Can I ask those who find this story, lets say unjustifiable, to put themselves in the defendants shoes (the man charged in this story with the assault with a firearm, Mr Ali) and place the scenario in there own US state and taking into account their own States laws what would have been the outcome if Mr Goldie came knocking at your door in the same fashion. (please don't duck the question by saying this scenario would not happen because of the current Gun Laws in the US, you should remember that the 'thug' is drunk and on drugs. Oh and to be realistic as Airguns are easier to obtain in the UK rather than a proper gun, lets not assume that you are not using an air rifle but the firearms you currently have to hand.)
A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.
B. Any occupant of a dwelling is justified in using any degree of physical force, including but not limited to deadly force, against another person who has made an unlawful entry into that dwelling, and when the occupant has a reasonable belief that such other person might use any physical force, no matter how slight, against any occupant of the dwelling.
C. Any occupant of a dwelling using physical force, including but not limited to deadly force, pursuant to the provisions of subsection B of this section, shall have an affirmative defense in any criminal prosecution for an offense arising from the reasonable use of such force and shall be immune from any civil liability for injuries or death resulting from the reasonable use of such force.
D. The provisions of this section and the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, shall not be construed to require any person using a pistol pursuant to the provisions of this section to be licensed in any manner. And if the event had occurred outside one's home HB2615 would be applicable.
D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
E. A person who unlawfully and by force enters or attempts to enter the dwelling, residence, or occupied vehicle of another person is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
F. A person who uses force as permitted pursuant to the provisions of subsections B and D of this section is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
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