Oklahoma "Stand Your Ground" Bill Passes
This is a discussion on Oklahoma "Stand Your Ground" Bill Passes within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; From NRA-ILA:
OKLAHOMA CITY The Oklahoma House overwhelmingly passed legislation today to give greater legal protections to people who shoot or use other deadly force ...
March 15th, 2006 12:57 PM
March 15th, 2006 01:08 PM
Holy moly - that is some vote -
Chris - P95
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March 15th, 2006 04:17 PM
Rock and Glock, do you know if it includes protection from being sued by the BG or his family. That should be included in every Stand Your Ground law. This should be the law in every state too.
DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.
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March 15th, 2006 04:43 PM
March 15th, 2006 05:22 PM
It appears the answer is "Yes", but I have not personally read the bill passed. See the Bold Italics, below. Here's the source I used to find this answer:
Originally Posted by havegunjoe
Foes of ‘Stand Your Ground’ bill fear safety will be forgotten
OKLAHOMA CITY — In the Old West, it wasn’t uncommon for cowboys and rovers to check their guns at the local sheriff’s office to cut down on gunplay that sent many men to their graves.
Gun violence prevention advocates say they fear that lesson is being forgotten in a measure before the Oklahoma Legislature that would expand where firearms can be taken and when they can be used with deadly force.
Oklahoma’s “Stand Your Ground” bill, similar to legislation pending in four other states, would give greater legal protections to people who shoot or use other deadly force when threatened or attacked.
The measure clarifies existing law on self-defense and expands the right to protect yourself against attack in your own home or other places, including someone else’s home, a vehicle or a street corner.
“It continues to add shame to shame,” said Peter Hamm, communications director for the Brady Center to Prevent Gun Violence in Washington. The center is named for Jim Brady, former press secretary to President Ronald Reagan who was shot in the head and seriously wounded during an assassination attempt in 1981.
“It’s a violence issue, it’s not a firearms issue,” Hamm said. “It’s a potentially dangerous solution to a non-existent problem.”
Other legislation pending in the state House and Senate would allow judges to carry and use weapons in courthouses and courtrooms and even permit principals and school superintendents to carry guns on school property.
The author of the “Stand Your Ground” measure, Rep. Kevin Calvey, R-Del City, said it was requested by the Oklahoma Rifle Association, the state’s National Rifle Association affiliate, and is similar to a law that went into effect in Florida in October. Similar bills are pending in Georgia, Alabama, Mississippi and Michigan.
“I think it’s a good idea,” Calvey said.
The measure would amend Oklahoma’s “Make My Day” law that gives citizens the right to protect themselves inside their homes. Under the law, that right does not extend beyond the home.
The changes would remove a duty on the part of citizens to retreat in the face of an attack and authorize them to use force, even deadly force, to protect themselves when they believe they are in danger in any place they have a legal right to be such as their office, a supermarket or on the street.
It also gives immunity from criminal charges and civil liability to a shooter as long as the person shot is not a police officer.
“I think it’s just common sense,” said Calvey, who said a woman under attack by a would-be carjacker should not have to find out whether her assailant is armed before she uses deadly force to protect herself.
“She shouldn’t have to wait to find out if he’s got a gun,” Calvey said.
“This bill is about protecting the rights of citizens to live and work without fear of facing prosecution if they defend themselves or their families in public,” Charles Smith, executive director of the ORA, said when the measure was filed.
“With the recent trends in criminal activity, such as carjackings and workplace violence, it is vital that citizen’s feel they have the right to protect themselves and their families from thugs and criminals,” Smith said.
Enid area state representatives said they are strong supporters of the second amendment and both representatives, Mike Jackson and Curt Roggow, support the measure.
Jackson said he would support a measure that gives people the right to defend their homes.
“In the past, statistics where people are allowed to defend their storefronts and homes, crime has gone down. Where it is disallowed — like Washington, D.C. — crime has escalated,” the Enid Republican said.
“I am in favor of defending your home and business and a strong supporter of the second amendment,” he said.
Roggow R-Hills-dale, also said he probably will support the bill.
“I have always been an advocate of the right to bear arms. I think this bill, according to the press release stands in line with the right to bear arms,” Roggow said.
Roggow wants to read the bill first, but said it sounds like pro-gun legislation and he does not think there will be much opposition in Oklahoma.
If the bill reaches the Senate, Sen. Patrick Anderson may be one of its supporters, although he has some reservations. Anderson said he has not seen the language of the bill, although he would probably support it.
“Oklahoma law already provides for citizens right to defend themselves from physical harm or danger. My concern is whether this proposal would go so far as to justify individuals to take the law into their own hands and then hide behind this proposal,” Anderson said.
Calvey said he does not believe the measure will lead to a surge in gun violence but will give gun owners peace of mind.
“Guns in the hands of lawful, law-abiding gun owners do a lot more to protect human life than any problems associated with that,” he said.
Hamm said Oklahomans and residents of other states already have the right to defend themselves from attack. He said no one in Oklahoma or anywhere else has been imprisoned for using force in a legitimate case of self-defense.
Calvey said he knows of no documented case in Okla-homa in which a legitimate case of self- defense has led to a jail sentence.
“There is no poster child that the NRA or anybody else can name who this legislation would act in the name of,” said Hamm, whose organization refers to the measure as the “Shoot First” law.
“You can only surmise that it would only be of value to people whose actions currently would be constituted as an illegal act — overly aggressive.”
After the measure went into effect in Florida, Hamm’s organization handed out leaflets at airports in Miami and Orlando that urged visitors to “take sensible precautions” while visiting the state.
“Do not argue unnecessarily with local people,” the leaflet said. “If someone appears to be angry with you, maintain to the best of your ability a positive attitude, and do not shout or make threatening gestures.”
The Florida law already is being used in the defense of a tow truck company owner in Tampa who fatally shot a man during a dispute over an impounded car. Defense attorneys say the shooting was justified under the state’s new “Stand Your Ground” law.
Hamm said if passed by the Legislature and signed into law, the Oklahoma measure probably would not lead to lots of gun violence.
“It’s only going to lead to a handful of it,” he said. “But people are going to die who do not need to die as a result of it.”
The tyrant dies and his rule is over, the martyr dies and his rule begins. ― The Journals of Kierkegaard
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