According to NewsOK, Oklahoma Governor Mary Fallin signed into law an amendment to the Oklahoma Make My Day Law that allows the use of deadly force against unlawful felonious attack or entry in a place of business. State Representative Steve Vaughan, the sponsor of the bill, doesn’t pull any punches (given the right situation, he would likely prefer to pull a gun) when he suggests that bad guys not be surprised when an employee draws a gun . . .
“If in a split second of this horrible situation happening, they’re not going to have to think about that,” [legality of self-defense in the workplace] he said. “If you come in and threaten me and you put a gun right to my head or a baseball bat and I take you out, that’s as far as it’s ever going to go.”
In other words, the person defending himself would be “immune from criminal prosecution and civil action for the use of such force” if the force was justified. 21 O.S. Section 1298.25(F).
Vaughan, R-Ponca City, said he encourages business owners and employees to talk about setting up procedures on how to implement the law. Employees also should check with employers to see whether guns are allowed on the premises.
Does this mean that an employee can ask an employer about bringing firearms on the employer’s property without any reprisals or fear of some sort of stigmatism?
Section 1289.27 of Oklahoma Statutes Title 21 forbids a private employer from asking an applicant about firearm ownership. I’d assume the same goes for employees already hired. So if an employer wants to encourage the packing of heat in his or her establishment, maybe they would have to state it as a matter of fact, “If you own a handgun and a CCW and want to carry here, go for it” rather than specifically asking the employee if they own firearms.
If a person works for an employer who has a policy manual, it would be best to check that first before shooting one’s mouth off–figuratively–about carrying a firearm at work. If there is a good relationship between the employee and the employer, maybe a candid chat about carrying at work would be appropriate.
Not sure about protocol when there is no employer directive or policy regarding firearms on the employer’s property. Would it be best for one to carry discretely and never say anything? Or would it be better that the employer knows you’re carrying for self-defense purposes? Not sure on the answer to that. YMMV, I suppose…
[Governor] Fallin said people should have the right to defend themselves at work.
“This measure represents a victory for law-abiding citizens and gun owners and a defeat for the criminals who would threaten them,” she said.
The language of the bill, codified as 21 O.S. Supp. 2010, Section 1289.25 in the Oklahoma Statutes also states,
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.
Makes sense that the law is referred to as the “Make My Day” law. Chalk up one for Oklahoma!
What frosts my cake is that we actually need a law for this.
well its about time
This law means absolutly nothing it was nothing more than a publicity agenda. Oklahoma Case law makes it clear that the right of self defence cant be invoked by one who willingly enters into a conflict armed with a dangerous weapon no matter how dangerous it becomes to their personal safty unless the right of self-Defence is established. In essence this is gun control if you use it then give the jury your legal justification you will go to prison and loose your legal justification along with it as you already gave it to the jury and any claim considered on the merits can not be raised on appeal. The Jury instructions on self-Defence give the State an argument to beat your claim. They will say you became the agressor the moment you pulled the trigger. I was a CLEET Certified peace officer and Armed Security Guard and this is what they done to me. Check out my Wall post on Face Book. They used me as a test case to get our guncontrol laws into a federal court room. Dont try to use this law until you go to federal court. You will have to reestablish you had a right of self defence and this is your wildcard.
http://www.facebook.com/dcowan138
If I have a home invasion, the crook will die as I don’t want him suing me in court. He will probably have one of my kitchen knives in his hand before I call 911 if he isn’t otherwise armed. I plan on using wasp spray with a 15-25 ft range to blind and an aluminum ball bat to dispatch the crook.
Oh my gosh. This is great. All I can say is “me too”.
One of my close family members is employed with a contractor that works with a major Gas/electric co in Okc.. . They have to go into people’s yards all the time to routinely check the gas lines to keep you safe.. 3 of the employees have had guns pulled on them!
Because there is a gun law like this people need to be even more vigilant to be even more careful with your guns, or you become as bad as the people you fear.
Some gun owners are putting good, hard working people in serious danger.
These men work hard to protect you from gas leaks, or worse. They go through days of vicious dogs, people yelling at them, and people pulling guns on them, REAL DANGER, trying to do their job to protect you.
And as a concerned family member that knows the danger my family and others family members are facing……To protect these hard working Americans, you need to put AWAY YOUR GUNS and pick up a phone . They deserve the right to do their job with out having a gun in their face, CALL THE GAS/ELECTIRIC CO and ask first, (before waving a gun in someones face), if they have men checking meters in your area.
If you are not comfortable with a city worker going into your back yard the call the gas/electric company and have them move your lines out in front of your home. Let them know your concern. You can get the identity of the employee’s as well to verify who it is too.
But for the sake of LIVEs, Put a reminder in your gun magazines and your gun shows, gun forums, etc, that there are city workers that will have to enter your back yards and houses, as long as you have a meter in those areas.
These men go through background checks and through a slew of processes to be able to do the job they do, so that you are safe.
A responsible gun owner should know using a gun is the last resort.
So, pass the word to others that this is a required procedure, as long as there are gas lines that run in the back yards of peoples houses, and that all gun owning residents need to be just as vigilant to protect these peoples rights by not waving their guns around when they are trying to do you a service.
So why is it so hard for Gas/electric workers to actually KNOCK ON THE DOOR first instead of simply entering someone else’s property? That would save a lot of potential problems and not scare the crap out of homeowners when they see strangers wandering around their back yard!
Love the wasp spray idea!! I have some right here and a bat by my wall the knives are hidden. Lol.
I a woman. worked as a UNARMED security guard, in downtown OKC on less than 5.00 an hr. That should have been illegal. I had a higher risk of being hurt than most of you. I was sexually assaulted by the boss that was a white guy. Should i have shot the boss?
Honestly, you are more likely to be hit by a drunk driver than be put in a situation where you will need to defend your life with a gun, but they haven’t banned drinking.
Lg ur an idiot, “oh no they pulled a gun on me” maybe just MAYBE they should knock on the door first to let the homeowner know they will be on THEIR property. I don’t give a damn who it is until they decide to change this bs “if something in UR yard/property i.e. gas line, water line, sewer, ect. needs to be dug up and repaired the HOMEOWNER must pay for it.” and making it their responsIbility it would be more understandable. But until then they better start knockin, because if they keep doing what they’re doing one of them is goin to get shot.
Does the make my day law apply to dogs they have in their home? If they do not have a gun, can they use their family pet for protection?
A while back a group of us were having a conversation about a man who was killed trying to steal a car, one woman said that a car was not worth a life. I told her that I agreed in part as her car was not worth my life, but my car was worth her life and I would shoot her if she tried to take it. The look on her face had me laughing for days after.
Comments are closed.