OREGON LAW SAYS…
YOU HAVE A BASIC RIGHT TO DEFEND YOURSELF AGAINST ATTACK!!
There is no law in this land that says you have to stand by and allow someone to assault, stab or shoot you. Oregon law does allow you to defend yourself, or a third person, from an unlawful attack. It’s important that we have an understanding though of what Oregon law says.
The statute in the box to the right describes when a person can use physical force to defend themselves. The law says that the person must reasonably believe the attack is either happening or imminently going to happen.
It’s important that we understand that a reasonable belief is something where another person seeing, hearing and feeling (aka perceiving) the same facts and circumstances would be likely to come to the same conclusion.
Imagine a man or woman that is approximately the same size and body build as you are. You are both walking down the street towards each other, but as you draw to within 15 feet of each other, the other person fixes you in a stare, turns their body slightly from you, raises their hands above their waist and clenches them into fists. They then begin to take short choppy steps towards you while saying that they are going to “mess you up”. Does it seem reasonable to you that the person is going to attack you, if you don’t do something?
Now we get to the second part of ORS 161.209 where it says that “the person may use a degree of force which the person reasonably believes is necessary for that purpose.” Using the illustration above, what would be a reasonable amount of force for you to use to defend yourself? We know that because you are of similar size and build you would not likely be justified to shoot the person, but would it be reasonable to use pepper spray? What about a kick, or even a punch?
ORS 161.215 defines the limitations on the use of physical force in defense of a person.
Simply put:
If a person picks a fight with someone, or provokes a person into a fight, they cannot say they were defending themselves.
-OR-
If a person initially attacks someone, but then decides to stop the attack and communicates (verbally or physically) that they are stopping the attack, and the original person who was attacked continues in the fight, then the person who was the original victim becomes the aggressor.
-OR-
Two people have agreed to a martial art sparring session, but someone steps in and uses force to stop them. The person who intervened did not have the right to do so because it was a combat by agreement.
Understanding use of force can be difficult. Please consult with a competent legal professional if you have questions about the legal implications of using physical force to defend yourself or a third party.
Source: Multnomah County Sheriff’s Office CHL Prep. chlprep.mcso.us/chlprep/
Firearm Safety Team (FST) 