Oklahoma

Get the latest information on Oklahoma firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

yes

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Oklahoma - Okla. Const. Art. II, § 26
" "The right of the people to bear arms shall not be infringed."

Oklahoma's firearm law history has undergone significant transformations, particularly in the realm of gun rights and self-defense. In 1995, Oklahoma enacted its first concealed carry law, allowing individuals to obtain a permit after completing a background check and a firearm safety course, reflecting a commitment to responsible gun ownership. The state's approach further evolved with the passage of "Permitless Carry" legislation in 2019, enabling law-abiding citizens aged 21 and older to carry firearms without a permit, a move that underscored the state's emphasis on personal freedom. Additionally, the landmark case Oklahoma Second Amendment Association v. State (2019) reinforced the rights of citizens to bear arms, emphasizing the importance of the Second Amendment in state law. Overall, Oklahoma's firearm laws reflect a strong support for individual rights while addressing the balance of personal responsibility.

Permit Eligibility, Training and Application Process

Oklahoma's history of the Self-Defense Act (SDA) firearm permit has evolved since its introduction in 1995, when the state enacted legislation allowing individuals to carry concealed firearms after obtaining a permit. The SDA established requirements such as completing a background check and a firearm safety course, thereby promoting responsible gun ownership. In 2012, the law was amended to allow permit holders to carry firearms in certain public places, further enhancing the rights of gun owners. A significant change occurred in 2019 with the passage of "Permitless Carry," which allowed individuals aged 21 and older to carry firearms without a permit, while still maintaining the option for those who wish to obtain an SDA permit for reciprocity with other states. This evolution highlights a robust support for personal freedom in firearm ownership.

Oklahoma Permit Eligibility

In order for an applicant to be approved, he/she must:

  • Be a citizen (or lawful permanent resident) of the United States with established residency in the State of Oklahoma;
    • the term "residency" shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card, and physically maintains a residence in this state or to any person, including the spouse of such person, who has permanent military orders within this state and possesses a valid driver license from another state where such person and spouse of such person claim residency, and
    • the term "lawful permanent resident" shall mean a noncitizen who is lawfully authorized to live permanently within the United States;
  • Be at least: twenty-one (21) years of age, or at least eighteen (18) years of age and a member or veteran of the United States Armed Forces, the Reserves or National Guard (or honorably discharged);
  • Complete a firearms safety and training course and demonstrate competence and qualifications with the type of pistol to be carried by the person as provided in Section 1290.14 of this title, and
  • Submit proof of approved firearms safety training and qualification, or an exemption for training and qualification, as authorized by Section 1290.14 of this title;
  • Submit the required fee and complete the application process as provided in Section 1290.12 of this title;
  • Comply in good faith with the provisions of the Oklahoma Self-Defense Act.
  • Not otherwise be precluded by 21 O.S. § 1290.10, § 1290.11, or federal law.

Okla. Stat. tit. 21 § 1290.9

 

Oklahoma Permit Training Requirements

Each applicant for a license to carry a concealed or unconcealed handgun pursuant to the Oklahoma Self-Defense Act must successfully complete a firearms safety and training course in this state conducted by a registered and approved firearms instructor as provided by the provisions of this section or from an interactive online firearms safety and training course available electronically via the Internet approved and certified by the Council on Law Enforcement Education and Training. The course content shall include:

  • a safety inspection of the firearm to be used by the applicant in the training course;
  • instruction on pistol handling, safety and storage;
  • dynamics of ammunition and firing;
  • methods or positions for firing a pistol;
  • information about the criminal provisions of the Oklahoma law relating to firearms;
  • the requirements of the Oklahoma Self-Defense Act as it relates to the applicant;
  • self-defense and the use of appropriate force;
  • a practice shooting session;
  • and a familiarization course where the applicant must further demonstrate competence and qualification with an authorized pistol of the type or types that the applicant desires to carry as a concealed or unconcealed handgun pursuant to the provisions of the Oklahoma Self-Defense Act, except certain persons may be exempt from such training requirement as provided by the provisions of Section 1290.15 of this title.

The firearms instructor shall refuse to train or qualify any person when the pistol to be used or carried by the person is either deemed unsafe or unfit for firing or is a weapon not authorized by the Oklahoma Self-Defense Act. Any person who qualifies on a derringer or revolver shall not be eligible for a semiautomatic rating until the person has demonstrated competence and qualifications on a semiautomatic pistol.

