Protecting my pet with a firearm, is it legal?
Pets are beloved family members too. Right!
So we say. But what does the law say?
Pets do not fall into the category of "Defense of Others"; instead, they fall into the category of "Defense of Property" (please, do not shoot the messenger).
There are two types of "Defense Of Property".
1) Highly Defensible Property
You are protecting human life inside the property, not the actual property.
(Occupied home, occupied vehicle).
Example: Your vehicle is being stolen, AND you elderly mom is in the back seat, AND you
reasonably believe her life is in imminent danger of death or great bodily harm. Use of
deadly force is lawful.
2) Least Defensible Property
Property or possessions that do not shelter human life.
The law defines a pet as property.
Example: Your vehicle is being stolen, AND there are no people in the vehicle. Use of
deadly force is unlawful. Only non-deadly force may be used like pepper spray, taser, etc.
Please note, Texas is the only state with the lawful use of deadly force to protect property,
with conditions, but is beyond the scope of this post.
Oklahoma Least Defensible Property Law
OUSI-Cr-8-16 Use of Non Deadly force in Defense of Property
A person is justified in using non deadly force in preventing or attempting to prevent a trespass or other unlawful act with real or personal property in their lawful possession....
Conclusion:
Using a firearm to protect your pet is illegal. Avoid potentially sever criminal charges by being prepared with non deadly options.
With that being said, if you are with your pet and reasonably believe your life or others are in imminent danger of death or great bodily harm, then use of deadly force may be lawful.
Display of defensive force
The Second Amendment is about the right to defend yourself from deadly attack. Self-Defense.
You must be able to articulate a reasonable belief that your life was in imminent danger of death or great bodily harm.
Pointing, or brandishing a firearm, loaded or unloaded, in a threatening manner and not for the sole purpose of self defense is illegal.
State laws vary; this is what Oklahoma laws spell out.
Title 21 O.S.1279 &1289. Content Summarized
Except for an act of self-defense, it is unlawful to point a firearm, loaded or unloaded, at a person for the purpose of intimidating, threatening, whimsy, humor, prank, anger or otherwise.
Example: You are just walking out of Quick Trip when someone approaches you asking for money. As scary as they may seem, unless you reasonably believe you are in imminent danger of death or great bodily harm, it is unlawful to show them your firearm holstered to your hip.
You could be charged with aggravated assault. A possible jail time of up to 10 years.
Title 21 O.S. 1289.2 Defensive force, pointing a firearm for the purpose of self-defense in order to thwart, deter, stop or attempt to stop a forcible felony shall not be guilty of a criminal act.
Conclusion:
If it is legal to pull the trigger for self-defense, then it is legal to show defensive force.