Tag: firearm

Misdemeanors Removed From DNA Fee – 2017 Oklahoma Laws #30

oklahoma dnaSomeone arrested in Oklahoma for unlawfully carrying a firearm, illegally transporting a firearm, or discharging a firearm no longer has to pay the $150 DNA fee, does not have to provide a DNA sample, and will not have their DNA information entered into CODIS. This fee won’t be collected if the person has a valid DNA sample in the OSBI DNA Offender Database at the time of sentencing. Additionally, individuals convicted of those crimes no longer have to provide a blood or saliva sample upon release from custody, nor do they have to provide a blood or saliva sample as a condition of their sentence.

Who must pay the DNA fee in Oklahoma?

In Oklahoma, a person convicted of a felony must pay the DNA fee. Anyone convicted of any of the following misdemeanor offenses must pay the DNA fee:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

Which misdemeanor convictions require submitting DNA to law enforcement in Oklahoma?

Individuals convicted of any of the following misdemeanors must submit to DNA testing for law enforcement purposes:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

Furthermore, or any alien unlawfully present under federal immigration law, upon arrest, mustsubmit to DNA testing for law enforcement identification purposes

Who does Oklahoma put in the CODIS DNA database?

The Combined DNA Index System (CODIS) Database exists for the purpose of collecting and storing blood or saliva samples and DNA profiles, analyzing and typing of the genetic markers contained in or derived from DNA, and maintaining the records and samples of DNA of individuals:

  • Convicted of any felony offense;
  • Required to register pursuant to the Sex Offenders Registration Act;
  • Subject to the availability of funds, 18 years old or older arrested for the commission of a felony under the laws of Oklahoma or any other jurisdiction, upon being booked into a jail or detention facility. Provided, the DNA sample will not be analyzed and must be destroyed unless one of the following conditions has been met:
    • the arrest was made upon a valid felony arrest warrant,
    • the person has appeared before a judge or magistrate judge who made a finding that there was probable cause for the arrest, or
    • the person posted bond or was released prior to appearing before a judge or magistrate judge and then failed to appear for a scheduled hearing; and
  • Subject to the availability of funds, convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escaping or attempting to escape, eluding a police officer, Peeping Tom, pointing a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance, or, upon arrest, any alien unlawfully present under federal immigration law.

The purpose of this database is the detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes in which biological evidence is recovered. That information cannot be used for any other purpose.

Who has to provide a blood or saliva sample prior to release from custody in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample prior to release:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

This is subject to the availability of funds.

Who has to provide a blood or saliva sample as a condition of their sentence in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample as a condition of their sentence:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

This is subject to the availability of funds.

HB 1609 amended 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a. The change went into effect on November 1, 2017.

Sources: HB 1609, 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a.

Arrested for a firearms offense?

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New Prohibited Areas For Carrying Handguns – 2017 Oklahoma Laws #22

In 2017, Oklahoma added more places where it’s unlawful to carry a concealed or unconcealed handgun. Carrying a concealed or unconcealed handgun into a courthouse or courtroom is now prohibited. Handguns are also now banned in publicly owned or operated sports arenas or venues during a professional sporting event, unless allowed by the event holder. Also, handguns are banned where gambling is legal, unless allowed by the property owner.

The new law clarifies that the prohibited places do not include any property set aside for the use or parking of any vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law.

Penalties for carrying a handgun in a prohibited place

unlawful carry handgun oklahomaThe change made the carrying of handguns a misdemeanor only in the following locations:

  • Any courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrested persons, prisoners, or persons alleged delinquent or adjudicated delinquent, except as provided by law and
  • Any public or private elementary or public or private secondary school, except as provided by law.

A person carrying a handgun in any of the following places may now only be denied entrance onto the property or removed from the property. If the person refuses to leave the property and law enforcement is is called, the person may be issued a citation for an amount no greater than $250.00.

  • Any structure, building, or office space which is owned or leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the public;
  • Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;
  • Any place where gambling is authorized by law, unless allowed by the property owner; and
  • Any other place specifically prohibited by law.

Previously, the unlawful carrying of handguns into any of the above six areas was a misdemeanor.

