Oklahoma Night Terrors: Defending Against Criminal Mischief

The following is a video transcript.

This is Robert Robles, Independent Program Attorney for U.S. LawShield in the State of Oklahoma. I’d like to talk to you about Halloween night or Mischief Night, as it’s sometimes called in the northeast part of the country. Can you defend your house, car, your land, any of your decorations, and property from the negative pranks played by trick-or-treaters?

Yes, you can use reasonable force and yes, you can use deadly force. However, you can only use deadly force if your home, which is occupied by you, or your car, which is occupied by you, is attacked in a way to set it on fire. This is called arson. If you are on your occupied front yard and you see your pumpkins being smashed, your windows being broken, things like that, your car being vandalized, your trees being vandalized, you can only use reasonable force to defend your property in those instances.

Now, then, let’s move on to what is reasonable force. Reasonable force is less than deadly force, depending on the circumstances. You could use your fists or your voice. You could throw missiles, rocks, or projectiles, as long as it’s not a deadly force situation like a spear or a knife. You could use deadly force in very limited situations, such as a firearm, and it is defined as calculated to cause death or serious bodily injury. In that instance, you may use deadly force only when your life is threatened, or when your occupied home or your occupied vehicle is being attacked.

Carrying while trick-or-treating personally or accompanying a trick-or-treater is allowed in the state of Oklahoma when you have a concealed carry license. There are exceptions for not having a concealed carry license in the state of Oklahoma, which would be if you’re in the military, or if you have a driver’s license from another state that allows constitutional carry such as Kansas, Missouri, Vermont. The list is about 20-some odd states long. Otherwise, you need to have a concealed carry license while carrying.

There is an exception that if you’re on your own private land, you can carry a firearm without a license.

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