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<blockquote data-quote="tulsanewb" data-source="post: 2518835" data-attributes="member: 2133"><p>I keep forgetting to clarify, when I refer to reading the SDA I intend to say the SDA Lawbook that incorporates all of the related firearm/weapons laws for Oklahoma. </p><p></p><p>Also, in reading over it again I found:</p><p>"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."</p><p></p><p>Not a lawyer, but I think a convincing argument could be made that the determination on whether the use of force was lawful would be independent of the sobriety of the person shooting. IE (if someone kicks a door in, it falls under the person unlawfully and forcibly entering clause... someone being drunk inside does not change that). I would think, at most, a person could be charged with using a firearm under the influence of alcohol... which seems unlikely if it's a person who grabbed a gun at home while having a glass of wine when someone kicked the door in. Imagine the headlines...</p><p></p><p>That said, I sure as hell never want to be in any shooting situation, let alone a gray area.</p></blockquote><p></p>
[QUOTE="tulsanewb, post: 2518835, member: 2133"] I keep forgetting to clarify, when I refer to reading the SDA I intend to say the SDA Lawbook that incorporates all of the related firearm/weapons laws for Oklahoma. Also, in reading over it again I found: "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." Not a lawyer, but I think a convincing argument could be made that the determination on whether the use of force was lawful would be independent of the sobriety of the person shooting. IE (if someone kicks a door in, it falls under the person unlawfully and forcibly entering clause... someone being drunk inside does not change that). I would think, at most, a person could be charged with using a firearm under the influence of alcohol... which seems unlikely if it's a person who grabbed a gun at home while having a glass of wine when someone kicked the door in. Imagine the headlines... That said, I sure as hell never want to be in any shooting situation, let alone a gray area. [/QUOTE]
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