Oklahoma Gun Laws: Navigating the Fine Line Between Self-Defense and Felony Charges
While it’s a Second Amendment-friendly state, pointing a gun in Oklahoma isn’t something you can do frivolously. Absent a good reason, you may face misdemeanor or even felony charges. Additionally, the act of pointing a gun at another person in Oklahoma could overlap with other criminal charges such as assault, battery, or the use of a firearm in committing a felony.
If you have a legitimate claim to self-defense, you can avoid these charges. It’s important you know where the lines are drawn so you don’t end up facing serious consequences.
Felony Charges for Pointing a Gun in Oklahoma
Under Oklahoma law, pointing a firearm at another person with the intent to intimidate or threaten is considered a felony offense. The charge is known as feloniously pointing a firearm, and it is a violation of Okla. Stat. tit. 21 § 1289.16. This law applies to situations where the person knowingly or willfully points a gun or any other dangerous weapon at another person, whether the weapon is loaded or unloaded.
Pointing a firearm in Oklahoma is considered a felony regardless of whether the victim was injured or not. If the defendant is found guilty of this crime, he or she could face up to ten years in prison, a fine of up to $10,000, or both. Furthermore, if the crime is committed in the presence of a child, the penalty could be enhanced to include an additional term of imprisonment up to ten years.
Other Felony Crimes
As mentioned before, there are other felony charges you could be exposed to if you are accused of unlawfully brandishing a firearm.
These include:
Aggravated Assault
Attacking or trying to attack someone without a justifiable reason and with the intent to cause bodily harm is considered assault in Oklahoma. Pointing a firearm at someone could be charged as aggravated assault because it involves the presence of a weapon.
Conviction for aggravated assault in Oklahoma is punishable by imprisonment of up to ten (10) years in the State Penitentiary or by imprisonment in a county jail not exceeding one (1) year. Okla. Stat. tit. 21 O.S. § 645
Assault and Battery With a Dangerous Weapon
Threatening or actually inflicting bodily harm on someone without justifiable cause while using a weapon is considered assault and battery with a dangerous weapon in Oklahoma. If you are found guilty of this offense the punishment is up to ten (10) years in the State Penitentiary or imprisonment in the county jail of up to one (1) year. Okla. Stat. tit. 21 O.S. § 645
Reckless Conduct
You may be charged with reckless conduct if authorities find you created a “…situation of unreasonable risk and probability of death or great bodily harm to another…” Unlike the other offenses on this list, reckless conduct is considered a misdemeanor. The range of punishment for this offense ranges from ten days to six months in the county jail.
In addition, the Oklahoma legislature states: “Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.” Okla. Stat. tit. 21 § 21-1289.16
If you find yourself charged with this crime, contact an Oklahoma misdemeanor defense attorney.
Use of Firearm in Committing a Felony
This charge is typically brought against a person who uses or carries a firearm during the commission of a felony offense. The penalty for this crime upon first offense is imprisonment in the custody of the Department of Corrections for no less than two (2) years and not more than ten (10) years. Conviction for a subsequent offense yields a minimum period of ten (10) years imprisonment, possibly extending up to thirty (30) years or more. Okla. Stat. tit. 21 O.S. § 1287
It should be noted that the penalty for this crime stacks on top of whatever felony you are found guilty of committing.
Pointing a Gun in Self-Defense
The Oklahoma legislature recognizes the right to self-defense, which includes the possible use of a firearm.
To be able to claim self-defense for pointing a gun in Oklahoma, you’ll need to prove that:
- You were in reasonable fear of yourself or another suffering loss of life or great bodily harm;
- The person against whom you pointed your firearm was in the process of forcibly entering your home, church, place of business, or occupied vehicle.
If your pointing a gun in Oklahoma is proven to be self-defense, you will be immune from criminal prosecution. Okla. Stat. tit. 21 O.S. § 1289.25
Free Consultation with a Tulsa Defense Attorney
Being charged with an offense involving pointing or brandishing a weapon at someone is serious. Not only could you potentially face years or decades in prison, you may also be open to civil liability for any damages or injuries to the plaintiff. However, if you can prove that you were acting in self-defense and your actions were reasonable under the circumstances, you may be able to avoid criminal charges. The best way to do this is with the help of an experienced Oklahoma defense attorney.
A defense lawyer in Oklahoma will be familiar with Oklahoma laws surrounding the handling of firearms. He or she will also likely have a relationship with the judge and prosecutor assigned to your case, which can be important in influencing the overall outcome. To contract the services of an Oklahoma criminal defense lawyer, contact the Tulsa Criminal Defense Law Firm. You can reach us at (918) 256-3400 or use the contact form at the top of the site. Whatever method you choose, a defense lawyer in Tulsa will be in touch with you shortly.