Illegal Weapons Possession
Illegal Weapons in Oklahoma
Oklahomans love their guns, and Oklahoma Legislators work very hard to protect the gun rights of their constituents. In Oklahoma though, not all guns are legal and not everyone is allowed to carry a gun. Furthermore, there are some types of guns that are allowed in certain places, and other types of guns that are not. There are special Oklahoma gun laws which apply to minors and gun ownership – A person less than 18 years old (a minor) who is detained or arrested with an illegal weapon may have the weapon confiscated and forfeited by the police without filing charges against the minor. The attorneys at the Hunsucker Legal Group believe that the taking of any property, including guns, without providing the citizen their constitutional rights to due process is wrong. If the weapon was stolen or taken without permission, the weapon may be returned to its rightful owner.
Gun owners are responsible for knowing all the rules that apply to their guns, and sometimes honest mistakes are made. Compliance with the Oklahoma Self Defense act is paramount, so contact an attorney if you have been charged with possession of an illegal firearm /illegal possession of a legal firearm or possession of a gun while intoxicated.
Oklahoma Laws and Illegal Weapons
It is illegal to carry any gun, whether loaded or unloaded, whether concealed or unconcealed, unless one of the following exceptions is met:
– For hunting, fishing, educational or recreational purposes
– The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act
– By a peace officer or other person authorized by law to carry a weapon in the performance of official duties
– By a district judge, associate district judge or special district judge within this state, who is in possession of a valid handgun license
– For the purpose of living history reenactment
– During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events
– During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces
– During participation in or in preparation for a recognized police function
– During a practice for or a performance for entertainment purposes
– For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person
– For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms.
It is illegal for any person, even if they have a valid handgun license, to carry any concealed or unconcealed handgun into any of the following places:
– Any structure, building, or office space which is owned by the government for the purpose of conducting business with the public
– Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons
– Any public or private elementary or public or private secondary school, unless specific authorization is granted
– Any sports arena during a professional sporting event
– Any place where wagering is authorized by law
– Any other place specifically prohibited by law
– Any college, university, or technology center school property
Legal Help
A charge for illegal weapon possession in Oklahoma may carry hefty fines as well as time in jail or prison, and the laws are undergoing changes. A conviction could cause you to you’re your Concealed Weapons Permit. Compliance with gun laws and defense against weapons charges can be a daunting task. If you are facing a charge for illegal weapons, it is important to understand each and every element as defined by statue. Therefore, seeking the experienced legal counsel at the Hunsucker Legal Group is vital to ensure you or your loved one has competent representation.
Oklahoma Statutes Title 21. Chapter 53 – Manufacture, Sale, and Wearing of Weapons
Section 1272 – Unlawful Carry
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;
4. The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts; or
5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, “living history reenactment” means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.
B. Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.
Section 1271.1 – Confiscation and Forfeiture of Weapons Upon Arrest of Person Under 18 – Disposition
A. Whenever a person under eighteen (18) years of age is detained or arrested by a law enforcement officer and is carrying any weapon or firearm prohibited by Section 1272 of this title, each such prohibited weapon and firearm may be confiscated and forfeited to the State of Oklahoma by the law enforcement authority. Such confiscation and forfeiture shall not require that criminal charges be filed against the minor.
B. However, when a weapon or firearm confiscated pursuant to the provisions of this section has been taken by a minor without the permission of the owner, the weapon or firearm shall be returned to the owner pursuant to the procedures provided in Section 1321 of Title 22 of the Oklahoma Statutes, provided the possession of such weapon or firearm by the owner is not otherwise prohibited by law.
C. Any weapon or firearm confiscated and forfeited by any law enforcement authority may be sold at public auction, or when no longer needed as evidence in the criminal proceeding the confiscating authority may lease any firearm confiscated and forfeited by law pursuant to this section to any law enforcement agency for a period of one (1) year. Such lease may be renewed each year thereafter at the discretion of such authority to assist in the enforcement of the laws of this state or its political subdivisions. Any weapon or firearm deemed by the confiscating authority to be inappropriate for lease or sale shall be destroyed.
D. For purposes of this section, the term “confiscate” shall not be construed to prohibit any parent, guardian or other adult person from removing or otherwise seizing from any minor any weapon or firearm in the minor’s possession. Provided however, no school authority shall return any weapon or firearm removed or otherwise seized from any minor to any person, and shall immediately deliver such weapon or firearm to a law enforcement authority for prosecution and forfeiture.
Section 1289.11 – Reckless Conduct
It shall be unlawful for any person to engage in reckless conduct while having in his or her possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person. Any person convicted of violating the provisions of this section shall be punished as provided in Section 1289.15 of this title.
Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
Section 1289.16 – Felony Pointing Firearms
It shall be 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 any person or persons 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, but not to include the pointing of shotguns, rifles or pistols by law enforcement authorities 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. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.17 of this title.
Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
Section 1289.17A – Felony Discharging Firearms
It shall be unlawful for any person to willfully or intentionally discharge any firearm or other deadly weapon at or into any dwelling, or at or into any building used for public or business purposes. Any violation of the provisions of this section shall be a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor more than twenty (20) years. The provisions of this section shall not apply to any law enforcement officer in the performance of any lawful duty.
Section 1289.13 – Transporting a Loaded Firearm
Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it shall be unlawful to transport a loaded pistol, rifle or shotgun in a landborne motor vehicle over a public highway or roadway. However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid handgun license pursuant to the Oklahoma Self-Defense Act.
Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a handgun, concealed or unconcealed, and is carrying a handgun or has a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.
Section 1289.15 – Penalty for Firearms Act of 1971
Any person adjudged guilty of violating any provision of Section 1289.9, 1289.10, 1289.11, 1289.12 or 1289.13 of this title shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment.