The law should not penalize people who realize that they do not need to shoot in a defensive situation. The current law is an incentive to turn a dangerous situation into a deadly one. SB 40 changes that in Oklahoma. From the bill text:
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.In an article about the bill, Oklahoma Representative Bobby Cleveland makes the case. From americanow.com:
A newly proposed Oklahoma state law, formally known as Senate Bill 40, could make it legal for people to brandish guns in an act of self-defense.Representative Cleveland is showing the absurdity of that advise.
As they currently stand, state laws forbid the deliberate exposure of firearms except in instances of deadly force, according to Tulsa World.
"When you go and get your (concealed carry) license, that instructor tells you that you don't bring your gun out, you don't show your gun, you don't intimidate somebody with your gun," said Slaughterville Representative Bobby Cleveland.
"If you bring it out, you have to shoot."
What about the numerous cases where people draw guns, and the perpetrator flees? Should the defender shoot at the fleeing felon? We did away with those laws long ago.
What about a defender who is menaced with a knife, or a club, or a mob threatening to kill them? Must they shoot? No, it would be irresponsible to shoot once the menace has stopped being a threat.
The bill is all about defensive display of weapons. It should be the law in every state.
It is simple common sense.
Requiring someone to shoot when they draw a gun is a deadly legislative mistake.
SB 40 passed the Oklahoma Senate, 36-5. It passed the Oklahoma House 82-8. It still needs a procedural vote in the Senate, then it will go to Governor Mary Fallin. It seems likely to be signed into law.