Gun Crimes

Oklahoma Gun Crime Defense Lawyer

The Second Amendment to the United States Constitution grants citizens the right to bear arms, but the states are given the leeway to enforce how and to whom that right is bestowed. Under the Oklahoma Self Defense Act, many people are allowed to openly carry a firearm or to carry a concealed weapon if they receive the appropriate permit from the Oklahoma State Bureau of Investigation (OSBI).

However, there are certain individuals who are precluded by state or federal law from the right to gun ownership, and those who do not have a valid Oklahoma gun permit or reciprocal permit from another state are not allowed to possess certain firearms in Oklahoma.

In general, gun violations in Oklahoma are misdemeanors, but gun crimes such as using a firearm to threaten, injure, or kill another person are typically felony offenses.

Who Can Own a Gun in Oklahoma?

Oklahoma handgun licenses are granted or denied by the OSBI. Eligibility requirements include U.S. citizenship, Oklahoma residency, age of 21 or older, completion of a firearm safety course, and completion of the OSBI gun license application and payment of the associated fee. Those who apply for an Oklahoma gun permit must agree to "[c]omply in good faith with the provisions of the Oklahoma Self-Defense Act."

Even if a person meets the above requirements, he or she may be denied a firearm license if other circumstances prevent him or her from legal gun ownership:

  • Pending felony charges or conviction of a felony
  • Pending charges or conviction of aggravated assault and battery, assault and battery resulting in serious bodily injury, two or more assault and battery convictions, stalking, VPO violations, domestic violence, drug crimes, two or more public intoxication convictions, two or more DUI convictions

If a person is prohibited from gun ownership as a result of an alcohol related offense, he or she may regain eligibility for a firearm license three years after completing his or her sentence.

Where Can I Carry a Gun in Oklahoma?

A person with an Oklahoma concealed or open carry permit may carry a weapon on his or her own property and anywhere it is not prohibited by law or by the owner of the establishment. A person may not carry a weapon in any of the following places, regardless of whether or not he or she has a valid gun permit:

  • A government building
  • A government meeting or school board meeting
  • A jail, prison, or detention facility
  • An elementary school or secondary school
  • A sports arena during a professional sporting event
  • Any place selling low-point beer
  • A casino or any place pari-mutuel betting is allowed
  • A college or university campus or technical center (some exemptions apply)

Anyone caught carrying a weapon in a prohibited place, even if he or she is licensed to carry a firearm in general, is subject to misdemeanor conviction and a fine of $250.

What are Felony Gun Crimes?

Using a weapon or firearm to facilitate or commit a crime brings serious felony consequences, and conviction of a felony strips a person of his or her firearm possession rights in the future. Among the most serious gun offenses are the following, each of which is punishable by a maximum of life in prison:

  • Assault with a deadly weapon
  • Shooting with intent to kill
  • Armed robbery

The above offenses are 85 Percent Crimes requiring anyone convicted to serve a minimum of 85 percent of the sentence before becoming eligible for parole. In the case of anyone sentenced to life, his or her first opportunity for parole would occur after more than 38 years at the earliest.

Other felony gun crimes include the following offenses, each of which carries a maximum sentence of 10 years in prison upon the first offense:

  • Pointing a firearm
  • Possession of a firearm in the commission of a felony - maximum of 10 years in prison on the first offense; maximum of 30 years in prison upon subsequent offenses
  • Possession of a firearm by a convicted felon
  • Illegal possession of a firearm

The above crimes are the most serious gun crimes in the state, but there are dozens of other Oklahoma gun laws and gun violations:

  • Unlawful carry
  • Allowing minors to possess firearms
  • Unlawful intent to carry
  • Penalty enhancement for weapon possession
  • Carrying weapons under the influence of alcohol
  • Furnishing firearms to incompetent persons
  • Reckless conduct
  • Giving firearms to prohibited persons
  • Transporting a loaded firearm
  • Felony discharging firearms
  • Sawed-off shotgun and sawed-off rifle violations
  • Manufacture, possession, or use of restricted bullets
  • Use of physical or deadly force against an intruder
  • Use of body armor
  • Transporting or discharging a firearm from a vessel

Oklahoma Gun Lawyer

The Oklahoma Self Defense Act and the state's criminal gun laws are extensive, and it can be difficult to understand exactly what is allowed and what is prohibited by state law. If you are charged with a misdemeanor or felony gun crime, it can have a significant impact on your criminal record and your future gun rights. Call the Law Firm of Oklahoma at (405) 608-4990 to speak with an experienced attorney about your case.

625 NW 13th Street
Oklahoma City
(405) 608-4990
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