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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2532 By: Humphrey
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1289.25, which relates to the use of physical
or deadly force; adding definition; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, 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 r ight to expect absolute safety within
their own homes, 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.
B. A person, regardless of official capacity or lack of
official capacity, wi thin a place of worship or a person, an o wner,
manager or employee of a business is presumed to have held a
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reasonable fear of imminent peril of death or great bodily harm to
himself or herself or another when using defensive force th at is
intended or likely to cause death or great bodily harm to another
if:
1. a. The 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, plac e of
business or place of worship, or if that person had
removed or was attempt ing to remove another against
the will of that person from the dwelling, residence,
occupied vehicle, place of business or place of
worship., or
b. The the person who uses defensive for ce 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 t he defensive force was used
entered or was attempti ng to enter into a dwelling, residence,
occupied vehicle, place of business or place of worship for the
purpose of committing a forcible felony, as define d in Section 733
of this title, and that the defens ive force was necessar y to prevent
the commission of the forcible felony.
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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 residen t of the dwelling, res idence,
or vehicle, such as a n owner, lessee, or titleholder, and there is
not a protective order from domestic violence in effect or a written
pretrial supervision order of no contac t against that person;
2. The person or persons so ught to be removed are children or
grandchildren, or are otherwise in the lawful custody or u nder the
lawful guardianship of, the person against whom the defensive force
is used; or
3. The person who uses defensive force is engaged in an
unlawful activity or is using the dwell ing, residence, occupied
vehicle, 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 h is 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 pr event 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,
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place of business or place of w orship is presumed to be doing so
with the intent to commit an unlawful a ct involving force or
violence.
F. A person who uses defensive force, as permitted pursuant to
the provisions of subsections A, B, 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 defensiv e 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 d efensive force, but th e 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, co urt 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 b e 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 perpe trator 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 p erpetrator in self-defense or in order to
thwart, stop or deter a forci ble felony or attempted forcible
felony;
2. "Dwelling" means a building or conveyance of any kind,
including any attached porch, whether the building or conveyanc e is
temporary or permanent, mobile or immobile, wh ich has a roof over
it, including a tent, and is designed to be occupied by people;
3. "Person" means every natural person, including peace
officers;
4. "Place of worship" means:
a. any permanent buildin g, structure, facility or office
space owned, leased, rented or borrowed, on a full -
time 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, facilit y or office
space owned, leased, rente d or borrowed for use on a
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temporary basis, when used for worship services,
activities and business of the congregat ion including,
but not limited to, churches, temple s, synagogues and
mosques;
4. 5. "Residence" means a dwelling in which a person resides
either temporarily or permanently or is visiting as an invited
guest; and
5. 6. "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, 2023.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 02/16/2023 - DO PASS.