Oklahoma is one of the least restrictive states to own and carry firearms, but there are still circumstances where possessing, carrying, or using a firearm can result in criminal charges. When you’re facing a serious criminal charge, who you choose to represent you matters.
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Oklahoma has relatively broad firearm possession and carry laws, but state law still places restrictions under certain circumstances and for certain individuals.
Depending on the circumstances, a person may face charges for unlawfully carrying a firearm, carrying or using a firearm while under the influence, possessing a firearm during the commission of a felony, possessing a firearm after a felony conviction, or violating federal firearm laws.
The specific charge and potential consequences depend on factors such as the person’s criminal history, where and how the firearm was possessed and discovered, and the other circumstances surrounding the offense.
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Generally, Oklahoma allows qualifying individuals to carry firearms openly or concealed without a handgun license, but that does not mean a firearm can legally be carried by anyone, anywhere, under any circumstance. There are still requirements, exceptions, and restrictions that may apply.
Oklahoma’s unlawful carry law establishes the restrictions on carrying firearms and other weapons. Whether carrying a firearm is legal may depend on who is carrying it, where they carry it, and other circumstances.
Oklahoma law prohibits carrying or using certain firearms while under the influence of alcohol, hallucinogens, or illegal, unprescribed, or impairing drugs. Depending on the circumstances, this may arise in addition to a DUI, public intoxication, or other criminal allegations.
Under Oklahoma law, possessing a firearm or certain other weapons while committing or attempting to commit a felony can result in a separate criminal charge in addition to the underlying felony. This is classified as a B4 felony, punishable by 2-10 years in prison, with subsequent offenses classified as B1 felonies with much harsher sentencing and penalties.
It is worth noting that more than just the presence of a firearm is required. There must be a connection between possession of the firearm and the underlying felony.
Oklahoma generally prohibits individuals previously convicted of a felony from possessing or having immediate control of a firearm. This applies to a firearm on the person’s body, in their vehicle, or where they live. Currently, a violation of this statute is classified as a B4 felony.
The law provides a specific exemption and opportunity for restoration for someone convicted of a nonviolent felony who has received a full and complete pardon and meets the statute’s requirements.
Firearm investigations may also result in federal charges. Federal law prohibits firearm possession by certain individuals, including those convicted of certain crimes punishable by more than one year in prison, and regulates firearm sales and transfers.
Federal law also provides separate penalties when a firearm is used or carried in relation to certain violent crimes or drug trafficking crimes, or possessed in furtherance of those crimes.
Federal firearm cases involve different processes, procedures, and sentencing from Oklahoma state prosecutions and can carry severe prison sentences.
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The consequences of a firearm conviction depend heavily on the specific offense. Some violations are misdemeanors, while others can be serious state or federal felonies.
Potential consequences may include:
The consequences of a federal conviction can be particularly significant. Certain federal crimes, especially violent or drug-related offenses, may result in lengthy consecutive prison sentences and other severe penalties.
Gun and firearm cases can involve physical, digital, forensic, and testimonial evidence. Depending on the circumstances, prosecutors may rely on:
Possession is generally an important issue. A firearm does not necessarily have to actually be in someone’s hand for prosecutors to claim possession or control. Oklahoma law also addresses possession of firearms in immediate control or in certain vehicles or residences.
How law enforcement discovered the firearm also matters. Traffic stops, home or vehicle searches, search warrants, and questioning can raise legal issues that may impact whether evidence can be used.
Speak with an experienced criminal defense attorney about your case, your rights, and your options.