Contact: State Rep. Kevin Calvey
Capitol: (405) 557-7370
Del City: (405) 677-1179
OKLAHOMA CITY- (January 23, 2006) – State Rep. Kevin Calvey officially filed legislation today that would provide Oklahomans the ability to protect themselves from perceived danger outside their homes.
House Bill 2615 closely resembles Florida’s recently passed "Stand Your Ground" law. Calvey’s bill would amend Oklahoma’s current "Make My Day" law to allow residents to use force, even deadly force, to protect themselves when they believe they are in danger in any place a person has a legal right to be, such as their office, supermarket or on the street.
The "Make My Day" law currently provides citizens the right to protect themselves inside their homes, but that right does not extend beyond the home.
"The culture of criminal activity is becoming more and more brazen," said Calvey, R-Del City. "The criminals are taking their activities onto the streets and into our cars and public areas. We can’t say that a person has a right self-defense in their homes, but deny them the right to protect themselves or their families anywhere else."
Calvey said there is some precedent within the state’s case law that allows a citizen to protect themselves outside the home, but believes that right needs to be written in state law to make it clearer. This bill clarifies the existing case laws by making them statutory.
HB 2615 would:
• authorize residents to use deadly force, if necessary, to defend themselves against attackers inside their homes or, in some cases, vehicles; • declare an individual does not need to retreat from danger and "has the right to stand his or her ground and meet force with force ... if force is necessary to prevent death, great bodily harm or the commission of a forcible felony;"
• and provide immunity from criminal prosecution or civil action for using justifiable deadly force.
"This bill is about protecting the rights of citizens to live and work without fear of facing prosecution if they defend themselves or their families in public," said Charles Smith, executive director for Oklahoma Rifle Association, the state’s National Rifle Association (NRA) affiliate. "With the recent trends in criminal activity, such as carjackings and workplace violence, it is vital that citizen’s feel they have the right to protect themselves and their families from thugs and criminals."