Prohibited Ammunition in Oklahoma – Law & Punishment

Possession of a Prohibited Weapon

prohibited weapon possession defense lawyer oklahomaIt’s a violation of 21 O.S. § 1290.6 to carry any concealed or unconcealed handgun in a manner authorized by the Oklahoma Self-Defense Act when the handgun is loaded with any ammunition that is either a restricted bullet, is larger than .45 caliber, or is otherwise prohibited by law. Any weapon carried in this manner is deemed a prohibited weapon for purposes of the Oklahoma Self- Defense Act.

This crime is a misdemeanor. The maximum punishment in the county jail is 30 days. The range of fine for a first offense is $100–$250. On the second and subsequent violations, the range of punishment in the county jail is 30 days–3 months, and the range of fine is $250–$500.

In addition to any criminal prosecution for a violation of this law, the licensee will be subject to an administrative fine of $500. This occurs after a hearing and determination by the OSBI that the licensee violated this law.

Charged with Possession of a Prohibited Weapon in Oklahoma? Get a free case consultation.

Sources: 21 O.S. § 1290.6, 21 O.S § 1272, & 21 O.S § 1276

Possession or Use of Restricted Bullets

It’s a violation of 21 O.S. § 1289.21 to possess, carry upon one’s person, use, or attempt to use against another person any restricted bullet.

A “restricted bullet” is a round or elongated missile with a score of less than 60% lead and having a fluorocarbon coating that is designed to travel at a high velocity and is capable of penetrating body armor.

This crime is a felony. The range of punishment in the Department of Corrections is two–ten years. The sentence may not be suspended.

Charged with Possession or Use of Restricted Bullets in Oklahoma? Get a free case consultation.

Sources: 21 O.S. § 1289.21 & 21 O.S. § 1289.19

Manufacture of Restricted Bullets

It’s a violation of 21 O.S. § 1289.20 to manufacture, cause to be manufactured, import, advertise for sale, or sell within Oklahoma any restricted bullet unless it’s for the purpose of public safety or national security.

This crime is a felony. The maximum punishment in the Department of Corrections is ten years. The range of fine is $500–$10,000.

Charged with Manufacture of Restricted Bullets in Oklahoma? Get a free case consultation.

Sources: 21 O.S. § 1289.20 & 21 O.S. § 1289.19

Removing or Defacing the Serial or Identification Number of a Firearm

It’s a violation of 21 O.S. § 1550 to remove, deface, alter, obliterate, or mutilate the factory serial number or identification number of a firearm, or participate in that activity.

This crime is a misdemeanor. The maximum punishment in the county jail is one year. The maximum fine is $1,000.

Upon conviction, the court clerk, sheriff, peace officer, or other person having custody of the firearm must immediately deliver the firearm to the Commissioner of Public Safety, who will preserve the firearm pending an order of the court. If a finding is made at the conclusion of a trial or proceeding for a violation of this law that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated, or mutilated, then the court must issue a written order to the Commissioner of Public Safety for destruction of the firearm—unless the defendant files a timely motion to preserve the firearm pending appeal. If a finding is made at the conclusion of the appeal that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated, or mutilated, then the Court of Criminal Appeals or the trial court must issue a written order to the Commissioner for destruction of the firearm.

Source: 21 O.S. § 1550

Possessing Firearm With Removed or Defaced Serial or Identification Number During the Commission of a Felony

It’s a violation of 21 O.S. § 1550 to possess or control a firearm that’s had its factory serial number or identification number removed, defaced, altered, obliterated, or mutilated in any manner while in the commission or attempted commission of a felony.

This crime is a felony. The range of punishment in the Department of Corrections is two–five years. The range of fine is $1,000–$10,000.

Upon conviction, the court clerk, sheriff, peace officer, or other person having custody of the firearm must immediately deliver the firearm to the Commissioner of Public Safety, who will preserve the firearm pending an order of the court. If a finding is made at the conclusion of a trial or proceeding for a violation of this law that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated, or mutilated, then the court must issue a written order to the Commissioner of Public Safety for destruction of the firearm—unless the defendant files a timely motion to preserve the firearm pending appeal. If a finding is made at the conclusion of the appeal that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated, or mutilated, then the Court of Criminal Appeals or the trial court must issue a written order to the Commissioner for destruction of the firearm.

Source: 21 O.S. § 1550

Use of Body Armor

It’s a violation of 21 O.S. § 1289.26 to commit or attempt to commit a felony while wearing body armor. This will be a separate offense from the felony committed or attempted.

This crime is a felony. The maximum punishment in the Department of Corrections for the first offense is three years. The maximum punishment in the Department of Corrections for the second offense is ten years. The maximum punishment in the Department of Corrections for the third and subsequent offenses is 20 years.

“Body armor” means a vest or shirt of ten plies or more of bullet resistant material as defined by the Office of Development, Testing and Dissemination, a division of the United States Department of Justice.

Sources: 21 O.S. § 1289.26 & 21 O.S. § 1289.19

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 possession of a prohibited weapon or restricted bullets in Oklahoma? Call Oklahoma gun attorney Frank Urbanic in OKC for a free case consultation.

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