Oklahoma Weapon Offenses
The right to bear arms is a privilege that is deeply rooted in our Nation’s traditions. As such, not only is the right to bear arms a constitutionally-protected right (U.S. Const. Amend. II), but it’s also a state right (Okla. Const. Article 2, § 26). However, the privilege is not an absolute right. Because lawmakers have found that many violent crimes involve the use of firearms or offensive weapons, the State of Oklahoma has rigorous laws punishing weapon offenses.
A weapon offense is a criminal act involving the illegal use, possession, or sale of a weapon. In the State of Oklahoma, the following weapons may be considered illegal: pistol, revolver, shotgun or rifle (whether loaded or unloaded), dagger, bowie knife, dirk knife, switchblade knife, sword cane, chain, metal knuckles, or any other offensive weapon.
Oklahoma Weapon Offenses
The most common weapon offenses include, but are not limited to:
- Unlawful Possession of a Firearm
- Possession of Firearm on School Property
- Transporting a Firearm
- Unlawful Carry of Weapon
- Possessing a Weapon While Committing a Felony
- Possessing a Firearm After a Felony Conviction
- Pointing a Firearm
- Felony Discharging Firearms
- Reckless Conduct With a Firearm
- Carrying Firearm Where Liquor is Consumed
- Carrying Weapons Under the Influence of Alcohol
Felony vs. Misdemeanor Weapon Offense
Whether the weapon offense is classified as a felony or misdemeanor depends on, but is not limited to:
- Whether the weapon is used to commit a crime
- Whether the accused has prior felony convictions
- The place where the weapon is carried
- The intention of the accused in carrying the weapon
- Whether the accused pointed the weapon at the alleged victim
- Whether the accused is under the influence of alcohol or drugs
Penalties for Weapon Offenses
If convicted of a weapon offense, the offender faces severe consequences depending on whether the offense is classified as a felony or misdemeanor. If you are convicted of a violent weapon felony, not only do you face incarceration and/or fines, but the felony conviction will prohibit you from ever purchasing or possessing a firearm.
If you have been arrested for a weapon offense, you need immediate representation. Often the police arrest an individual for a weapon offense based upon an illegal search of the accused’s person or residence in violation of the individual’s 4th and 14th Amendment rights. Contact the Law Office of Elliott C. Crawford immediately to schedule your consultation.