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Old February 17, 2013, 07:06 PM   #27
thallub
Senior Member
 
Join Date: November 20, 2007
Location: South Western OK
Posts: 3,112
Quote:
Are you automatically going to be arrested?
No. In the state of OK the police may not arrest a person who has shot another person in a home invasion shooting unless police have probable cause the shooter has broken the law.

Quote:
Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.25 - Physical or Deadly Force Against Intruder
Cite as: O.S. ยง, __ __

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G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
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The vast majority of home invasion shootings in OK are not prosecuted. Our former prosecutor declined to prosecute one "stand your ground" killing and two home invasion killings in a 18 month period.

This lady was not prosecuted. LEOs bought her a shotgun to replace the one taken as evidence.

http://newsok.com/blanchard-woman-sh...rticle/3636876
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