Okla. Stat. tit. 21 § 1290.14

 

Oklahoma Permit Application Process

Residents must apply in person to the sheriff in the county in which they live.

You must bring the following items when you apply for your SDA license:

  • A completed application, which must be singed in person, before the sheriff.
  • The original certificate of training (no duplicate, copy, reproduction will be accepted).
  • An accurate copy of your driver’s license, state ID, or photo page of your passport;
  • The application fee ($100 for a 5-year term, $200 for a 10-year term);
  • Two passport-sized photographs of the applicant. Sheriffs are authorized to take these photos, for a fee not to exceed $10;
  • A valid Oklahoma driver’s license or an Oklahoma State photo identification to verify your identify and residency;
  • Upon verification of your identify, the sheriff will take two complete sets of fingerprints to be submitted to the OSBI for processing.

The Oklahoma State Bureau of Investigation shall either issue a handgun license or deny the application within ninety (90) days of the date of the receipt of the applicant's completed application and the required information from the sheriff.

Okla. Stat. tit. 21 § 1290.12

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

Oklahoma law:

A person shall be permitted to carry loaded and unloaded shotguns, rifles and pistols without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:

  1. When hunting animals or fowl;
  2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;
  3. 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. It is further provided that Oklahoma Army or Air National Guard personnel with proper authorization and performing a military function may carry loaded or unloaded and concealed weapons on Oklahoma Military Department facilities in accordance with rules promulgated by the Adjutant General;
  4. During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials;
  5. During a practice for or a performance for entertainment purposes;
  6. As provided for in subsection A of Section 1272 of this title; or
  7. For lawful self-defense and self-protection or any other legitimate purpose not in violation of any legislative enactment regarding the use, carrying, ownership and control of firearms.

A person shall be permitted to carry unloaded shotguns, rifles and pistols without a handgun license as authorized by the Oklahoma Self-Defense Act and when going to or from the person's private residence or vehicle.

The provisions of this section shall not be construed to prohibit educational or recreational activities, exhibitions, displays or shows involving the use or display of rifles, shotguns or pistols or other weapons if the activity is approved by the property owner and sponsor of the activity.

Okla. Stat. tit. 21 § 1289.6

 

Except as provided by Section 1272 of this title, it shall be lawful for a citizen or lawful permanent resident, who can lawfully purchase or possess a firearm under state law, to carry or transport a concealed or unconcealed firearm in this state, as hereby authorized by the provisions of the Oklahoma Self-Defense Act or as may otherwise be provided by law.

Okla. Stat. tit. 21 § 1290.4

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Oklahoma Permit or does not require a license
Recognizes Oklahoma Resident Permit only
Does not recognize a Oklahoma Permit
Issued on or after October 18, 2018 only
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties. 

Oklahoma law:
The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, air powered pistols, air powered rifles, knives, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state.  Any existing or future orders, ordinances or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.

Okla. Stat. tit. 21 § 1289.24

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g). 

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.  

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms. 

Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply.

Firearm Classification and Accessory Restrictions

COMING SOON!

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.  

Oklahoma has no laws restricting the ammunition capacity of magazines.

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state. 

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.  

Oklahoma law:

It shall be unlawful for any person, including a person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry any concealed or unconcealed firearm into any of the following places:

  1. Any structure, building, or office space which is owned or leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the public;
  2. Any courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent, except as provided in Section 21 of Title 57 of the Oklahoma Statutes;
  3. Any public or private elementary or public or private secondary school, except as provided in subsections C and D of this section;
  4. Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;
  5. Any place where gambling is authorized by law, unless allowed by the property owner;
  6. Any other place specifically prohibited by law; and
  7. Any property set aside by a county, city, town, public trust with a county, city or town as a beneficiary, or state governmental authority for an event that is secured with minimum-security provisions. For purposes of this paragraph, a minimum-security provision consists of a location that is secured utilizing the following:
    1. a metallic-style security fence that is at least eight (8) feet in height that encompasses the property and is secured in such a way as to deter unauthorized entry,
    2. controlled access points staffed by a uniformed, commissioned peace officer, and
    3. a metal detector whereby persons walk or otherwise travel with their property through or by the metal detector.

