Weapons Charges in Oklahoma

Learn about Oklahoma’s laws on illegal possession and use of guns and other weapons.

Although Oklahoma is known as a gun-friendly state, it does restrict certain people from possessing or carrying firearms and other dangerous weapons. And for anyone else, the penalties for using weapons illegally can be quite stiff. Read on for details.

Illegal Possession of Weapons: Children, Felons, and Undocumented Immigrants

It’s illegal in Oklahoma for children (under age 18) to possess guns or other offensive weapons, unless they’re hunting and participating in training, target shooting, or similar sporting events. Children who violate this law will face delinquency proceedings in juvenile court. Adults who provide guns to minors (other than parents who allow their kids to have guns for legal purposes) could face misdemeanor charges, punishable by fines of $100 to $250 for a first offense.

People who’ve been convicted of felonies, or juvenile offenses that would have been felonies for adults, may not have any handguns or other dangerous firearms—including sawed-off shotguns, imitation pistols, and toy pistols that have been altered to look like a real weapons—unless they’ve had their gun rights restored after being pardoned for a nonviolent crime. A violation of this prohibition is itself a felony, punishable by one to 10 years in prison. (Okla. Stat. tit. 21, §§ 1273, 1276, 1284 (2019); 2019 Okla. Sess. Law Ch. 1 (H.B. 2597).)

In addition, Oklahoma’s gun carry laws prohibit carrying guns in certain places and circumstances, and they bar people convicted of some other crimes from carrying guns on or near their bodies.

Illegal Use of Weapons

Oklahoma law spells out various illegal uses of weapons, including:

  • Pointing a deadly weapon at someone, except in self-defense. The crime is a misdemeanor (punishable by three to 12 months in jail and/or a fine of $100 to $1,000), but it becomes a felony (punishable by one to 10 years in prison) if you did it to threaten, intimidate, or hurt someone—or even if you pointed the gun as a prank.
  • Engaging in any reckless conduct while you have a handgun, shotgun, or pistol, if your actions risk injuring someone seriously and show that you don’t care about their safety. The penalty is 10 days to six months in prison and/or a fine of $50 to $500.
  • Carrying any deadly weapon or dangerous instrument for the purpose of hurting someone illegally (that is, not to defend yourself, someone else, or your property). The crime is a felony, punishable by up to two years in prison and/or a fine of up to $5,000.
  • Firing a stun gun or Taser, tear gas, or mace at an on-duty law enforcement officer, firefighter, or first responder (a felony, punishable by one to 10 years).
  • Firing a firearm or other deadly weapon in or at a residence or any building used for public or business purposes (a felony, punishable by two to 20 years in prison).
  • Using a firearm or other offensive weapon (including an imitation or toy gun that looks real) while committing or trying to commit a felony. This is charged as a separate felony from the underlying crime, punishable by two to 10 years in prison for a first offense.
  • Firing a gun while committing or trying to commit a violent crime (a separate felony, punishable by at least 10 years in prison)

(Okla. Stat. tit. 21, §§ 643, 1272.3, 1278, 1279, 1280, 1287, 1287.1, 1289.11, 1289.15, 1289.16, 1289.17, 1289.17A (2019).)

Legal Help for Weapons Charges in Oklahoma

As you can see, a criminal conviction for some weapons violations—especially using a gun illegally— can have serious consequences. You should speak with a lawyer as soon as possible if you’ve been charged with a gun-related crime. An experienced criminal defense attorney can help protect your rights and put up the strongest defense possible.

Changes in the Law

States can change their laws any time, but you can check the current Oklahoma statutes using this search tool. Court decisions may also affect how laws are applied and interpreted—another good reason to speak with a lawyer if you’re concerned about actual or potential weapons charges.

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