Stand your ground law

[50Shooter]

The law specifically prohibits CCW on a public bus last time I checked. It would be different on a private vehicle.

It needs to be stated that you don't use force to protect a vehicle. If your car is parked in your driveway and unoccupied then it is a simple burglary and not a lethal force situation if someone breaks in.

The law hinges on people "breaking in" to where you occupy space in an enclosure to include a vehicle to harm you. If a public bus stops and opens the doors and someone walks on, there is no "breaking in".

Also the law is primarly talking about force against humans not just firearms issues. The last time I rode a metro bus, which was also the first time I ever road a metro bus, a homeless guy and a mental health consumer woman had a shouting match where they called each other every name in the book, and threatened every violent act you could imagine.

Of course they were standing 15 feet apart and neither of them made any effort to close the distance. My teenage daughter was terrified. I was smiling as the first insult the woman offered was the guy's smell.

Rule #1 is leave people alone until you are truly physically threatened.

Does CART stand for Crazypeople All Require Transport?

50Shooter

 

[fredkrueger]

what is castle doctrine?

Castle doctrine was introduced to Oklahoma back in 2006. It made great changes in laws that now protect us as gun owners. Now if someone uses force to enter a home or "dwelling" that is all you need to be able to shoot them. Before you had to have a reason to shoot them other than them breaking in. It allows a person to protect themselves from "great bodily injury" and that provision isn't limited to the home. It has a "criminal immunity" provision. It prohibits arrest of a person that uses force in self-defense, unless there is probable cause that the force that was used was unlawful. It also has a "civil immunity" provision that protects defenders against lawsuits by their assailants or their assailants' families. As of now there are 30 states that currently have NRA backed Castle Doctrine laws. 27 have general or limited "stand your ground" provisions, 13 have criminal immunity and 21 have civil immunity. I am sure glad that I live in Oklahoma. We have all of the Castle Doctrine. Not just bits and pieces. Also, the Castle Doctrine has a "stand your ground" and "no duty to retreat" provision. This provides that, when an act of self-defense is otherwise lawful, and takes place in a location in which the defender is lawfully present, the defender is not required to retreat from a felonious attack, or the threat of an attack. Hope I explained it good enough.

 

[NikatKimber]

This is now law.

 

[Jedabug92]

"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."
So this states that if im at a light and some one decides to car jack me at knife/gun point I am withtin my rights to shoot from inside the vehicle?

 

[hrdware]

"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."
So this states that if im at a light and some one decides to car jack me at knife/gun point I am withtin my rights to shoot from inside the vehicle?

The line you copied is one of the exceptions to being able to claim stand your ground. You can not claim stand your ground if you are engaged in an unlawful activity or you are using the occupied space for an illegal activity.

However, you are correct on the part about being able to use lethal force if you believe someone would or could cause great bodily harm or death to your or others in your car while they were car jacking it.

 

[Jedabug92]

The line you copied is one of the exceptions to being able to claim stand your ground. You can not claim stand your ground if you are engaged in an unlawful activity or you are using the occupied space for an illegal activity.

However, you are correct on the part about being able to use lethal force if you believe someone would or could cause great bodily harm or death to your or others in your car while they were car jacking it.

To clarify you CAN fire from within the vehicle at an assailant outside?
And sorry for quoting the wrong section

 

[hrdware]

To clarify you CAN fire from within the vehicle at an assailant outside?
And sorry for quoting the wrong section

I believe you may fire at anyone who you have reasonable suspicion is going to do you great bodily harm or cause death.

I am not a lawyer, however if I felt the person who was trying to carjack me was also going to do me great bodily harm or death, I would use whatever force necessary to stop the immediate threat, including firing a firearm from within my car if the situation warranted.

 

[Jedabug92]

I believe you may fire at anyone who you have reasonable suspicion is going to do you great bodily harm or cause death.

I am not a lawyer, however if I felt the person who was trying to carjack me was also going to do me great bodily harm or death, I would use whatever force necessary to stop the immediate threat, including firing a firearm from within my car if the situation warranted.

Ok thanks for some clarification and if you or anyone finds more would y'all please ket me know?

 

[SMS]

To clarify you CAN fire from within the vehicle at an assailant outside?
And sorry for quoting the wrong section

The law isn't situation specific...but it fits your described scenario. But take a note from Zimmerman...just because the law backs you up doesn't mean you will have an easy time of it in the aftermath. If I'm at a light...my foot's likely going on the gas.

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.

 

[Jedabug92]

The law isn't situation specific...but it fits your described scenario. But take a note from Zimmerman...just because the law backs you up doesn't mean you will have an easy time of it in the aftermath. If I'm at a light...my foot's likely going on the gas.

true at a light floor it but when cornered in your vehicle and no means to escape or your passengers are threatened use of deadly force I authorized?
Is that what I am reading?