Attorney Angela Singleton - Oklahoma City Criminal Defense

Oklahoma Gun Charges Lawyer


Section 26 of the bill of rights to the Constitution of the State of Oklahoma states, “The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons.”

Although Oklahoma is an open carry state, there are many regulations that must be followed in order to avoid potentially serious charges that could result in time spent in jail or prison.

The most common misdemeanor gun charges are carrying a weapon, carrying a firearm while intoxicated, reckless conduct with a firearm, transporting a loaded firearm in your vehicle, and pointing a weapon. They are all criminal charges.

It should also be noted that it is illegal to carry firearms in government buildings, on school grounds, places where alcohol is consumed, and professional sporting events, even if the person doing so holds a concealed carry permit.

What Factors Can Aggravate A Misdemeanor Gun Charge in Oklahoma?

Factors that can aggravate a misdemeanor gun charge are all related to the manner in which the gun is used. Under Oklahoma law, what makes a gun charge a misdemeanor or a felony is based on what law enforcement claims you did with that firearm. If they claim that you had a loaded handgun in your vehicle, it would be charged as a misdemeanor. If they allege you had a loaded firearm in your vehicle and also claim you were selling drugs, you could be facing a felony charge of possession of a firearm in the commission of a felony. It’s not that a misdemeanor can’t be bumped up to a felony, it’s either they think they have evidence to charge you with a misdemeanor, or they think they have evidence to charge you with a felony.

What Factors Can Aggravate A Misdemeanor Gun Charge in Oklahoma?

Factors that can aggravate a misdemeanor gun charge are all related to the manner in which the gun is used. Under Oklahoma law, what makes a gun charge a misdemeanor or a felony is based on what law enforcement claims you did with that firearm. If they claim that you had a loaded handgun in your vehicle, it would be charged as a misdemeanor. If they allege you had a loaded firearm in your vehicle and also claim you were selling drugs, you could be facing a felony charge of possession of a firearm in the commission of a felony. It’s not that a misdemeanor can’t be bumped up to a felony, it’s either they think they have evidence to charge you with a misdemeanor, or they think they have evidence to charge you with a felony.

What Are the Felony Gun Crimes in Oklahoma?

Most common felony gun crimes are possession of a firearm by a felon after a former conviction (gun ownership is prohibited for convicted felons), possession of a firearm in the commission of a felony, robbery with a firearm, using a vehicle to facilitate the discharge of a firearm, commonly known as a drive-by, shooting with intent to kill, and assault and battery with a deadly weapon.

What Are 85% Crimes? How Do They Relate to Gun Crimes in Oklahoma?

An 85% crime is a crime that is specifically listed under Title 21, Section 13.1 of the Oklahoma statute, which says that if you are serving a sentence for one of those listed crimes, you have to serve at least 85% of your sentence before you become eligible to be considered for parole. The firearm charges that are actually listed as 85% crimes are robbery with a firearm (armed robbery), using a vehicle to facilitate the discharge of a firearm (drive-by shooting), shooting with the intent to kill, and assault and battery with the deadly weapon.

What Is the Sentence for Conviction on a Misdemeanor Gun Charge?

For the most common misdemeanor charges, carrying a weapon carries up to 30 days in jail. Carrying a firearm while intoxicated, reckless conduct with the firearm, transporting a loaded firearm in your vehicle can all carry a penalty of 10 days up to 6 months. Pointing a weapon carries a sentence of up to a year in jail.

What About Felony Convictions?

If you are charged with possession of a firearm after former felony conviction, you are looking at 1 to 10 years in prison. A person convicted of any of the following offenses is prohibited from carrying a firearm:

  • assault and battery that is aggravated or that seriously injures the victim
  • domestic abuse
  • stalking
  • violation of a domestic abuse protection order, or
  • illegal drug possession or use.

Possession of a firearm in the commission of a felony is 2 to 10 years. Robbery with the firearm carries 5 years up to life in prison, and using a motor vehicle to facilitate the discharge of a firearm, drive-by, is a minimum of 2 years up to life in prison. Shooting with intent to kill, and assault and battery with the deadly weapon both carry up to life in prison.

How Does It Affect the Charge If the Gun Was Used in The Commission of a Crime?

What will happen is you will most likely be charged with the specific crime of possession of a firearm in the commission of the felony. You may see this charge pop up, even if the firearm wasn’t actually being used in the alleged crime. It is one of the gun crimes that is frequently overcharged, and often the government does not have sufficient evidence to prove it.

What Defenses Can Be Used in Gun Related Cases?

Defenses that can be used in gun-related cases depend on the charge. The most common defense is that the weapon was not in your possession, or it was not being used in the manner being charged. Possession is an intentional act, and often it’s difficult for the government to prove that you actually had knowledge and intent to possess the firearm.

Another common defense is self-defense. Oklahoma has a longstanding tradition which it has turned into laws that protect the citizen’s rights to defend themselves and others with a firearm. That is to say, you have the right to stand your ground, protect your home and family from an intruder, and if threatened with deadly force, you can protect yourself or others with deadly force.

Being accused of violating gun laws in Oklahoma is not something to take lightly, and it’s not something you should try to handle alone. The best thing you can do for yourself is to contact a competent and knowledgeable criminal defense attorney as soon as possible.

My name is Angela Singleton and I am an Oklahoma City-based criminal defense lawyer, well versed in Oklahoma gun laws. Contact me online today for a  free consultation or call (855) 205-1210. I’ll be happy to go over the details of your case and discuss how I can help you.

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