OKLAHOMA CITY, OK — In a state with a rich history of guns and second amendment freedoms, situations on when and where you can legally defend yourself aren’t always as bulletproof as they may seem.
The castle doctrine or stand your ground laws are in force in Oklahoma and allow a person to defend themselves against threats to personal safety.
Don Spencer, president of the Oklahoma Second Amendment Association talked to FOX25 about the law and what exceptions there are when it comes to using lethal, deadly force in your home or place of business.
“A person has the right to expect absolute safety, that’s physical safety, within their own home. And also, under the stand your ground law, which basically means when you leave your home, you have the right to be able to defend yourself without having to run away, which could include deadly force if you’re convinced you’re going to be harmed or killed,” Spencer said.
But Spencer said there are exceptions to the law.
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“That has to do with the custody of a child and if there was a custodial issue involved that a person may not have this right. Also, you cannot lure a person intentionally into your home and intentionally get into a confrontation and then think the stand your ground law or make my day law is going to apply as a defense,” Spencer said.
There are also exceptions when protecting private property.
“If you were to go out in your yard where someone was threatening you and your property, and you were, under current law, were to point a firearm at them and ask them, tell them or demand that they leave, you could still possibly be charged with “felony pointing” while the perpetrator is allowed to get away with whatever they do,” Spencer said. “If you’re out in your same front yard and someone attacks you, you have every right to defend yourself, including lethal force, provided you’re convinced you’re going to be harmed or killed. But, if you’re trying to defend your property, the laws are nowhere near as strong, and you could possibly end up in a legal, criminal situation.”
“You cannot defend property but you can always defend life,” Spencer said.
Spencer said if an intruder is forcing entry into a person’s home, the homeowner has the right to use deadly force.
The same goes for business owners and in places of worship.
“The castle doctrine was also expanded in 2011 to include business and also a place of worship. So, a person or persons inside of that business or place of worship or in your home has the right to expect absolute safety just like it is in your own home,” Spencer said.
Spencer said if someone were destroying property or even threatening to burn down a person’s home, the homeowner could not pull out or shoot their weapon.
“If the person has a Molotov co*cktail in their hand and they have the lighter, and they’ve lit it, you can shoot. But unfortunately, you have to be to that point,” Spencer said.
Spencer said the OK2A plans to reintroduce a bill to allow a person to show, get out of point a weapon at someone and ask them to leave their property without penalty.
“A person can say, ‘I have a gun.’ They can pull (their) coat back and show they have a gun and would be able to remove the gun from the holster and also include pointing the gun. We’ve got to get it in our head that it’s not a deadly act until the trigger is pulled,” Spencer said.
Spencer said it would be called defensive display.
“The language makes it clear that you can’t do this as a prank, you can’t do this just to scare someone just for fun. It has to be based on the act of self-defense,” Spencer said.
Spencer reminds if a person has been involved in a crime, they do not have the right to defend themselves.
In May, an Oklahoma man shot and killed an intruder inside his place of business and is now facing second-degree murder charges.
Oklahoma City Police said LaRue Bratcher was first charged for unlawful cultivation of marijuana after finding 480 marijuana plants inside his business.
“Since this gentleman was not properly licensed and had medical marijuana, he was involved in a crime so, therefore, that thwarts all of his second amendment and self-defense protections,” Spencer said.
Bratcher’s case is still open. He’s currently in the Oklahoma County Jail.