Okla. Stat. tit. 21 § 1277 (A)

 

It shall be lawful for a person to carry a concealed or unconcealed firearm on the following properties:

  1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state or federal governmental authority;
  2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law;
  3. Any property adjacent to a structure, building or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section;
  4. Any property designated by a city, town, county or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds; provided, nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed or unconcealed firearm into any structure, building, office space or event which is specifically prohibited by the provisions of subsection A of this section;
  5. Any property set aside by a public or private elementary or secondary school for the use or parking of any vehicle, whether attended or unattended; provided, however, the firearm shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property; and
  6. Any public property set aside temporarily by a county, city, town, public trust with a county, city or town as a beneficiary, or state governmental authority for the holder of an event permit that is without minimum-security provisions, as such term is defined in paragraph 7 of subsection A of this section; provided, the carry of firearms within said permitted event area shall be limited to concealed carry of a handgun unless otherwise authorized by the holder of the event permit. Nothing contained in any provision of this subsection or subsection C of this section shall be construed to authorize or allow any person in control of any place described in subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license or otherwise in lawful possession of a firearm from carrying or possessing the firearm on the property described in this subsection.

Okla. Stat. tit. 21 § 1277 (B)

 

A concealed or unconcealed weapon may be carried onto private school property or in any school bus or vehicle used by any private school for transportation of students or teachers by a person who is licensed pursuant to the Oklahoma Self-Defense Act, provided a policy has been adopted by the governing entity of the private school that authorizes the carrying and possession of a weapon on private school property or in any school bus or vehicle used by a private school. Except for acts of gross negligence or willful or wanton misconduct, a governing entity of a private school that adopts a policy which authorizes the possession of a weapon on private school property, a school bus or vehicle used by the private school shall not be subject to liability for any injuries arising from the adoption of the policy. The provisions of this subsection shall not apply to claims pursuant to the Administrative Workers' Compensation Act.

Okla. Stat. tit. 21 § 1277 (C)

 

Notwithstanding paragraph 3 of subsection A of this section, a board of education of a school district may adopt a policy pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to authorize the carrying of a handgun onto school property by school personnel specifically designated by the board of education, provided such personnel either:

  1. Possess a valid armed security guard license as provided for in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
  2. Hold a valid reserve peace officer certification as provided for in Section 3311 of Title 70 of the Oklahoma Statutes. Nothing in this subsection shall be construed to restrict authority granted elsewhere in law to carry firearms.

Okla. Stat. tit. 21 § 1277 (D)

 

Notwithstanding the provisions of subsection A of this section, on any property designated as a municipal zoo or park of any size that is owned, leased, operated or managed by:

  1. A public trust created pursuant to the provisions of Section 176 of Title 60 of the Oklahoma Statutes; or
  2. A nonprofit entity, an individual shall be allowed to carry a concealed handgun but not openly carry a handgun on the property.

Okla. Stat. tit. 21 § 1277 (E)

 

Any person violating the provisions of paragraph 2 or 3 of subsection A of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). A person violating any other provision of subsection A of this section may be denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed Two Hundred Fifty Dollars ($250.00).

Okla. Stat. tit. 21 § 1277 (F)

 

No person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act or who is carrying or in possession of a firearm as otherwise permitted by law or who is carrying or in possession of a machete, blackjack, loaded cane, hand chain or metal knuckles shall be authorized to carry the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles into or upon any college, university or technology center school property, except as provided in this subsection. For purposes of this subsection, the following property shall not be construed to be college, university or technology center school property:

  1. Any property set aside for the use or parking of any motor vehicle, whether attended or unattended, provided the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are carried or stored as required by law and the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are not removed from the motor vehicle without the prior consent of the college or university president or technology center school administrator while the vehicle is on any college, university or technology center school property;
  2. Any property authorized for possession or use of firearms, machetes, blackjacks, loaded canes, hand chains or metal knuckles by college, university or technology center school policy; and
  3. Any property authorized by the written consent of the college or university president or technology center school administrator, provided the written consent is carried with the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles and the valid handgun license while on college, university or technology center school property. The college, university or technology center school may notify the Oklahoma State Bureau of Investigation within ten (10) days of a violation of any provision of this subsection by a licensee. Upon receipt of a written notification of violation, the Bureau shall give a reasonable notice to the licensee and hold a hearing. At the hearing, upon a determination that the licensee has violated any provision of this subsection, the licensee may be subject to an administrative fine of Two Hundred Fifty Dollars ($250.00) and may have the handgun license suspended for three (3) months. Nothing contained in any provision of this subsection shall be construed to authorize or allow any college, university or technology center school to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license or any person in lawful possession of a firearm, machete, blackjack, loaded cane, hand chain or metal knuckles from possession of a firearm, machete, blackjack, loaded cane, hand chain or metal knuckles in places described in paragraphs 1, 2 and 3 of this subsection. Nothing contained in any provision of this subsection shall be construed to limit the authority of any college, university or technology center school in this state from taking administrative action against any student for any violation of any provision of this subsection.

