16-05-2025
New Oklahoma law changes how guns can be used to protect property: What 'defensive display' means
Oklahomans can now legally point a firearm or other weapon at someone if they are defending their home, private property or business under a new law signed by Gov. Kevin Stitt.
Existing state law allows people to point weapons in self defense, but House Bill 2818 expands the justified "defensive display of a firearm or other deadly weapon" to include defense of property.
The new law took effect immediately after Stitt signed it on Thursday, May 16.
During debate on the House floor, Democratic lawmakers questioned the law's author, state Rep. Jay Steagall, on responsibilities of a gun owner and whether Oklahoma youths would interpret the law to allow flashing a weapon as an acceptable response to fear of confrontation.
Steagall replied that the bill still penalizes those who point a firearm "for purposes of whimsy, humor, or prank, or in anger."
"We don't have any control over the way someone else perceives something. There's not a way for me to legislate that," Steagall said during a presentation in March. "But what we can do is provide a clear definition of what's lawful and what's not lawful when it comes to the display or the pointing of a firearm."
More: Bill allowing firearms in municipal buildings in certain situations heads to Stitt's desk
According to the new law, defensive display of a firearm includes the following:
Verbally informing another person that you possess a firearm or have one available – "I've got a gun"
Exposing or displaying the weapon in a manner where a reasonable person would understand that it's meant to protect against unlawful force
Placing your hand on a firearm while it's "in a pocket, purse, holster, sling scabbard, case or other means of containment or transport
This is the latest law to expand gun rights in Oklahoma, a state known for its permissive rules on the ownership, carrying and use of firearms. Another proposed law recently sent to the governor's desk for his approval would allow elected municipal officials and judges with a valid firearm license to carry concealed guns in buildings leased or owned by their city, if a policy is approved by the city council.
In the United States, most states follow some version of the Castle Doctrine, which allows the use of deadly force in self defense. According to an analysis by FindLaw, however, state laws vary when it comes to which locations or specific situations allow someone to claim their use of force was justified.
The National Conference of State Legislatures notes that Oklahoma is one of 28 states where the person claiming self defense has no duty to attempt retreat before firing their weapon. It's also one of just 10 states that allow that person to "stand their ground."
In 2019, Stitt signed legislation on the "constitutional carry" of handguns. The measure loosened the state's gun laws, allowing most adults to carry a loaded, concealed firearm without a permit.
After that law went into effect, the average number of gun deaths per month increased nearly 20% compared to the 10 years before the new law went into effect, a period in which the population grew just over 6%, according to a 2022 analysis by The Oklahoman.
This article originally appeared on Oklahoman: New law HB 2818 lets Oklahomans point guns to protect property
