Gun Plan Considers Defense

The Daily Oklahoman ^ | 11-25-2005 | Ken Raymond

[Osage Orange]

Gun Plan Considers Defense

By Ken Raymond

The Oklahoman

Some say the proposal isn't needed in our state. The National Rifle Association is behind a nationwide push for legislation broadening the definition of self-defense -- but some Oklahomans say it would change little here.

"I think the statutes are pretty clear already on what you can and can't do," said Doug Friesen, an Oklahoma City attorney who has taught conceal-carry classes for nearly a decade.

The proposed legislation is based on Florida's new "Stand Your Ground" law, which took effect Oct. 1. That law, in part:

Authorizes residents to use deadly force, if necessary, to defend themselves against attackers inside their homes or, in some cases, vehicles.

Declares an individual does not need to retreat from danger and "has the right to stand his or her ground and meet force with force ... if force is necessary to prevent death, great bodily harm or the commission of a forcible felony."

Provides immunity from criminal prosecution or civil action for using justifiable deadly force. A similar measure was introduced during Oklahoma's last legislative session but got lost in the shuffle at session's end, said Paul Abel, legislative director for the Oklahoma Rifle Association.

"We're going to be pushing for that again this year in the upcoming session," said Charles Smith, the state association's executive director.

A matter of debate

Zach Ragbourn, spokesman for the Brady Campaign to Prevent Gun Violence, said the efforts by the NRA and its affiliates could decrease civil and personal responsibility by making it easier to claim self-defense.

"If this kind of talk and this kind of bill puts the thought in anyone's mind that it's OK to use deadly force as a first resort in public, then the law is a huge mistake. ... We're not concerned about hundreds of people taking the law into their own hands and gunning people down in the streets. We're concerned with two or three people taking the law into their hands," Ragbourn said.

Friesen and others said it doesn't really matter if Oklahoma adopts a version of the Florida law. Some of its protections are already in the state statutes; others can be found in existing case law.

"The only thing they are doing is stating what is already practiced here," Friesen said.

Under Oklahoma's "Make My Day" law, people are already entitled to defend themselves against attackers, Friesen said, and nothing in state law requires individuals to compromise their safety by retreating from danger.

"Make My Day" also provides protection from litigation, Abel said.

"It says in essence that if you have to use deadly force against somebody and you are either tried in a court of law ... or the district attorney ... determines that this was justifiable by reason of self-defense or some other logical justification, then you cannot be sued civilly in an Oklahoma court," Abel said.

So what purpose would a "Stand Your Ground" law serve in Oklahoma?

Friesen said it would "make statutory law state what case law already is, but I just don't foresee anything happening."

Abel said it would unify and clarify the existing statutes, making them easier to understand.

"The Oklahoma Rifle Association is not pushing something here to make this a gunslinger state," he said. "That's not what we're after at all. What we want is the right for people to protect themselves under very bad situations."

[ncountylee]

We're not concerned about hundreds of people taking the law into their own hands and gunning people down in the streets.

You Brady pukes have been saying this all along.

[Osage Orange]

... We're not concerned about hundreds of people taking the law into their own hands and gunning people down in the streets. We're concerned with two or three people taking the law into their hands," Ragbourn said.

Just floors me..that they rarely apply their twisted logic to those two or three criminals...that don't FREAKING care about LAWS!!

LOL!!!

[PizzaDriver]

Defense of Self,
Defense of Home & Family,
Defense of Strangers,
Defense of the [otherwise] Helpless.

"Carry" does it ALL.

[Servant of the 9]

Provides immunity from criminal prosecution or civil action for using justifiable deadly force.

Immunity from civil action is the big one in most states.
There's not too much likelyhood of a jury convicting you criminally in most states if the shooting was reasonable, but you can catch a loonie civil jury anywhere.

So9

[Osage Orange]

You be right!!