Governor Mary Fallin signed Oklahoma’s defensive display bill, SB 40, into law earlier this month. The bill will go into effect on November 1. The vast majority of defensive gun uses consist of showing the perpetrator that the intended victim is armed. Unfortunately, many states have laws that do not recognize that reality.
In many states, merely pointing a firearm at another person, even for self defense, can be a felony, usually aggravated assault. The problem is that prosecutors with an agenda have used those laws to punish people for finding themselves in clear self defense situations.
Because of that, states have started to clarify the ability to threaten force without shooting. These laws protect the use of defensively displaying a weapon. Arizona, Florida, Iowa, and other states have enacted defensive display laws similar to the Oklahoma bill.
The Oklahoma law is now fairly clear. From oklegislature.com:
J. A person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony shall not be deemed guilty of committing a criminal act.
K. As used in this section:
1. “Defensive force” includes, but shall not be limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony;
Estimates of defensive gun uses vary from about 100,000 to 3 million each year (CDC pdf).
Only 1,500 to 3,000 people are justifiably killed each year in defensive gun use situations. About five to ten times that many are shot and wind up hospitalized. About five to ten times that number are shot at, but missed. The number of times when no shots are fired are about 90 – 95 percent of all defensive cases.
It’s generally considered a much better outcome if an attacker runs away, rather than being shot and/or killed. Perhaps they will be disuaded from engaging in further attacks. But this law makes it unlikely that innocent defenders will be penalized for successfully defending themselves without firing a shot.
Could we use something like this here?
In many states, merely pointing a firearm at another person, even for self defense, can be a felony, usually aggravated assault. The problem is that prosecutors with an agenda have used those laws to punish people for finding themselves in clear self defense situations.
Because of that, states have started to clarify the ability to threaten force without shooting. These laws protect the use of defensively displaying a weapon. Arizona, Florida, Iowa, and other states have enacted defensive display laws similar to the Oklahoma bill.
The Oklahoma law is now fairly clear. From oklegislature.com:
J. A person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony shall not be deemed guilty of committing a criminal act.
K. As used in this section:
1. “Defensive force” includes, but shall not be limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony;
Estimates of defensive gun uses vary from about 100,000 to 3 million each year (CDC pdf).
Only 1,500 to 3,000 people are justifiably killed each year in defensive gun use situations. About five to ten times that many are shot and wind up hospitalized. About five to ten times that number are shot at, but missed. The number of times when no shots are fired are about 90 – 95 percent of all defensive cases.
It’s generally considered a much better outcome if an attacker runs away, rather than being shot and/or killed. Perhaps they will be disuaded from engaging in further attacks. But this law makes it unlikely that innocent defenders will be penalized for successfully defending themselves without firing a shot.
Could we use something like this here?
