Kansas City, MO asked in Criminal Law and Civil Rights for Oklahoma

Q: Am I allowed to shoot a protester

If I’m driving and come across a group of protesters who then decide to start trying to bust out my car windows and pull me or a family member from the car. Can I then use lethal force to defend my property and self and family?

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2 Lawyer Answers
Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: As a general rule you cannot use deadly force unless you are in fear of imminent harm to your safety or the safety of one of your family members typically. If you have an opportunity to flee or avoid the dangerous situation, you are required to do so as long as you can do it safely. You can’t bring a gun to a fistfight essentially. If you were truly and reasonably in fear for your life or the life of a family member when being pulled out of the car, then I suspect that deadly force could possibly be justified.

Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: The more important issue is that even if you were justified in discharging your firearm in the protection of you or your family under "Stand Your Ground" statues, or self-defense, it is something you would have to deal with in the courts. This means potentially being arrested, booked, bond (if you can afford it), and potentially a trial. I guess my point is to avoid areas where you might come in contact with this type of situation and only use force if you feel you have no other options and you or your family are in imminent threat of death or great bodily harm.

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