Okla. Stat. tit. 21 § 1277 (G)

 

The provisions of this section shall not apply to the following:

  1. Any peace officer or any person authorized by law to carry a firearm in the course of employment;
  2. District judges, associate district judges and special district judges, who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, when acting in the course and scope of employment within the courthouses of this state;
  3. Private investigators with a firearms authorization when acting in the course and scope of employment;
  4. Elected officials of a county, who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, may carry a concealed handgun when acting in the performance of his or her duties within the courthouses of the county in which he or she was elected. The provisions of this paragraph shall not allow the elected county official to carry the handgun into a courtroom;
  5. The sheriff of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry a concealed handgun when acting in the course and scope of employment within the courthouse in the county in which the person is employed. Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff from requiring additional instruction or training before granting authorization to carry a concealed handgun within the courthouse. The provisions of this paragraph and of paragraph 6 of this subsection shall not allow the county employee to carry the handgun into a courtroom, sheriff's office, adult or juvenile jail or any other prisoner detention area; and
  6. The board of county commissioners of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry a concealed handgun when acting in the course and scope of employment on county annex facilities or grounds surrounding the county courthouse.

Okla. Stat. tit. 21 § 1277 (H)

 

For the purposes of this section, "motor vehicle" means any automobile, truck, minivan, sports utility vehicle, or motorcycle, as defined in Section 1-135 of Title 47 of the Oklahoma Statutes, equipped with a locked accessory container within or affixed to the motorcycle.

Okla. Stat. tit. 21 § 1277 (I)

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.  

Open carry is legal in Oklahoma. However, places where firearms are prohibited apply to open carry as well as to concealed carry.

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.  

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply. 

Oklahoma law:
Business Owner's Rights
No person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.A property owner, tenant, employer, liquor store, place of worship or business entity may prohibit any person from carrying a concealed or unconcealed firearm on the property. If the building or property is open to the public, the property owner, tenant, employer, liquor store, place of worship or business entity shall post signs on or about the property stating such prohibition.The otherwise lawful carrying of a concealed or unconcealed firearm by a person on property that has signs prohibiting the carrying of firearms shall subject the person to being denied entrance onto the property or removed from the property. If the person:

  1. Has been informed by the property owner, business entity or manager of the business that the person is in violation of a policy that prohibits firearms on the property; and
  2. Refuses to leave the property and a peace officer is summoned, the person shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).

Okla. Stat. tit. 21 § 1290.22

 

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

Oklahoma law:

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of:

  • beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug;
  • any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.

Okla. Stat. tit. 21 § 1289.9

 

Carrying Firearms Where Liquor is Consumed

  • It shall be unlawful for a person to carry or possess any weapon designated in Section 1272 of this title in any establishment where the sale of alcoholic beverages, as defined by Section 1-103 of Title 37A of the Oklahoma Statutes, constitutes the primary purpose of the business.
  • It shall be lawful for a person to carry or possess any weapon designated in Section 1272 into any restaurant or other establishment licensed to dispense alcoholic beverages where the sale of alcoholic beverages does not constitute the primary purpose of the business.

Okla. Stat. tit. 21 § 1272.1

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.  

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.  

