Oklahoma – Castle Doctrine Law
Oklahoma Gun Laws Article – Blue Haven Firearms, Midwest City/OKC
The term Castle Doctrine does not appear in the Oklahoma statutes; however, the legal concept comes from the philosophy that every person is the king or Queen of his or her castle. As such, no king or queen is required to retreat before using force or deadly force against an intruder into their castle. In Oklahoma, the “Castle Doctrine” type law is implemented and takes the form of a powerful presumption of reasonableness.
The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes or places of business.
The Oklahoma “Castle Doctrine” extends to a person’s dwelling, residence, occupied vehicle, and place of business.
“Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people;
“Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and
“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
Oklahoma law recognizes a special right of an occupant of a residence, dwelling, business, or occupied vehicle to self-protection or to protect other occupants from a threat of harm from an illegal entry or certain other specified threats. This special law makes no distinction between degrees of force.
A person or a owner, manager or employee of a business is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle, or a place of business, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, occupied vehicle, or place of business; and
The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
Note: that is only a presumption. In other words, the court will start off with the idea that the person had a reasonable fear of imminent peril of death or great bodily harm, but that presumption may be overcome by the evidence.
The presumption does not apply if:
The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person;
The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, occupied vehicle, or place of business to further an unlawful activity.
For more information on Oklahoma Gun Laws please contact Blue Haven Firearms, located at 1104 S. Air Depot Blvd Ste 3 in Midwest City, Oklahoma. Our phone number is 405.225.2809
Our mission is to give law-abiding citizens the tools and education they need to protect themselves and their families. We are proud to serve the Midwest City & Oklahoma City metro and surrounding areas.