On one hand, bravo! As kjrh.com reports. Charles Sweeny defended his home successfully. The armed American put criminals in his neighborhood on notice that they face aeration should they attempt to rob him or, by extension, people like him. Mr. Sweeny’s no-PTSD proclamation may encourage other law-abiding Okies to take up arms in their own defense. As well they should. On the other hand, Sweeny’s muy macho mea culpa gives ammunition to gun grabbers looking to promote the idea that firearms owners are, to a man, trigger-happy Clint Eastwood wanna-be’s. Meh. But why rattle the cage of the perp’s pals? And consider this: the real danger to these post-game pronouncements lies in a court of law, not in the court of public opinion . . .

In some states, so-called Stand Your Ground laws prohibit a civil action against a citizen cleared of criminal culpability in a defensive gun use (DGU) where the state deemed the shooting was justified. Mr. Sweeny’s Oklahoma is one of those states. Here’s the no-money shot from the OK with me statute:

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 charging or prosecuting the defendant.

If however, you don’t live in Alabama, Alaska, Arizona, California, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming, you could be facing a civil trial for a shooting, regardless of criminal culpability.

And maybe even if you do. And, lest we forget, George Zimmerman was cleared of all charges before he was charged with Murder 2. All sorts of strange things can happen in that strange world where politics, law and money meet. The safest bet: STFU after a DGU.

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32 COMMENTS

    • I’m willing to bet that if you researched the issue the vast majority of the people in successful DGU’s haven’t had any formal firearm’s training. With the possible exception of vets and their training was usually with a rifle and not concerning citizen DGU’s.

      Most DGU’s end with the gun being shown. Those that progress to shots being fired are over before any reload or HS/LD training can come into play. Most bad guys beat feat at the sound of a gun shot.

      Just having the gun in your hand, regardless of hold, seems to be the ticket.

    • I use it sometimes. It’s maybe not the best, but I think one might want to get cozy and comfy with several different holds… just in case. Y’know.

      HOORAY. SHOTGUN… shoot ‘im fo’ he run, now, do the jerk baby, do the jerk now…

    • “Dark and foreboding”. Guess the crimperp didn’t get the message. Instead, he got a hot lead massage.

    • Seroiusly, how many cats do you think this guy has in his house, roughly? I’d be willing to say maybe 20-25.

  4. MA has a weak Castle Doctrine with no civil or criminal immunity. The only reason that there’s any Castle Doctrine at all is that some of the panty-sniffers in Boston would find it inconvenient to jump out a 33rd story window to escape the next Boston Strangler. As for SYG, it does not apply outside of one’s home.

    • Oklahoma’s “Make My Day” Law applies even to ones vehicle:

      http://answers.yahoo.com/question/index?qid=20090602103536AAe5Wih

      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. A person 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:

      1. 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, or occupied vehicle, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, or occupied vehicle; and

      2. 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.

      So… as you can see from above… it would be very dangerous for a biker gang to try to break the window of an SUV and forceably remove and assault the occupant here in Oklahoma, especially given the sheer number of those conceal carrying.

  5. Also, don’t flash that shiny “concealed carry badge” you bought online, either. Kinda goes hand-in-hand with the STFU part. 😉

    • LOL… my wife is a criminal defense lawyer. I remember well her sitting our kids down going all momma-lawyer on them around the topic of volunteering information to the police. She honestly says that about 90% of her job goes away if people just STFU.

  9. California does not have a Castle Doctrine law in the strict sense of the word. Rather, there is a presumption that anyone entering your home “by force” is intending you harm, thus justifying the use of force, including deadly force. In-home shootings thus require the prosecutor to prove beyond a reasonable doubt that you were not acting in lawful self defense when you shot someone inside your home or attempting to break into your home. There is civil immunity for suits by the BG under some circumstances. Section 847 of the Civil Code provides that in certain circumstances an owner of any estate or other interest in real property shall not be liable for injuries that occur upon the property during or after the injured person’s commission of any one of twenty-five felonies listed in the statute.

  11. I’m from Tulsa, The location (49th and lewis) is not one of my favorite hangout areas, that’s for sure. As loony as this guy seems – “good job” is all I have for him. He was certainly proud to talk about it – that’s for sure. Homeowners in Oklahoma are well protected by law for home invasions.

    Here in Oklahoma, we call this… “the make my day” law:
    http://answers.yahoo.com/question/index?qid=20090602103536AAe5Wih

    Despite this, I would not have been so vocal. I would have given a very brief and simple statement:
    “I own this home and live here. There was an intruder inside my home and I was fearful for my life and I shot him.”

    Any further questioning of me and I would only repeat the above. The cops around Tulsa are pretty pro gun, pro 2A, and pro shooting intruders, That said – I just don’t trust them and don’t know them, so the above would be my answer, and I’m sticking to it.

    • You should never admitting to shooting anyone…

      If you do go to trail in DGU, for whatever reason, if the weapon is not put into evidence properly it will become inadmissible. By admitting you shot someone the DA won’t need a weapon as evidence, if you hadn’t said anything, then it what gun, there was no gun.

      You pre thought out statement above is not S-ingTFU.

      I wouldn’t like to invoke my 4th, 5th, and 6th Amendment rights, please.

      That’s all you need to say, anything else your are putting yourself at risk

    • I’ll bet that if we ever see him on a video again he’ll be wearing a shirt emblazoned with his own image, maybe some exploding fireballs, and the words,”I didn’t even hesitate!!!”

  13. “On the other hand, Sweeny’s muy macho mea culpa gives ammunition to gun grabbers looking to promote the idea that firearms owners are, to a man, trigger-happy Clint Eastwood wanna-be’s. ”

    The antis don’t need and ammunition to promote what you say. They will either make it up or infer it from actions. Get off it and wake up. We either go on the offensive or get stepped on.
    As far as using the gun in self defense, let me relate to you a phrase that EVERY gun owner should keep in the back of his/her mind should the situation arise:
    “shoot, shovel, shut up”.

  14. Good shoot, but the guy didn’t seem too bright blabbing on to the news. The criminal probably thought that home was abandoned because of all of the overgrowth.

  15. “Tulsa DA will decide what if any charges will be filed”
    I think they both need lawyers. And if he dropped 6 shots on that guy and he survives he needs to learn how to aim.

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