Oklahoma law:

FIREARMS IN VEHICLES 

  • Any person who is not otherwise prohibited by law from possessing or purchasing a firearm and is not carrying or transporting a firearm in the furtherance of a crime may transport in or on a vehicle a firearm, loaded or unloaded, at any time.
  • Any person, eighteen (18) to twenty (20) years of age, who is not otherwise prohibited by law from possessing or purchasing a firearm and is not carrying or transporting a firearm in the furtherance of a crime may transport in or on a vehicle, open or concealed, an unloaded firearm at any time.
  • It shall be unlawful for any person transporting a firearm in or on a vehicle to fail or refuse to identify that the person is in actual possession of a firearm when demanded by a law enforcement officer of this state during any arrest, detainment or routine traffic stop.  Any person who violates the provisions of this subsection may be issued a citation for an amount not to exceed One Hundred Dollars ($100.00).

Okla. Stat. tit. 21 § 1289.7

 

IMPROPER TRANSPORTATION OF FIREARM

  • Any person stopped pursuant to a moving traffic violation who is transporting a firearm in or on the vehicle in violation of any law related to the carrying or transporting of firearms in the vehicle, may be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law.
  • Any firearm lawfully carried or transported as permitted pursuant to state law shall not be confiscated, unless:
    • The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon and ammunition shall be returned to the person; or
    • The officer has probable cause to believe the weapon is: a. contraband, or b. a firearm used in the commission of a crime other than a violation of subsection A of this section. C. Nothing in this section shall be construed to require confiscation of any firearm.

Okla. Stat. tit. 21 § 1289.13A

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.  

Oklahoma law:

Allowing Minors to Possess Firearms

  • It shall be unlawful for any person within this state to sell or give to any child any of the arms or weapons designated in Section 1272 of this title; provided, the provisions of this section shall not prohibit a parent of a child or legal guardian of a child, or a person acting with the permission of the parent of the child or legal guardian of the child, from giving the child a firearm for participation in hunting animals or fowl, hunter safety classes, education and training in the safe use and handling of firearms, target shooting, skeet, trap or other sporting events or competitions, except as provided in subsection B of this section.
  • It shall be unlawful for any parent or guardian to intentionally, knowingly, or recklessly permit his or her child to possess any of the arms or weapons designated in Section 1272 of this title, including any firearm, if such parent is aware of a substantial risk that the child will use the weapon to commit a criminal offense or if the child has either been adjudicated a delinquent or has been convicted as an adult for any criminal offense that contains as an element the threat or use of physical force against the person of another.
  • It shall be unlawful for any child to possess any of the arms or weapons designated in Section 1272 of this title, except firearms used for participation in hunting animals or fowl, hunter safety classes, education and training in the safe use and handling of firearms, target shooting, skeet, trap or other sporting events or competitions. Provided, this section shall not authorize the possession of such weapons by any person who is subject to the provisions of Section 1283 of this title.
  • Any person violating the provisions of this section shall, upon conviction, be punished as provided in Section 1276 of this title, and, any child violating the provisions of this section shall be subject to adjudication as a delinquent. In addition, any person violating the provisions of subsection A or B of this section shall be liable for civil damages for any injury or death to any person and for any damage to property, as provided in Section of Title 23 of the Oklahoma Statutes, resulting from any discharge of a firearm by the child or use of any other weapon that the person had given to the child or permitted the child to possess. Any person convicted of violating the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act may be liable for an administrative violation as provided in Section 1276 of this title.
  • As used in this section, "child" means a person under eighteen (18) years of age.

Okla. Stat. tit. 21 § 1273

Other Weapons Restrictions

PROHIBITED AMMUNITION
Any concealed or unconcealed handgun when carried in a manner authorized by the provisions of the Oklahoma Self-Defense Act and when loaded with any ammunition which is either a restricted bullet as defined by Section 1289.19 of this title or is larger than .45 caliber or is otherwise prohibited by law shall be deemed a prohibited weapon for purposes of the Oklahoma Self-Defense Act. Any person violating the provisions of this section shall be punished for a criminal offense as provided by Section 1272 of this title or any other applicable provision of law. In addition to any criminal prosecution for a violation of the provisions of this section, the licensee shall be subject to an administrative fine of Five Hundred Dollars ($500.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

21 O.S. § 1290.6

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. 

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state. 

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.   

Oklahoma is a quasi-duty-to-inform state. A person carrying a firearm is not required to immediately disclose that he/she is in possession of the firearm when contacted by a law enforcement officer. However a person must display a valid handgun license, valid military identification card, valid driver license, or state photo identification card upon demand by a law enforcement officer.