Exceptions to places where it’s illegal to carry a handgun

Oklahoma does not prohibit the carrying of handguns in the above places by:

  1. Any peace officer or any person authorized by law to carry a pistol in the course of employment;
  2. District judges, associate district judges, and special district judges, who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, when acting in the course and scope of employment within the courthouses of Oklahoma;
  3. Private investigators with a firearms authorization when acting in the course and scope of employment; and
  4. Elected officials of a county, who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act when acting in the performance of their duties within the courthouses of the county in which he or she was elected. This doesn’t allow the elected county official to carry the handgun into a courtroom.

There are also restrictions on and exceptions to the carrying of handguns in schools.

Check out this answer page for more information on where it’s unlawful to carry a handgun.

SB 833 amended 21 O.S. § 1277. The change went into effect on August 25, 2017.

Sources: SB 83321 O.S. § 1277

Arrested for unlawfully carrying a handgun?

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Handguns In Courthouses – 2017 Oklahoma Laws #21

oklahoma handgun courthouseOklahoma now allows elected county officials to carry a concealed handgun in the courthouse if they possess a valid handgun license. However, they may not bring that handgun into a courtroom. There’s a similar provision allowing state judges to carry concealed handguns when acting in the course and scope of employment within the courthouses of Oklahoma. There’s no similar restriction on bringing handguns into a courtroom for judges, so it’s safe to assume that state judges can legally pack heat in their courtroom.

Check out this answer page for more information on where it’s unlawful to carry a handgun.

HB 1104 modified 21 O.S. § 1277. This change went into effect on November 1, 2017.

Sources: HB 1104 & 21 O.S. § 1277

Arrested for unlawful carry of a firearm?

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Self-Defense Exception Added To Pointing A Weapon – 2017 Oklahoma Laws #20

In Oklahoma, it’s now legal to point a gun at another person in self-defense. This is logical, since it’s legal to shoot a person in self-defense. This new law also establishes that a person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop, or deter a forcible felony or attempted forcible felony cannot be guilty of committing a criminal act. The law enforcement exemption to illegally pointing a firearm is now extended to security guards licensed by CLEET in the performance of their duties.

Defensive Force Defined

A person who uses defensive force, as permitted under Oklahoma law, is justified in using such defensive force and is immune from criminal prosecution and civil action for the use of such defensive force. A law enforcement agency may use standard procedures for investigating the use of defensive force, but the law enforcement agency cannot arrest the person for using defensive force unless it determines that there is probable cause that the defensive force that was used was unlawful. “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.

Felony Pointing Firearms

self-defense oklahoma gunExcept for an act of self-defense, it’s unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at anyone for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor or prank, or in anger or otherwise.This does not 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 (CLEET) 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, or any federal government law enforcement officer in the performance of any duty, or in the performance of a play on stage, rodeo, television or on film, or in defense of any person, one’s home, or property.

A violation of the pointing firearms statute is a felony. The range of punishment in the Department of Corrections is one–ten years.

SB 40 modified 21 O.S. §§ 1289.16 & 1289.25. It went into effect on November 1, 2017.

Sources: SB 4021 O.S. § 1289.16, 21 O.S. § 1289.2521 O.S. § 1289.17.

Arrested for a firearms charge?

Don’t panic!

Call Urbanic.®

405-633-3420

New Oklahoma Laws In 2016 Part 22 – Legally Carry More Types Of Knives

SB 1159 legalized the carrying of any dagger, bowie knife, dirk knife, or sword cane. A bill that went into effect in 2015 legalized the carrying of switchblades.

Convicted felons cannot carry firearms, so this law will be useful in allowing them to carry something for self-defense. It also decriminalizes behavior that many people were doing anyway. It’s a good way to allow law enforcement resources to be directed towards more important things.

This is my FINAL post on new Oklahoma laws in 2016! When I first started this project, I thought I would be doing a handful of posts. I had no idea this would result in 22 posts! In the next post, I’ll be posting a summary of each new law.

This law went into effect on November 1, 2016 and amended 21 OS § 1272.

SB 1159 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/SB/SB1159%20ENR.PDF

21 OS § 1272 – http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=69740

News article covering SB 1159 – http://www.newson6.com/story/33683460/knife-law-adds-sword-canes-to-list-of-items-oklahomans-can-legally-carry

If you’ve been charged with illegally carrying a weapon in Oklahoma, contact The Urbanic Law Firm!

405-633-3420