Weapons Charges

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The Second (2nd) Amendment of the Constitution of the United States of America states: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

The States, including Oklahoma have created laws that limit the use and conduct associated with firearms. Theses laws exist with the sole purpose of keeping violence associated with firearms at a minimum.  However, these laws often infringe on the civil liberty that citizens have to possess, maintain, and use firearms. The laws in Oklahoma regarding firearms will not only infringe on a persons second Amendment right to bear arms but those laws can often cost a person their freedom. Oklahoma Gun laws are extremely strict. Below is a list of laws the State of Oklahoma has regarding firearms. This list is not exhaustive but is some of the most common laws people are charged with violating.

Convicted Felons: Title 21 §1283: “…it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.”

This law prohibits anyone convicted of a felony to ever be around a firearm. If convicted of this charge a person could face up to 10 years in prison. For example: if you were convicted of a felony DUI when you were 18 years old, and now in  your old age you reside with your child whom possession a handgun for protection in their house and your aware of it you can face up to 10 years in prison.

Use of Firearm While Committing a Felony: Title 21 §1287: Any person who, while committing or attempting to commit a felony, possesses a pistol, shotgun or rifle or any other offensive weapon in such commission or attempt, whether the pistol, shotgun or rifle is loaded or not, or who possesses a blank or imitation pistol, altered air or toy pistol, shotgun or rifle capable of raising in the mind of one threatened with such device a fear that it is a real pistol, shotgun or rifle, or who possesses an air gun or carbon dioxide or other gas-filled weapon, electronic dart gun, conductive energy weapon, knife, dagger, dirk, switchblade knife, blackjack, ax, loaded cane, billy, hand chain or metal knuckles, in addition to the penalty provided by statute for the felony committed or attempted, upon conviction shall be guilty of a felony for possessing such weapon or device, which shall be a separate offense from the felony committed or attempted and shall be punishable by imprisonment in the custody of the Department of Corrections for a period of not less than two (2) years nor for more than ten (10) years for the first offense, and for a period of not less than ten (10) years nor more than thirty (30) years for any second or subsequent offense.

A common example of this crime being charged is; You are charged with the possession of marijuana or another illicit drug or a felony DUI.  And you have in your possession any of the weapons listed above you can be charged with a subject charge of “possession of an offensive weapon while committing a felony.” While the predicate felony DUI may only carry 5 years the state can tack on another 10 years for having a weapon.

Firearms in Vehicles: Title 21 § 1289.7: Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section “open” means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.

Most people are aware they can legally transport a firearm. Transporting is simply traveling from point A to point B. The intent to actually transport the firearm is not necessary, but simply incidental movement is sufficient for a violation of the law. To legally transport a firearm the weapon must not be loaded.

Carrying a Weapon Under the Influence of Alcohol: Title 21 § 1289.9: It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.

Another common statute the State will charge citizens under because people often forget they may have the firearm in their possession after taking any substance which can effect the mental or physical behavior of the person.

Felony Pointing a Firearm: Title 21 § 1289.16: It shall be unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor or prank, or in anger or otherwise…

Reckless Conduct: Title 21 §1289.11:It shall be unlawful for any person to engage in reckless conduct while having in his or her possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person.

This list of Weapon offenses in Oklahoma is by no means an exhaustive list of the laws regarding firearms in Oklahoma. This is a list of common weapon related charges citizens face. These charges are often levied against a person because a simple misunderstanding. Each of the charges listed plus many more carry jail time. It is also more common than not that any firearm that is the subject of the charge is ordered forfeited by the State. A strong legal defense can keep you out of jail and retain your property. If you are facing any type of weapons related charge Call the Bayat Law Firm to schedule your free consultation.