Stand Your Ground Laws Explained
A Stand Your Ground law justifies the use of deadly force in self-defense if the person reasonably believes such force is necessary to prevent death or great bodily injury. Oklahoma’s stand your ground law specifically states that there has to be a reasonable belief that the defendant is in serious danger or would be killed by the intruder. The law states "A person is presumed to be justified in the use of deadly physical force and is immune from criminal prosecution" when acting in self-defense or defense of another, against a person who unlawfully and forcefully enters a dwelling, structure , or occupied vehicle. This law authorizes "that a person is not required to retreat before using or attempting to use deadly physical force as justification for using physical force that is intended to cause or that is capable of causing physical injury except in circumstances where otherwise required by law."
Stand your ground laws function in the United States by giving people the right to use lethal force in self-defense regardless of circumstances; there is no duty to retreat before using lethal force. Many states, including Oklahoma, have adopted this law. However, contrary to popular belief, these laws do not give people a free pass to commit murder. There are certain situations where this law does not apply.
People are generally confused about stand your ground laws versus other self-defense doctrines, particularly in situations where the intruder was legally granted access to a property owner’s home or business. The two most prominent self-defense doctrines are stand your ground and duty to retreat as well as the castle doctrine, which protects property owners when acting in self-defense.
Stand Your Ground Law in the State of Oklahoma
Oklahoma does indeed have a stand your ground law. House Bill No. 2611 states: "A person is justified in using deadly force and does not have a duty to retreat if the person is in a place where the person is lawfully present, has not provoked the attack, and believes it is necessary to do so in order for the person to defend himself or herself or another from death or great bodily injury." Under these statutes, it is legal to defend yourself with deadly force in Oklahoma.
The legal ramifications for this can be confusing, even for attorneys, depending on the jurisdiction where a case may fall. In Oklahoma, at least in Norman, if you feel threatened with great bodily harm or death, you do not have to retreat and you are legally permitted to defend yourself with deadly force. Although Oklahoma is likely one of the most liberal states in allowing deadly force to be used in self-defense, there are some nuances to the law. Deadly force may only be used if you believe someone is about to cause you death or great bodily injury, you are in a place where you have a legal right to be, and you have not provoked the aggression. For example, someone breaking into your home or threatening you at gunpoint would likely justify the use of deadly force.
Oklahoma’s Stand Your Ground Law and Its Legal Ramifications
Oklahoma has a law known as the "Stand Your Ground" law. This law means a person is allowed to use and even kill another person, without fear of prosecution, as long as the person has not been engaged in illegal activity when the force is used. In Oklahoma, the law states, "A person who is not engaged in an unlawful activity and who is attacked in any other place where such person has a right to be has no duty to retreat and has the right to stand ground and defend himself or herself by the use of force." It is important to realize it is legal to kill a person who has attacked you in a bar or restaurant. If you have a concealed carry permit, you will be well within your rights to shoot another person if they attack you in a restaurant or bar. Oklahoma’s "stand your ground" laws have not been challenged in Oklahoma courts and may never be. The potential for this is little more than a speculation. More than a decade ago, in 2007, three college students were killed in a bar located in Stillwater, Oklahoma. The Oklahoma Attorney General concluded that the three were killed after they had attacked another patron of the bar, who had a concealed carry permit. The shooter was not charged with anything because he was well within his rights to shoot the three attackers in the bar. Oklahoma has similar laws that give a property owner, a potential burglar, and any people inside the building or on the land where the burglary is taking place, are allowed to shoot the potential burglar. Oklahoma law enforcement and prosecutors are required not to charge the potential burglar for breaking and entering if the burglar is killed, and the property owner did not commit any crime at the same time. If the burglar dies from being shot, then he or she will be charged posthumously.
Stand Your Ground Laws in Other States
While all states—including California—have self-defense statutes that allow a person to use force when necessary to prevent imminent harm, the language in Oklahoma law is broader in scope than most other states which include the duty to retreat before using deadly force, and much narrower in scope than the traditionally maligned "make my day" or "stand your ground" laws of some Southern and Midwestern states that allow for the use of deadly force when the person has "no other duty to retreat."
However, unlike Florida’s controversial stand your ground law which explicitly includes immunity from prosecution for an actor who has a reasonable belief that the use of force is necessary, Oklahoma law does not include any mention of immunity from prosecution, but instead simply says there is no duty to retreat. Oklahoma’s Supreme Court has yet to address the question of immunity.
Right now, there are 24 so-called stand your ground states but just three—Florida, Kansas and Texas—with language exactly like Oklahoma. Twelve more (including California) require a person to retreat if the retreat can be done safely; though in many cases this is mitigated by the fact that it is up to the jury to decide whether a defendant had a reasonable fear of imminent harm for purposes of self-defense, and it is often unclear what that means. And then there are the 11 states with statutes that differ greatly (if at all) from state common law on self-defense, such as the eight (including Arizona and Nevada) that expressly provide no duty to retreat in the home. The remaining three are Minnesota (stand your ground in a castle), South Carolina (warrantless search, unwarranted entry, trespassing) and Washington (authority to use deadly force).
Most importantly, perhaps, while many states have "make my day" laws that essentially protect any person who uses physical force against a trespasser in a home, this is not the same as "stand your ground" because the latter refers to deadly force – something that is rarely allowed in response to a mere act of trespassing.
