MWC man shoots a guy in his house

[Bruno2]

I'm just curious... If the homeowner had quietly opened the door, caught the intruder off guard, and shot him in the back before he was even noticed, would there be a legal issue? I don't think you could justify self defense if you're on offense.

Yes there would certainly be a legal issue. In OK you cannot shoot a person thats not posing a threat to you or anybody else. That means if I were in your house with a gun and I saw you coming down the hall with a gun. I could turn and run for the door to escape. Should you shoot me in the back during this process you would be charged with murder or attempted murder. Also the fact that this guy went out of his way by going in the house knowing the perp was in there and armed he was looking for trouble. He could have walked next door out of harms way and called the popo. He did a ton of things wrong by OK law. He is lucky that he encountered some common sense cops that didnt charge him with anything.

Tx ( i hate to say this but) has the best HD and SD laws on the books . No other state gives a US citizen the options that TX does. Texans can shoot people over property . When somebody is trying to leave your house with your tv you can shoot them to stop them. They also have a "mischief after dark " law. Anytime somebody is breaking the law after dark such as vandalizing your property you can shoot them over that. You can shoot somebody thats breaking into your car in TX. We dont have laws that liberal here in OK. You will go to prison for shooting somebody breaking into your car here. You cant shoot somebody leaving your house with your property in tow unless they are posing a deadly threat. A little old woman couldnt do anything to stop an unarmed man from walking into her house and sacking it up. She just needs to hope that the cops get there quick enough.

 

[Isha's Pa Pa]

I'm just curious... If the homeowner had quietly opened the door, caught the intruder off guard, and shot him in the back before he was even noticed, would there be a legal issue? I don't think you could justify self defense if you're on offense.

No issue Oklahoma has the make my day law !!
But there is nothing in my house worth killing over except my Family !

 

[Bruno2]

Best Answer - Chosen by Voters
Make My Day” law gives citizens the right to use deadly force inside their homes.

Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.25 - Physical or Deadly Force Against Intruder
Cite as: O.S. §, __ __


A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.

B. A person 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, or occupied vehicle, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, or occupied vehicle; 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, or occupied vehicle 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, or occupied vehicle of another person 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, Sections 1290.1 through 1290.26 of this title, 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.

http://www.oscn.net/applications/oscn/de…
Source(s):

Read A & B pa pa right at the top . The homeowner was aware that somebody was in his house. The law gives us the right to meet force with force. Creeping up behind someone from outside the dwelling is not meeting force. If the guy came running at him with knife in hand that would be meeting force with force.

Either way whenevr something like this happens and a perp is killed it has to go before a grand jury to be billed or no billed. Should you get billed then you may very well be found guilty in the trial.

 

[Isha's Pa Pa]

Best Answer - Chosen by Voters
Make My Day” law gives citizens the right to use deadly force inside their homes.

Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.25 - Physical or Deadly Force Against Intruder
Cite as: O.S. §, __ __


A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.

B. A person 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, or occupied vehicle, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, or occupied vehicle; 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, or occupied vehicle 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, or occupied vehicle of another person 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, Sections 1290.1 through 1290.26 of this title, 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.

http://www.oscn.net/applications/oscn/de…
Source(s):

Read A & B pa pa right at the top . The homeowner was aware that somebody was in his house. The law gives us the right to meet force with force. Creeping up behind someone from outside the dwelling is not meeting force. If the guy came running at him with knife in hand that would be meeting force with force.

Either way whenevr something like this happens and a perp is killed it has to go before a grand jury to be billed or no billed. Should you get billed then you may very well be found guilty in the trial.

I've already stated there is nothing in my house worth killing anyone over but My Family ! I would not have done what he done , but I don't think a jury in the world would convict a man for killing someone in there house !
Just my 2 cents !

 

[pinkhamr]

Screw it. Oklahoma hast the "Dirty Harry" law for a reason. If someone is in your house you have no idea if a famly member may be in there too ... Fire and Forget!

 

[Roadking Larry]

I was just wondering the same thing. There is nothing in my house worth killing somebody over. Now, if I am in my house and you come in, well, then, that is a horse of a different color.

Let me turn that around to the criminal.

There is nothing in my house worth dying for.

 

[doctorjj]

Yes there would certainly be a legal issue. In OK you cannot shoot a person thats not posing a threat to you or anybody else. That means if I were in your house with a gun and I saw you coming down the hall with a gun. I could turn and run for the door to escape. Should you shoot me in the back during this process you would be charged with murder or attempted murder. Also the fact that this guy went out of his way by going in the house knowing the perp was in there and armed he was looking for trouble. He could have walked next door out of harms way and called the popo. He did a ton of things wrong by OK law. He is lucky that he encountered some common sense cops that didnt charge him with anything.

Tx ( i hate to say this but) has the best HD and SD laws on the books . No other state gives a US citizen the options that TX does. Texans can shoot people over property . When somebody is trying to leave your house with your tv you can shoot them to stop them. They also have a "mischief after dark " law. Anytime somebody is breaking the law after dark such as vandalizing your property you can shoot them over that. You can shoot somebody thats breaking into your car in TX. We dont have laws that liberal here in OK. You will go to prison for shooting somebody breaking into your car here. You cant shoot somebody leaving your house with your property in tow unless they are posing a deadly threat. A little old woman couldnt do anything to stop an unarmed man from walking into her house and sacking it up. She just needs to hope that the cops get there quick enough.

Don't listen to this advice. It is incorrect.

 

[mbear53]

But there is nothing in my house worth killing over except my Family !

Amen to that.

 

[LightningCrash]

Read A & B pa pa right at the top . The homeowner was aware that somebody was in his house. The law gives us the right to meet force with force. Creeping up behind someone from outside the dwelling is not meeting force. If the guy came running at him with knife in hand that would be meeting force with force.

Either way whenevr something like this happens and a perp is killed it has to go before a grand jury to be billed or no billed. Should you get billed then you may very well be found guilty in the trial.

You do not have to be attacked to use deadly force against an intruder in your home. The law does not read that way.... read the law.

from the law:
A person 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:
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.

 

[Perrone]

You do not have to be attacked to use deadly force against an intruder in your home. The law does not read that way.... read the law.

from the law:
A person 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:
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.

So going by that, if he's digging around in the closet I can just shoot him and technically be fine right? I still wouldn't risk it. I'd at least make him turn around first