Your thoughts

[ez bake]

you said in #2 that if they came at you and you didn't know if they mean you harm to "draw my weapon and yell Get back or something like that"

you cant pull weapon and use as an intimidation tool. as i understand the law its that if you pull your weapon you pull the trigger. its not an intimidation tool.

I don't think most folks consider that as an intimidation tool. Issuing verbal commands while drawing your weapon with the intent to defend your life isn't uncommon to do (see just about any defensive training). It all depends on the situation and how much space and time you have available though.

You should be prepare to pull the trigger each time you draw, but each situation will determine whether or not you shoot. If you pull your gun and your attacker immediately retreats, then you probably don't want to shoot someone in the back because of a rule that your SDA instructor casually hit on in a CCW class.

 

[kinggabby]

TITLE 21 § 1289.16 FELONY POINTING FIREARMS
It shall be unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor or prank, or in anger or otherwise, but not to include the pointing of shotguns, rifles or pistols by law enforcement authorities in the performance of their duties, members of the state military forces in the performance of their duties, members of the federal military reserve and active military components in the performance of their duties, or any federal government law enforcement officer in the performance of any duty, or in the performance of a play on stage, rodeo, television or on film, or in the defense of any person, one’s home or property. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.17 of this title.
Any person convicted of a violation of the provisions of this section after having been issued a concealed handgun license pursuant to the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

If I read this right it says you can protect property. I cut and pasted this straight from the SDA handbook.So according to this you can draw down on someone who has turned from your vehicle to you.

 

[piston10]

If I read this right it says you can protect property. I cut and pasted this straight from the SDA handbook.So according to this you can draw down on someone who has turned from your vehicle to you.

I read it the same way, please correct us if we are wrong. It says you have the right to protect your property. Personally, I'm taking the high road and just going back around the corner and calling the police. No sense in a potential gun fight over material goods in the car. Nothing in my truck that's worth my life.

 

[rsc]

Interesting thread, I just moved here from Texas so I have to get adjusted to not "shoot first and asking questions later". Defense of your property (and even your neighbors! ) is justifiable in Texas with a few provisos about night-time and intent/capacity. I'm enjoying reading about the nuances of OK law.

 

[David2012]

These days, I can't imagine anyone parking on the side of a store... day or night.

With them just stealing from his truck alone, he could probably pull his weapon for his own protection as he confronted them.. but not shoot unless directly in fear of his life or of suffering serious bodily injury-- as it was a crime against property.. not self defense.

But when they turned on him and robbed his person, that was a whole different story. 2 men against one presents a deadly superior force situation... especially if he was conceal carrying. If they had gotten close enough to get their hands on his weapon, he could have been killed, stomped or beaten.

The action I would take would probably depend upon security cameras and witnesses. If it was just me & them... I'd sure be tempted to walk up and ask, "What do you 2 MF'in D---heads think your doing?" When they turned from the vehicle toward me for what they thought was going to be a easy beat-down, then I'd pull my weapon and place them under a citizen's arrest. If they wanted to run, then I'd let them run and the police with their radios can look for them. Main thing is to stop the robbery in progress and survive without anyone getting hurt, if at all possible.

 

[MLR]

or in the defense of any person, one’s home or property. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.17 of this title.

I have wondered about this section also. It seems to go against what is commonly said.

Michael

 

[Fatboy Joe]

I would tell "your friend" to never park on the side of Quicktrip at midnight. Park in the front or the back where he can see his vehicle while in the building. Also, tell "your friend" lock your damn truck. It's midnight and you are leaving your truck unlocked and where you (I mean your friend) can't see it???

THis is truly one of those times it was a friend. It would have probably ended differently if it would have been me. He doesn't carry or have a permit, but sometimes leaves a gun in his truck. His truck was locked and the windows was broken. He was stupid to park on the side of Quik Trip. They were after a bunch of tools and stuff from his truck as well as he had just left the casino.

 

[NikatKimber]

I think it's healthy to consider such scenarios and how they should be handled, but I believe it is better to orient the questions less like "can you shoot someone for xyz...?" and more like "what is the most efficient path to my and my family's survival?"

The latter consideration will guide most away from walking into any confrontation with two potentially armed and/or dangerous unknowns. Further consideration might encourage more successful efforts to prevent finding oneself in this situation to begin with, including simple things like not parking on the side of QT in the middle of the night, not leaving high theft items in the vehicle (especially firearms), etc.

Of course, things happen--trips to the store for medicine in the middle of the night, etc. In the event one finds oneself in this situation, and feels the absolute necessity to intervene, I would suggest that some noise and light (man, I love Surefire) drawing attention might send the bad guys immediately running. This can be done from 20 yards and requires little interaction, and enables a better description of the unknowns for police. If they react aggressively, then you have a managing unknown contacts situation which may turn violent.

But again, I place a higher priority on precluding the encounter and the necessity to intervene.

Excellent response!

And that goes right along with what I tell people about carrying: "I don't carry so I can kill someone, I carry so I can protect my life or the lives of those I love."

 

[dx3]

So did he physically get robbed as in they walked up to him and took his wallet etc? Please explain as that has a huge impact on the answer (at least legally)