Illegal Use or Carrying of Weapons in Oklahoma – Law & Punishment

Crimes involving the illegal use or carrying of weapons in Oklahoma include Reckless Conduct; Unlawful Intent to Carry; Discharge Of Stun Gun, Tear Gas, Mace, Pepper Mace, or Other Deleterious Agent Against Officer; Use of Dangerous Weapon to Seize Bus or Assault or Batter a Bus Driver; Discharging Firearm or Hurling Missile at Bus; and Assault With Firearm Upon Emergency Medical Technician or Care Provider.

Reckless Conduct

reckless conduct gun defense lawyer oklahomaIt’s a violation of 21 O.S. § 1289.11 to engage in reckless conduct while having in your possession any shotgun, rifle, or pistol. Reckless conduct consists 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.

A violation of this law is a misdemeanor. The range of punishment in the county jail is ten days–six months. The range of fine is $50–$500.

Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have his or her license suspended for six months and will be subject to an administrative fine of $50. Prior to the suspension and fine, there must be a hearing and determination by the OSBI that the person violated this law.

Charged with Reckless Conduct in Oklahoma? Get a free case consultation.

Source: 21 O.S. § 1289.11 & 21 O.S. § 1289.15

Unlawful Intent to Carry

It’s a violation of 21 O.S. § 1278 to carry or wear any deadly weapon or dangerous instrument with the intent or for the avowed purpose of unlawfully injuring another person. The mere possession of such a weapon or dangerous instrument, without more, is not enough to establish the intent required by this law.

This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $5,000.

Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have their license permanently revoked and will be liable for an administrative fine of $1,000. There must first be a hearing and determination by the OSBI that the person violated this law.

Charged with Unlawful Intent to Carry in Oklahoma? Get a free case consultation.

Sources: 21 O.S. § 1278

Discharge of Stun Gun, Tear Gas, Mace, Pepper Mace, or Other Deleterious Agent Against Officer

It’s a violation of 21 O.S. § 1272.3 to knowingly discharge, or cause to be discharged, any electrical stun gun, tear gas weapon, mace, tear gas, pepper mace, or any similar deleterious agent against another person knowing the other person is a peace officer, corrections officer, probation or parole officer, firefighter, emergency medical technician, or paramedic who is acting in the course of official duty.

This crime is a felony. The maximum punishment in the Department of Corrections is ten years. The maximum punishment in the county jail is one year.

Charged with Discharge of Stun Gun, Tear Gas, Mace, Pepper Mace, or Other Deleterious Agent Against Officer in Oklahoma? Get a free case consultation.

Source: 21 O.S. § 1272.3

Use of Dangerous Weapon to Seize Bus or Assault or Batter a Bus Driver

It’s a violation of 21 O.S. § 1903 to seize or exercise control of any bus by force, violence, or threat of force or violence. This crime is a felony. The maximum punishment in the Department of Corrections is 20 years. The maximum fine is $20,000.

It’s also a violation of 21 O.S. § 1903 to intimidate, threaten, assault or batter any driver, attendant, guard, or passenger of any bus with intent to seize or exercise control of any bus by force, violence, or threat of force or violence. The maximum punishment in the Department of Corrections is ten years. The maximum fine is $5,000.

These crimes are felonies. The maximum punishment in the Department of Corrections is 20 years. The maximum fine is $20,000.

Charged with Use of Dangerous Weapon to Seize Bus or Assault or Batter a Bus Driver in Oklahoma? Get a free case consultation.

Source: 21 O.S. § 1903

Discharging Firearm or Hurling Missile at Bus

It’s a violation of 21 O.S. § 1903 to discharge any firearm into or within any bus, terminal, or other transportation facility, unless such action is determined to have been in defensive force resulting from reasonable fear of imminent peril of death or great bodily harm to oneself or another.

This crime is a felony. The maximum punishment in the Department of Corrections is five years. The maximum fine is $5,000.

Charged with Discharging Firearm or Hurling Missile at Bus in Oklahoma? Get a free case consultation.

