Tag: self-defense

Handgun Added To Definitions In Self-Defense and Firearms Acts – 2017 Oklahoma Laws #25

Under the Oklahoma Firearms Act, a handgun is now the same thing as a pistol.  The definition of those items changed from any firearm capable of discharging a projectile to any firearm capable of discharging single or multiple projectiles from a single round of ammunition. The pistol/handgun must still be composed of any material that may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than 16″ inches long, and a combustible propellant charge, but does not include flare guns, underwater fishing guns, or blank pistols. “Handgun” was also added to the Oklahoma Self-Defense Act were it just mentioned a “pistol.”

New Definitions In The Oklahoma Self-Defense Act

oklahoma self-defense“Concealed handgun” – a loaded or unloaded pistol or handgun not openly visible to the ordinary observation of a reasonable person.

“Unconcealed handgun” or “open carry” – a loaded or unloaded pistol or handgun carried upon the person in a holster where the firearm is visible, or carried upon the person using a scabbard, sling, or case designed for carrying firearms.

“Pistol” or “handgun” – any derringer, revolver or semiautomatic firearm that:

  • has an overall barrel or barrels length of less than 16″ long,
  • is capable of discharging single or multiple projectiles from a single round of ammunition composed of any material that may reasonably be expected to be able to cause lethal injury,
  • can be held and fired by the use of one or both hands, and
  • uses a combustible propellant charge to propel the projectile or projectiles.

The definition of pistol or handgun for purposes of the Oklahoma Self-Defense Act does not apply to imitation pistols, flare guns, underwater fishing guns, or blank pistols.

SB 36 amended 21 O.S §§ 1289.3 and 1290.2. The changes went into effect November 1, 2017

Sources: SB 3621 O.S § 1289.3, & 21 O.S § 1290.2

What makes someone ineligible for a gun license in Oklahoma

The requirements to legally carry a gun in Oklahoma

Arrested for unlawfully carrying a handgun?

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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?

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