Oklahoma is a strong state for Second Amendment rights. However, as amenable as the Sooner State is to lawful gun owners, it comes down hard on individuals who disregard firearms or weapons laws, or use them in the commission of a crime.
We Provide Skilled Defense Representation for Oklahoma Firearms and Weapons Cases
At Berlin Law Firm, we help clients facing weapons or firearms charges protect their rights (including gun rights), their freedom, and their future. Many of our clients are charged as an add-on to a sex crimes or domestic violence case—similar to how kidnapping is a frequent add-on and not a standalone charge. Attorney Lee Berlin is known for his ability to handle cases that involve elements of coercive control in intimate partner relationships and will fight to ensure that you’re allowed to tell your side of the story.
Here are some of the firearms and weapons charges our firm handles, as well as the penalties you could face if convicted.
Felony Discharge of a Firearm
This serious offense is outlined in 21 OK Stat § 21-1289.17A:
It shall be unlawful for any person to willfully or intentionally discharge any firearm or other deadly weapon at or into any dwelling, or at or into any building used for public or business purposes. Any violation of the provisions of this section shall be a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor more than twenty (20) years. The provisions of this section shall not apply to any law enforcement officer in the performance of any lawful duty.
Possession of a Firearm After a Former Felony Conviction
If you've been convicted of a felony offense anywhere in the country, possessing a firearm in Oklahoma is a felony that carries up to 10 years in prison. However, this charge doesn't just apply to dangerous or deadly firearms on your person or “under your immediate control.” You could also face this charge if there was a firearm in any vehicle you were operating or riding in as a passenger, or at the residence where you live. This offense is described in detail in 21 OK Stat § 21-1283.
Felony Pointing a Deadly Weapon
Pointing a firearm or any deadly weapon at another person for a reason other than defense is a felony in Oklahoma, punishable by up to 10 years in prison and loss of your firearms license. Under the law, it doesn't matter whether the firearm was loaded, or if the action was malicious or a prank. See 21 OK Stat § 21-1289.16 for details.
Reckless Handling of a Firearm
Oklahoma prohibits engaging in reckless conduct with a firearm that creates unreasonable risk and probability of death or great bodily harm to another and demonstrates a conscious disregard for another person's safety. This misdemeanor offense carries the potential for steep fines and up to six months in county jail.
Carrying a Firearm Under the Influence
As outlined in 21 OK Stat § 21-1289.9, it is against the law for anyone to carry a firearm under the influence of alcohol or drugs, including over-the-counter or prescription drugs that affect mental, emotional, or physical processes to a degree that could result in abnormal behavior. A misdemeanor, this charge is punishable by fines and up to six months in county jail.
Possession of a Firearm With the Serial Number Removed
It's a misdemeanor offense to buy, receive, possess, sell, or dispose of a firearm knowing that the serial number on the firearm has been altered, falsified, or removed. Upon conviction, this charge carries fines of up $1,000 or up to one year in county jail. This offense is outlined in 21 OK Stat § 21-1550.
Possession of a Sawed-Off Shotgun or Sawed-Off Rifle
Under 21 OK Stat § 21-1289.18, a sawed-off shotgun is defined as “any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion.” A sawed-off rifle is defined as “any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.”
Possession of a sawed-off shotgun or sawed-off rifle is a felony offense punishable by a fine of up to $1,000, up to two years in prison, or both. The charge is the same, regardless of whether the sawed-off firearm was concealed.
Possession of a Firearm on School Property
Possession of a firearm on any public or private school property (excluding colleges or universities) or while in any school bus or vehicle used by any school for transportation of students or teachers is a felony that carries fines of up to $5,000 and up to two years in prison. This offense is described in detail in 21 OK Stat § 21-1280.1.
Use of a Firearm While Committing a Felony
Under 21 OK Stat § 21-1287, using any kind of firearm or offensive weapon during the commission or attempted commission of a felony is a separate felony offense punishable by up to 10 years in prison for the first offense, and up to 30 years for a second or subsequent offense.
Protecting Your Rights and Freedom
Oklahoma applies serious penalties for firearms and weapons offenses. In addition to the punishments described above, if you have a handgun license under the Oklahoma Self-Defense Act, you could face even harsher fines and have your license suspended or revoked.
Don't lose risk losing your gun rights or your freedom. We can help you avoid making a mistake that can damage your case, such as agreeing to speak to the police without a lawyer present. We also encourage you to request a free copy of our report, Top 9 Questions You Absolutely, Positively, Must Ask a Lawyer, to learn what to look for when hiring legal counsel.
Have You Been Charged With a Firearms or Weapons Charge in the Tulsa, OK Area?
If you or a loved one has been charged with a firearms or weapons charge in the Tulsa, Oklahoma area you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call 913.384.0850 for your free consultation. We are proud to serve Tulsa and all surrounding areas.