Source: 21 O.S. § 1903

Assault With Firearm Upon Emergency Medical Technician or Care Provider

It’s a violation of 21 O.S. § 650.5 to commit any aggravated assault and battery or any assault with a firearm or other deadly weapon upon an emergency medical technician or other emergency medical care provider without justifiable or excusable cause and with intent to do bodily harm.

This crime is a felony. The maximum punishment in the Department of Corrections is one year. The maximum fine is $1,000.

Charged with Assault With Firearm Upon Emergency Medical Technician or Care Provider in Oklahoma? Get a free case consultation.

Source: 21 O.S. § 650.5

The illegal discharge of a firearm in Oklahoma can be either a misdemeanor or felony offense.

Misdemeanor Discharging Firearms

It’s a violation of 21 O.S. § 1364 to willfully discharge any pistol, rifle, shotgun, air-gun, or other weapon, or throw any other missile in any public place, or in any place where there is any person to be endangered thereby—regardless of whether anyone is injured.

This crime is a misdemeanor. The maximum punishment in the county jail is one year. The maximum fine is $500.

Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have their license suspended for six months and will be subject to an administrative fine of $50. This occurs after a hearing and determination by the OSBI that the person violated this law.

SOURCES: 21 O.S. § 1364 & 21 O.S. § 10

Felony Discharging Firearms

It’s a violation of 21 O.S. § 1289.17A 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.

This crime is a felony. The range of punishment in the Department of Corrections is 2–20 years. This law doesn’t apply to law enforcement officers in the performance of any lawful duty.

SOURCE: 21 O.S. § 1289.17A

Teaching, Demonstrating, Or Training In The Use Of Firearms, Explosives, Or Incendiary Devices In Furtherance Of Riot Or Civil Disorder In Oklahoma

It’s a violation of 21 O.S. § 1320.10 for someone, other than those specifically authorized by the state or federal government, to:

  • Teach or demonstrate to any group of people the use, application, or making of any firearm, explosive, or incendiary device or application of physical force capable of causing injury or death to a person knowing or intending that such firearm, explosive, or incendiary device or application of physical force will be employed for use in, or in furtherance of, a riot or civil disorder; or
  • Assemble with one or more people for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or incendiary device or application of physical force capable of causing injury or death to a person, intending to employ such firearm, explosive, or incendiary device or application of physical force for use in, or in furtherance of, a riot or civil disorder.

This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.

SOURCE: 21 O.S. § 1320.10 & 21 O.S. § 9

Assault And Battery With A Deadly Weapon

It’s a violation of 21 O.S. § 652 to commit any assault and battery upon another, including an unborn child, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempt to kill another, including an unborn child, or in resisting the execution of any legal process. The maximum punishment in the Department of Corrections is life.

SOURCES: 21 O.S. § 652 & 63 O.S. § 1-730

Shooting With Intent To Kill

It’s a violation of 21 O.S. § 652 to intentionally and wrongfully shoot another with, or discharge, any kind of firearm, with intent to kill any person, including an unborn child. This crime is a felony. The maximum punishment in the Department of Corrections is life.

SOURCES: 21 O.S. § 652 & 63 O.S. § 1-730

Drive-By Shooting

It’s a violation of 21 O.S. § 652 to use a vehicle to facilitate the intentional discharge of any kind of firearm, crossbow, or other weapon in conscious disregard for the safety of any other person, including an unborn child. This crime is a felony. The range of punishment in the Department of Corrections is two years–life.

SOURCES: 21 O.S. § 652 & 63 O.S. § 1-730

Robbery Or Attempted Robbery With Dangerous Weapon Or Imitation Firearm

It’s a violation of 21 O.S. § 801 to use any firearms or any other dangerous weapons (whether the firearm is loaded or not) or use a blank or imitation firearm (which is capable of raising in the mind of the one threatened with such device a fear that it is a real firearm) to rob or attempt to rob someone or rob or attempt to rob any place of business, residence, banking institution, or any other place inhabited or attended by someone at any time.

