Oklahoma Governor Mary Fallin has signed into law a bill which will expand “Stand Your Ground” to Churches and other Houses of Worship effective November 1, 2018.
An Act
ENROLLED HOUSE
BILL NO. 2632 By: Babinec, Ritze, Montgomery, Humphrey, Roberts (Sean), Faught and Downing of the House and Bergstrom and Pittman of
the Senate
An Act relating to firearms; amending 21 O.S. 2011,
Section 1289.25, as amended by Section 2, Chapter
266, O.S.L. 2017 (21 O.S. Supp. 2017, Section
1289.25), which relates to the use of deadly force;
expanding right to use deadly force at certain
places; defining term; and providing an effective
date.
SUBJECT: Firearms
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.25, as
amended by Section 2, Chapter 266, O.S.L. 2017 (21 O.S. Supp. 2017,
Section 1289.25), is amended to read as follows:
Section 1289.25
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A. 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 or places of worship and have
the right to establish policies regarding the possession of weapons
on property pursuant to the provisions of Section 1290.22 of this
title.
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B. A person, regardless of official capacity or lack of
official capacity, within a place of worship or a person, an 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:
1. a. 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 place of worship, 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 or place
of worship.
2. b. 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; or
2. The person who uses defensive force knew or had a reasonable
belief that the person against whom the defensive force was used
entered or was attempting to enter into a dwelling, residence,
occupied vehicle, place of business or place of worship for the
purpose of committing a forcible felony, as defined in Section 733
of this title, and that the defensive force was necessary to prevent
the commission of the forcible felony.
C. The presumption set forth in subsection B of this section
does not apply if:
1. 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;
2. 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
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3. The person who uses defensive force is engaged in an
unlawful activity or is using the dwelling, residence, occupied
vehicle, or place of business or place of worship to further an
unlawful activity.
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, occupied vehicle of another person,
or a place of business or place of worship is presumed to be doing
so with the intent to commit an unlawful act involving force or
violence.
F. A person who uses defensive force, as permitted pursuant to
the provisions of subsections A, B, and D and E of this section, is
justified in using such defensive force and is immune from criminal
prosecution and civil action for the use of such defensive force.
As used in this subsection, the term “criminal prosecution” includes
charging or prosecuting the defendant.
G. A law enforcement agency may use standard procedures for
investigating the use of defensive force, but the law enforcement
agency may not arrest the person for using defensive force unless it
determines that there is probable cause that the defensive force
that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any civil action brought by a plaintiff if
the court finds that the defendant is immune from prosecution as
provided in subsection F of this section.
I. The provisions of this section and the provisions of the
Oklahoma Self-Defense Act shall not be construed to require any
person using a weapon pursuant to the provisions of this section to
be licensed in any manner.
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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;
2. “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;
3. “Place of worship” means:
a. any permanent building, structure, facility or office
space owned, leased, rented or borrowed, on a fulltime
basis, when used for worship services, activities
and business of the congregation, which may include,
but not be limited to, churches, temples, synagogues
and mosques, and
b. any permanent building, structure, facility or office
space owned, leased, rented or borrowed for use on a
temporary basis, when used for worship services,
activities and business of the congregation including,
but not limited to, churches, temples, synagogues and
mosques;
4. “Residence” means a dwelling in which a person resides
either temporarily or permanently or is visiting as an invited
guest; and
4. 5. “Vehicle” means a conveyance of any kind, whether or not
motorized, which is designed to transport people or property.
SECTION 2. This act shall become effective November 1, 2018.
ENR. H. B. NO. 2632 Page 5
Passed the House of Representatives the 30th day of April, 2018.