rest of the oft-repeated internet verbiage is made up and repeated without basis.
Found it.
A newly proposed Oklahoma state law, formally known as Senate Bill 40, could make it legal for people to brandish guns in an act of self-defense.
As they currently stand, state laws forbid the deliberate exposure of firearms except in instances of deadly force, according to Tulsa World.
"When you go and get your [concealed carry] license, that instructor tells you that you don't bring your gun out, you don't show your gun, you don't intimidate somebody with your gun," said Slaughterville Rep. Bobby Cleveland. "If you bring it out, you have to shoot."
The language in the document spells out citizens' rights where firearm use is concerned: "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."
SB 40 goes on to specify a person's rights to brandish, but not discharge, a firearm: "A person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony shall not be deemed guilty of committing a criminal act."
The bill specifies "defensive force" as the chief measure for which the brandishing of a firearm would be legal under SB 40. This includes instances of self-defense, or circumstances where showing a gun could stop a criminal act.
Provisions in SB 40 clarify that the legal exemption does not apply to those who brandish a firearm while involved in an illegal activity, including using another person's residence for illegal activity.
On April 25, SB 40 successfully made it through the Oklahoma House of Representatives by a comfortable margin, much to the disappointment of some lawmakers.
"This bill and all of the other bills that are dealing with guns this session, it's becoming clear that some people are more concerned about gun rights and the gun owners' rights than they are about the people who are experiencing violence at the hands of those gun owners," said Norman Rep. Emily Virgin, according to News OK.
"It just seems like we're going in the wrong direction on this issue. We really don't need to be making it any easier for people to have guns and getting those in the hands of the wrong people."
SB 40 is awaiting a procedural vote in the state Senate, as well as a review from Oklahoma Gov. Mary Fallin.
http://www.americanow.com/story/cri...-would-allow-pointing-gun-deter-violent-crime
This law says if I have a person violating the law, and I'm concerned for my safety, I can pull my gun and stop them without firing if I understand it right.
If they laugh and walk away, they get a pass, but the gun owner does not get charged as they could have with the old law. I think the example was that if a crook mugged you, and you stopped them on the street with a gun you brandished, they could turn around and walk away, call the cops and have you arrested for brandshing, or presenting a gun at them.
It's merely a change in language to clear it up. No big deal.
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SB 40 makes changes to the sections I posted, but NOT until 1 Nov 2017.
The marked-up text is here: http://webserver1.lsb.state.ok.us/cf_pdf/2017-18 ENR/SB/SB40 ENR.PDF
SUBJECT: Handling of firearms
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.16, as amended by Section 20, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2016, Section 1289.16), is amended to read as follows:
Section 1289.16
FELONY POINTING FIREARMS
(continued on link)
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18 ENR/SB/SB40 ENR.PDF
SECTION 2. AMENDATORY 21 O.S. 2011, Section 1289.25, is amended to read as follows:
Section 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 or places of business.
(continued on link)
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18 ENR/SB/SB40 ENR.PDF
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 weapon pursuant to the provisions of this section to be licensed in any manner.
J. A person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony shall not be deemed guilty of committing a criminal act.
K. As used in this section:
1. "Defensive force" includes, but shall not be limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony; ENR. S. B. NO. 40 Page 5
2. "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. 3. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and
3. 4. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
SECTION 3. This act shall become effective November 1, 2017.
The marked-up text is here: http://webserver1.lsb.state.ok.us/cf_pdf/2017-18 ENR/SB/SB40 ENR.PDF
SUBJECT: Handling of firearms
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.16, as amended by Section 20, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2016, Section 1289.16), is amended to read as follows:
Section 1289.16
FELONY POINTING FIREARMS
(continued on link)
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18 ENR/SB/SB40 ENR.PDF
SECTION 2. AMENDATORY 21 O.S. 2011, Section 1289.25, is amended to read as follows:
Section 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 or places of business.
(continued on link)
http://webserver1.lsb.state.ok.us/cf_pdf/2017-18 ENR/SB/SB40 ENR.PDF
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 weapon pursuant to the provisions of this section to be licensed in any manner.
J. A person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony shall not be deemed guilty of committing a criminal act.
K. As used in this section:
1. "Defensive force" includes, but shall not be limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony; ENR. S. B. NO. 40 Page 5
2. "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. 3. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and
3. 4. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
SECTION 3. This act shall become effective November 1, 2017.
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