The law: The person shall be required to have possession of his or her valid handgun license , valid military identification card , valid driver license, or state photo identification card at all times when in possession of a firearm. The person shall display either a valid handgun license , valid military identification card, valid driver license, or valid state photo identification card as provided for qualified persons in this section on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed or concealed firearm shall not be disarmed or physically restrained unless the individual fails to display one of the following:

  1. A valid handgun license ;
  2. A valid military identification card;
  3. A valid driver license; or
  4. A valid state photo identification card

Okla. Stat. tit. 21 § 1290.8

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions. 

Oklahoma does not have Emergency Risk Orders ("Red Flag Laws).

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.  

Oklahoma Use of Force Law

To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases:

  1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting such officer or acting by such officer's direction;
  2. When necessarily committed by any person in arresting one who has committed any felony, and delivering such person to a public officer competent to receive such person in custody;
  3. When committed either by the person about to be injured, or by any other person in such person's aid or defense, in preventing or attempting to prevent an offense against such person, or any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense;
  4. When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct such person's child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by the child's refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree;
  5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, railroad car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force and violence used is not more than is sufficient to expel the offending passenger, with a reasonable regard to such passenger's personal safety; and
  6. When committed by any person in preventing a person who is impaired by reason of intellectual or developmental disability as defined by Section 1430.2 of Title 10 of the Oklahoma Statutes, a mentally ill person, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to such person's self or to another, or enforcing such restraint as is necessary for the protection of the person or for restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of the person.

Okla. Stat. tit. 21 § 643

 

Oklahoma Deadly Force Law

Homicide is also justifiable when committed by any person in any of the following cases:

  1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is;
  2. When committed in the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another or to terminate or prevent the commission of a forcible felony; or
  3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.

As used in this section, "forcible felony" means any felony which involves the use or threat of physical force or violence against any person.

Okla. Stat. tit. 21 § 733

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.  

Defense of Another - Justifiable Use of Non-Deadly Force A person is justified in using force in defense of another if that person reasonably believed that use of force was necessary to protect another from imminent danger of bodily harm. Defense of another is a defense although the danger to the personal security of another may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed that another was in imminent danger of bodily harm. The amount of force used may not exceed the amount of force a reasonable person, in the circumstances and from the viewpoint of the defendant, would have used to prevent the bodily harm.

21 O.S. § 643

 

Defense of Another - Justifiable Use of Deadly Force  A person was justified in using deadly force in defense of another person when the person using force reasonably believed that use of deadly force was necessary to (prevent death or great bodily harm to another)/(stop/prevent the commission of a felony that involved the use/(threat of) physical force/violence against any person). 

Defense of another is a defense although the danger to the life or personal security of the other person may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed the use of deadly force was necessary to (prevent death or great bodily harm to another)/(stop/prevent the commission of a felony that involved the use/(threat of) physical force/violence against any person).

21 O.S. § 733

 

Use of Force in Defense of Habitation

 The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.   

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all. 

Oklahoma "Castle Doctrine"

The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes, places of business or places of worship and have the right to establish policies regarding the possession of weapons on property pursuant to the provisions of Section 1290.22 of this title.
A person, regardless of official capacity or lack of official capacity, within a place of worship or a person, an owner, manager or employee of a business is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
  1. -
    1. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle, place of business or place of worship, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, occupied vehicle, place of business or place of worship.
    2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred; or
  2. The person who uses defensive force knew or had a reasonable belief that the person against whom the defensive force was used entered or was attempting to enter into a dwelling, residence, occupied vehicle, place of business or place of worship for the purpose of committing a forcible felony, as defined in Section 733 of this title, and that the defensive force was necessary to prevent the commission of the forcible felony.

Okla. Stat. tit. 21 § 1289.25 (A) and (B)

 

Oklahoma "Castle Doctrine" Exceptions

The presumption set forth in subsection B of this section does not apply if:

  1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person;
  2. The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
  3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, occupied vehicle, place of business or place of worship to further an unlawful activity.

Okla. Stat. tit. 21 § 1289.25

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

DEFENSE OF PROPERTY - JUSTIFIABLE USE OF NONDEADLY FORCE A person is justified in using force in preventing or attempting to prevent a trespass or other unlawful interference with real or personal property in his/her lawful possession. Defense of property is a defense although the danger to the property defended may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed the danger of interference to be imminent. The amount of force used may not exceed that amount of force a reasonable person, in the circumstances and from the viewpoint of the defendant, would have used to prevent the trespass or unlawful interference.