This crime is a felony. The range of punishment in the Department of Corrections is five years–life. Upon conviction of this crime, any person guilty of three separate and distinct felonies, in violation of this law, must be punished by a minimum of ten years in the Department of Corrections. The ten-year minimum sentence is mandatory. The sentence imposed upon such person can neither be reduced to less than ten calendar years nor suspended. No person may be eligible for probation or parole or receive any deduction from his or her sentence for good conduct until he or she has served ten calendar years of such sentence.

A dangerous weapon is any instrument that’s likely to produce death or great bodily harm in the manner it is used or attempted to be used. A deadly weapon is an instrument designed or constructed to cause death or great bodily injury. A pistol, revolver, dagger, bowie, dirk, switch-blade, spring-type knife, sword cane, knife having a blade that opens automatically, blackjack, loaded cane, billy, metal knuckles, and hand chain is a deadly weapon. SOURCE: 21 O.S. § 801 & OUJI-CR 4-28

Use of Firearm While Committing a Felony

It’s a violation of 21 O.S. § 1287 for any person to commit or attempt to commit a felony while possessing a(n):

Pistol, shotgun, rifle, or any other offensive weapon in such commission or attempt, whether the pistol, shotgun, or rifle is loaded or not;

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;

  • Airgun 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.

This will be a separate felony from the felony committed or attempted. The range of punishment in the Department of Corrections is two–ten years for a first offense. The range of punishment in the Department of Corrections for a second or subsequent offense is 10–30 years.

Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have their license permanently revoked and will be liable for an administrative fine of $1,000. There must first be a hearing and determination by the OSBI that the person violated this law.

“Altered toy pistol” means any toy weapon that has been altered from its original manufactured state to resemble a real weapon.

“Altered air pistol” means any air pistol manufactured to propel projectiles by air pressure that has been altered from its original manufactured state.

SOURCE: 21 O.S. § 1287

Pointing Firearms

Except for an act of self-defense, it’s a violation of 21 O.S. § 1289.16 to willfully or without lawful cause point a shotgun, rifle, pistol, or any deadly weapon (whether loaded or not) at anyone for the purpose of threatening, with the intention of discharging the firearm, with any malice, or for any purpose of injuring someone. The injury must be either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor, or prank, or in anger or otherwise. This doesn’t include the pointing of shotguns, rifles, or pistols by: law enforcement authorities in the performance of their duties; armed security guards licensed by the Council on Law Enforcement Education and Training pursuant to the Oklahoma Security Guard and Private Investigator Act in the performance of their duties; members of the state military forces in the performance of their duties; members of the federal military reserve and active military components in the performance of their duties; any federal government law enforcement officer in the performance of any duty; actors performing a play on stage, rodeo, television, or on film; someone defending any person; or someone defending their home or property.

This crime is a felony. The range of punishment in the Department of Corrections is one–ten years. Anyone who violates this law after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act will have their license revoked and will be subject to an administrative fine of $1,000. There must first be a hearing and determination by the OSBI that the person violated this law.

“Defensive force” includes, but is not limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop, or deter a forcible felony or attempted forcible felony.

SOURCES: 21 O.S. § 1289.16, 21 O.S. § 1289.25, & 21 O.S. § 1289.17

Pointing Weapons At Others

Except for an act of self-defense, it’s a violation of 21 O.S. § 1279 to point any pistol or any other deadly weapon (whether loaded or not) at somebody. This law differs from Pointing Firearms in that this law does not require a mental state. The act of pointing a firearm, alone, is sufficient to violate this law.

This crime is a misdemeanor, so it is not considered a “violent crime” in Oklahoma. The range of fine is $100–$1,000. The range of punishment in the county jail is 3–12 months.

Someone convicted of this crime after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act will have their handgun license permanently revoked and will be liable for an administrative fine of $50. There must first be a hearing and determination by the OSBI that the person violated this law.

SOURCES: 21 O.S. § 1279 & 21 O.S. § 1280

Current as of April 3, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with a gun crime in Oklahoma? Call Oklahoma firearms offense defense attorney Frank Urbanic in OKC for a free case consultation.

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