Can shoot someone who is illegally trespassing on my property if he or she has threatend myself or my family and/or is a violent felon?

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Can shoot someone who is illegally trespassing on my property if he or she has threatend myself or my family and/or is a violent felon?

My property is posted with no trespassing signs.

Asked on October 26, 2015 under Criminal Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you may not--not unless the threat is clear and imminet, such as the person is confronting you while armed and either pointing the gun at you, drawing the gun, and/or clearly stating or otherwise indicating that they are about to shoot you or another. The law only allows deadly force to be used if your life or the lives of other people are in danger *right then*--if the threat is more distant, then the proper response (what you should be doing) is to contact the police and file a police report. 


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