So what’s it like in the rest of the country? Here’s a brief rundown:
Florida – "Stand your ground" if you have a reasonable belief the use of force is necessary to prevent imminent death or great bodily injury or prevent imminent commission of a forcible felony AND you have no duty to retreat – even [if] initially attacked in your house . If you act in good faith – no civil or criminal prosecution.
Texas – Can use force or deadly force if you have a reasonable belief and you have "no duty to retreat."
Kansas – Similar to Texas, but covers use of force against a third person being attacked or other circumstances.
Iowa – No statutory language. Iowa’s Supreme Court, however, has found there is no Castle Doctrine and that an initial attacker has a duty to retreat.
Nevada – No duty to retreat if person has a reasonable belief force is necessary to protect self against another. No specific "stand your ground" language.
Georgia – "Stand your ground" if person has reasonable belief that force is necessary to prevent death, great bodily harm or forcible felony AND has no duty to retreat when in their own home. To use deadly force, person cannot be engaged in criminal activity and must have reasonable belief that force is necessary to prevent "imminent" death, great bodily harm or forcible felony in self or immediate family. Otherwise, is a presumption of reasonable belief that force is necessary to prevent death or great bodily harm and the force used was reasonable and necessary when:
• person is trying to prevent imminent commission of forcible felony
• person is in their dwelling or occupied vehicle
• person is using/reasonably believes unlawful entry into dwelling or occupied car AND meets certain conditions set out in law.
Minnesota – No statutory language. Minnesota courts have held that there is no Castle Doctrine as to the use of deadly force in self-defense against an initial attacker and retreat is required.
South Carolina – similar to Georgia and Georgia, no duty to retreat but presumption of reasonable belief.
Alabama – similar to Georgia with respect to presumption of immunity from civil or criminal liability.
Iowa – no specific "stand your ground" statute but interpreted by Supreme Court as applying common law and exception to duty to retreat from home.
Utah – no specific "stand your ground" statute but interpreted by law as exception to duty to retreat from home.
Arizona – Rely on "common law-" no statutory "stand your ground" language. Duty to retreat in home is not legally recognized.
Arguments For and Against Stand Your Ground Laws
The justifications behind "stand your ground" laws have been met with mixed responses both in Oklahoma and across the nation. Critics cite differing attitudes towards self-defense depending on the race, ethnicity, or gender of the aggressor as evidence that protraction of the doctrine would only further systemic discrimination in the United States. In fact, the National Center for State Courts reported in 2013 that "when the gunmen were part of racial or ethnic minority groups, the crimes were more likely to be categorized as ‘drug-related’ or ‘gang-related.’" Further support for this argument comes from a 2014 study by Texas A&M professor and Department of Sociology chair Dr. M. Mako Villalobos and the Texas A&M Law School in Fort Worth, which found that "deploying deadly force is sanctioned significantly more often when the adversary was white."
It is also important to note that protraction of the "stand your ground" doctrine has led to various physical injuries and deaths. The New York Times reported last September that "more than 30 people have died" as a result of the "Castle Doctrine" portion of Florida’s "Stand Your Ground" law alone, which was signed by former Florida Governor Jeb Bush in 2005. Among other cases, a woman discharged a warning shot into the air near her estranged abusive husband’s house. Despite his history of abuse and the aggressor’s apprehension of the situation (he was unarmed), the woman was sentenced to 20 years in prison under the state’s sentencing guidelines. However, "the aggressive husband in the case had been legally carrying a firearm and was never charged with threatening her life," according to the Huffington Post.
This has led to increased calls for elimination of "stand your ground" laws in Florida and other states nationwide, however, while some state officials have backed this, the legislature has failed to react. In February of 2013, Washington Post author Stephen Hunter argued that "stand your ground" laws avoid the need to act with forethought—a prerequisite that a number of laws require before use of lethal force without recourse to police, and argued that "stand your ground" laws actually "remove the obligation to try to get away if you can."
Regardless of its stigmatization outside of Oklahoma, where Republican and Democratic leaders alike support the law, various legal experts have maintained a rather neutral stance on the issue. For instance, Frances King, a law review editor for the University of Oklahoma modernizing Oklahoma law, posited that "’there is no law that exists . . . that addresses the situation’ where a confrontation happens outside your property where stand your ground applies." Thus, "Oklahoma’s law will become a precedent for other states."
Tips on What Oklahomans Should Know
It’s always prudent to exercise caution and avoid violent confrontations whenever possible, however, there are some basic actions Oklahomans can take to better protect themselves legally, should a defensive shooting occur. Oklahomans also need to do their best to make sure they are aware of the current law. Here are a few practical points that could prove useful: Act in self-defense only when absolutely necessary. It’s always preferable to de-escalate or avoid conflict as much as possible before resorting to lethal means . In the event that a defensive shooting does occur, immediately leave the scene and contact legal representation. Make certain that your vehicle is registered properly and is in good working order. Remember that Oklahoma law (21 O.S. § 1290.22.5.B) allows a reasonable suspicion/vehicle search only if officers have "reasonable belief" that you possess a weapon – but always comply if they ask. Don’t destroy or hide evidence if you’re involved in a fatal accident. Take pictures of the scene, witnesses, and damages to your property and/or person. Be prepared to justify use of lethal force in court.
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