Who Can’t I Give A Gun To In Oklahoma?

Gun

It’s illegal to give firearms to felons, delinquents, youthful offenders, incompetent people, and intoxicated people. It’s illegal to give firearms to minors in certain circumstances.

Giving Firearms To Convicted Persons, Delinquents, & People Under The Influence

It’s a violation of 21 O.S. § 1289.12 to knowingly sell, trade, give, transmit, or otherwise cause the transfer of rifles, shotguns, or pistols to any convicted felon or an adjudicated delinquent. It’s also illegal to knowingly sell, trade, give, transmit, or otherwise cause the transfer of any shotgun, rifle, or pistol to any individual who is under the influence of alcohol or drugs or is mentally or emotionally unbalanced or disturbed. Anyone who engages in selling, trading, or otherwise transferring firearms must display this law prominently in full view at or near the point of normal firearms sale, trade, or transfer.

This crime is a misdemeanor. The range of punishment in the county jail is ten days to 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.

SOURCES: 21 O.S. § 1289.12 & 21 O.S. § 1289.15

Concealed Handgun License Holders Giving Pistol To Felons, Delinquents, Or Youthful Offenders

It’s a violation of 21 O.S. § 1283 for someone who was issued a handgun license pursuant to the Oklahoma Self- Defense Act to knowingly or intentionally allow a convicted felon, adjudicated delinquent, or youthful offender to possess or have control of any pistol authorized by the Oklahoma Self-Defense Act.

This crime is a felony. The range of punishment in the Department of Corrections is one to ten years. The maximum fine is $5,000. Additionally, the person’s handgun license will be revoked by the OSBI after a hearing and determination that the person has violated this law.

SOURCES: 21 O.S. § 1283 & 21 O.S. § 1284

Giving Firearms To Incompetent Persons

It’s a violation of 21 O.S. § 1289.10 to knowingly transmit, transfer, sell, lend, or furnish any shotgun, rifle, or pistol to any person who is under an adjudication of mental incompetency, mentally deficient, or of unsound mind.

This crime 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 a term of 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 is in violation of this law.

SOURCES: 21 O.S. § 1289.10 & 21 O.S. § 1289.15

Giving A Firearm To A Minor

It’s a violation of 21 O.S. § 1273 to sell or give to any child any pistol, revolver, shotgun or rifle (whether loaded or unloaded), blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon. However, there is no prohibition on a parent of a child, legal guardian of a child, or a person acting with the permission of the parent or legal guardian of the child from giving the child a firearm for participation in hunting animals or fowl, hunter safety classes, education and training in the safe use and handling of firearms, target shooting, skeet, trap, or other sporting events or competitions. It’s illegal for any parent or guardian to intentionally, knowingly, or recklessly permit his or her child to possess any of the arms or weapons previously mentioned if the parent is aware of a substantial risk that the child will use the weapon to commit a criminal offense or if the child has either been adjudicated a delinquent or has been convicted as an adult for any criminal offense that contains the threat or use of physical force against someone as an element.

Any person who sells, gives, or allows their child to possess any pistol, revolver, shotgun or rifle (whether loaded or unloaded), blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon will be liable for civil damages for any injury or death to any person and for any damage to property, per 23 O.S. § 10, resulting from any discharge of a firearm by the child or use of any other weapon that the person had given to the child or permitted the child to possess.

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

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 a period of six months and will be liable for an administrative fine of $50 upon a hearing and determination by the OSBI that the person is in violation of this section.

Any child violating this law is subject to adjudication as a delinquent. A “child” is a person under 18 years old.

SOURCES: 21 O.S. § 1273, 21 O.S. § 1272, 21 O.S. § 1276, & 23 O.S. § 10

For more information on Giving A Gun To Someone In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.