Under what authority can police confiscate a defensive firearm?

[Norman]

Well duh !!!!!

No, they are not presumed innocent until proven guilty. They have committed homicide (whether you want to "guilty or not, they commited homicide), and a
complete and thorough investigation must be made to see if the homicide was justifiable, or murder.

 

[BadgeBunny]

Thankfully in OK we dont have to worry about a civil lawsuit if it is a self defense shoot and is declared justifiable.

Unfortunately this is not true. Even if a shooting is deemed justified and the authorites do not prosecute, I have heard of familes of the dead bad guy filing wrongful death suits. You might get lucky and the judge might throw it out as frivilous. Or they might have enough evidence to convince a judge that there is some merit to their case and there you are -- having to spend your time and money to defend yourself. I agree, it sucks, but that is the way the system works.

(This is true of all kinds of things ... not just shootings. You can be innocent as the driven snow but anybody can file a lawsuit alleging stuff and you will have to defend yourself or risk a default judgment.)

 

[nofearfactor]

Unfortunately this is not true. Even if a shooting is deemed justified and the authorites do not prosecute, I have heard of familes of the dead bad guy filing wrongful death suits. You might get lucky and the judge might throw it out as frivilous. Or they might have enough evidence to convince a judge that there is some merit to their case and there you are -- having to spend your time and money to defend yourself. I agree, it sucks, but that is the way the system works.

I thought that "Stand Your Ground' was supposed to add protection against those type of civil lawsuits versus 'Make My Day'. Wow. Scary. Money talks and BS walks I guess. Keep a self defense fund and a good lawyer handy. Never know when youre going to need em. Hope you never do though.

 

[BadgeBunny]

I thought that "Stand Your Ground' was supposed to add protection against those type of civil lawsuits versus 'Make My Day'. Wow. Scary. Money talks and BS walks I guess. Keep a self defense fund and a good lawyer handy. Never know when youre going to need em. Hope you never do though.

It does provide a defense but that is the rub, isn't it? Anybody can file a suit and you still have to defend yourself against it. It doesn't actually keep anyone who feels wronged from filing the suit in the first place.

 

[nofearfactor]

It does provide a defense but that is the rub, isn't it? Anybody can file a suit and you still have to defend yourself against it. It doesn't actually keep anyone who feels wronged from filing the suit in the first place.

True. Been there. I had one of our tenants in California file a nonsense lawsuit on us so I had to go to California to court to address it,take along a lawyer (my sister),take the time to go to court,blahblahblah. Youre right. You dont defend yourself then you are just letting them win a judgement on you. Sucks.

 

[TallPrairie]

BB:

Even if a shooting is deemed justified and the authorites do not prosecute, I have heard of familes of the dead bad guy filing wrongful death suits. You might get lucky and the judge might throw it out as frivilous. Or they might have enough evidence to convince a judge that there is some merit to their case and there you are -- having to spend your time and money to defend yourself. I agree, it sucks, but that is the way the system works.

Though if such a civil suit is filed, the Stand Your Ground law does seem to require that the plaintiff fully compensate you, including your attorneys' fees, if your use of force is deemed justified. That's a significant protection. See 21 O.S. 1289.25.H:

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.

 

[Werewolf]

BB:



Though if such a civil suit is filed, the Stand Your Ground law does seem to require that the plaintiff fully compensate you, including your attorneys' fees, if your use of force is deemed justified. That's a significant protection. See 21 O.S. 1289.25.H:

Yeah...

That'll work.

Especially if the scum sucking relative of the dead bad guy bringing the suit don't have any money to pay all those fees when they lose. Then you're stuck. Unless the law makes provision for that and you get paid out of some state fund or something.

 

[nofearfactor]

Yeah...

That'll work.

Especially if the scum sucking relative of the dead bad guy bringing the suit don't have any money to pay all those fees when they lose.

Thats the beauty of judgements with liens and attaching garnishments,etc to their wages and assets to make sure you get your money. They have to make something some time. When they do you should be able to get some of your money.

 

[BadgeBunny]

BB:



Though if such a civil suit is filed, the Stand Your Ground law does seem to require that the plaintiff fully compensate you, including your attorneys' fees, if your use of force is deemed justified. That's a significant protection. See 21 O.S. 1289.25.H:

That is true but unfortunately it falls to you to find an attorney and pay him upfront. AND even if you prevail in court and the judge awards fees, etc. back to you more often than not it is like trying to get blood from a turnip. If the non-prevailing party is judgement-proof, well, you are SOL.

Like you, I believe Stand Your Ground will provide some deterrent but there is always that one determined toad that nothing will stop. Know what I mean??