"Concealed Carry Customer Kills Robber"

[Glocktogo]

So if your in the local gas station in Oklahoma and a person comes in to rob the place but never makes a threat towards you and only to the clerk are you allowed to do anything like pulling your weapon? I had this discussion on another site and there were some members that think you can. I was told during the concealed class that you can only protect yourself or a family member from an active threat. It was explained to me that this type of situation is for LEO's and not permit holders.

If you are in reasonable fear of death or great bodily harm, you can draw. You can't draw to save the clerk (by law), whom you don't know. Make of that what you will. Just remember, it's the marginal shoots that draw extra scrutiny.

 

[mightymouse]

The Sheriff of that county seems like a stand-up guy to me.

 

[Sam Shoun]

So if your in the local gas station in Oklahoma and a person comes in to rob the place but never makes a threat towards you and only to the clerk are you allowed to do anything like pulling your weapon? I had this discussion on another site and there were some members that think you can. I was told during the concealed class that you can only protect yourself or a family member from an active threat. It was explained to me that this type of situation is for LEO's and not permit holders.

If you are in reasonable fear of death or great bodily harm, you can draw. You can't draw to save the clerk (by law), whom you don't know. Make of that what you will. Just remember, it's the marginal shoots that draw extra scrutiny.

Would it not be permitted under this section of the law?

21; 1289.25; 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 always thought that was awkwardly stated, because it says a person "who is attacked...". But reading it that way would also preclude an individual's right to defend his family if he weren't directly attacked himself.

Anyway, regardless of the legality, I would urge anyone considering appropriate tactics for such a scenario to consider this experience:
http://www.policeone.com/columnists/lom/articles/134804-Blood-lessons/

It seems like the CCW'er in the original post played it well.