Expanding the Use of Deadly force

HOUSE BILL NO. 1439 adds a place of business to the use of deadly force in self defense. The bill states if an owner, manager or employee of a business holds a reasonable fear of death or great bodily harm to themselves or others, may use defensive force that is likely to cause death or serious injury to the perpetrator in certain circumstances. If 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 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, or occupied vehicle, or place of business.

This bill states that 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 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.

 A person who uses force, as permitted pursuant to the provisions of this law is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.

This does not cover a person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle, or place of business to further an unlawful activity. Additionally it does not cover a person who uses defensive force against the parent, grandparent or legal guardian attempting to remove their children from said places.

This bill expands the scope of section 1289.25 of the Oklahoma Self-Defense Act. Part of this law allows concealed handguns. According the 2010 SDA Report issued by the OSBI there are 27,013 individuals with a license. The average age of the licensee is 50. The report also shows that 74.5% of the SDA licensed are male. This does not supersede businesses rules that do not allow weapons on the premises. To read the entire act click here Oklahoma Self-Defense Act.