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Old January 7, 2012, 10:44 PM   #6
Brian Pfleuger
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Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,369
Quote:
Originally Posted by kinggabby View Post
Oklahoma laws says I can shoot to kill it that situation.
No it doesn't. No law specifically allows "shoot to kill". The intent is to stop the threat. Whether the assailant lives or dies is not addressed in the law authorizing deadly force.

The Oklahoma law is this:

ยง21-1289.25.

PHYSICAL OR DEADLY FORCE AGAINST INTRUDER

A. The Legislature hereby recognizes that the citizens of the State of
Oklahoma have a right to expect absolute safety within their own
homes.

B. Any occupant of a dwelling is justified in using any degree of
physical force, including but not limited to deadly force, against
another person who has made an unlawful entry into that dwelling, and
when the occupant has a reasonable belief that such other person might
use any physical force, no matter how slight, against any occupant of
the dwelling.

C. Any occupant of a dwelling using physical force, including but not
limited to deadly force, pursuant to the provisions of subsection B of
this section, shall have an affirmative defense in any criminal
prosecution for an offense arising from the reasonable use of such
force and shall be immune from any civil liability for injuries or
death resulting from the reasonable use of such force.

D. The provisions of this section and the provisions of the Oklahoma
Self-Defense Act, Sections 1 through 25 of this act, shall not be
construed to require any person using a pistol pursuant to the
provisions of this section to be licensed in any manner.



Just as the "Castle Doctrine" laws of every other state, the law of Oklahoma allows for the "presumption" of a deadly threat. That presumption, in all states, can be rebutted.

Notice how the law uses the word "reasonable" in several places. "Reasonable use of force", "Reasonable belief".

It is NOT blanket authorization to shoot intruders and it does not allow "shoot to kill" as specific intent.
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