OUJI-CR 8-16

 

It is clear from the holdings of the Court of Criminal Appeals that, even though there may be a wrongful trespass, a property owner may not transcend reasonableness in the use of force to terminate the wrongful intrusion, and “reasonableness” in this context encompasses that force deemed necessary to defend the property trespassed upon, other than the taking or endangering of human life.

Buchanan v. State, 25 Okl. Cr. 198, 219 P. 420 (1923)

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits. 

Oklahoma law:

A person who uses defensive force, as permitted pursuant to the provisions of Oklahoma's defense-of-habitation law, is justified in using such defensive force and is immune from criminal prosecution and civil action for the use of such defensive force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant.

Okla. Stat. tit. 21 § 1289.25 (F)

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations. 

No Duty to Retreat A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

Okla. Stat. tit. 21 § 1289.25 (D

 

DEFENSE OF PERSON - RIGHT TO STAND YOUR GROUND
A person has no duty to retreat and has the right to stand his/her ground and meet force with force, including deadly force, if he/she is not engaged in an unlawful activity and is attacked in any place where he/she has a right to be, if he/she reasonably believes it is necessary to do so to prevent (death/(great bodily harm) to himself/herself/ another)/(the commission of a forcible felony).

OUJI-CR 8-15A

 

DEFENSE OF SELF-DEFENSE - NO DUTY TO RETREAT
A person who (was not the aggressor)/(did not provoke another with intent to cause an altercation)/(did not voluntarily enter into mutual combat) has no duty to retreat, but may stand firm and use the right of self-defense.

OUJI-CR 8-52

Self-Defense Limitations

DEFENSE OF SELF-DEFENSE - WHEN DEFENSE NOT AVAILABLE
Self-defense is permitted a person solely because of necessity. Self-defense is not available to a person who (was the aggressor)/(provoked another with the intent to cause the altercation)/(voluntarily entered into mutual combat), no matter how great the danger to personal security became during the altercation unless the right of self-defense is reestablished. A person who is the aggressor in an altercation is not entitled to the defense of self-defense. Ruth v. State, 581 P.2d 919 (Okl. Cr. 1978)

OUJI-CR 8-5

 

DEFENSE OF ANOTHER - WHEN DEFENSE NOT AVAILABLE
Defense of another is permitted as a defense solely because of necessity. Defense of another is not available to a defendant when the person on whose behalf the defendant intervened (was the aggressor)/(provoked another with the intent to cause the altercation)/(voluntarily entered into mutual combat), no matter how great the danger to personal security became during the altercation unless the right of defense of another is reestablished. Nor may a person use self-defense if that person has voluntarily entered into mutual combat. Jenkins v. State, 80 Okl. Cr. 328, 161 P.2d 90 (1945);

OUJI-CR 8-6

 

DEFENSE OF SELF-DEFENSE - AVAILABILITY TO A TRESPASSER
The defense of self-defense is available to a person who was a trespasser only if the trespasser availed or attempted to avail himself/herself of a reasonable means of retreat from the imminent danger of (death or great bodily harm)/(bodily harm) before repelling/(attempting to repel) an unlawful attack.

OUJI-CR 8-54

Use of Force Considerations

COMING SOON!

Use of Force Against Animals

COMING SOON!

Special Notes

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.

ARTICLE 2 § 26 – OKLAHOMA CONSTITUTION

 

Construing Authority of License   The authority to carry a concealed or unconcealed firearm as authorized by the provisions of the Oklahoma Self Defense Act shall not be construed to authorize any person to:

  1. Carry or possess any weapon other than an authorized firearm as defined by the provisions of Section 1289.3, 1289.4 or 1289.5 of this title;
  2. Carry or possess any firearm in any manner or in any place otherwise prohibited by law;
  3. Carry or possess any prohibited ammunition or any illegal firearm in violation of state law;
  4. Carry or possess any firearm when the person is prohibited by state law from carrying or possessing any firearm; or
  5. Point, discharge or use the firearm in any manner not otherwise authorized by law.

21 O.S. § 1290.7

 

Prohibiting Firearm Inquiry by Employer It shall be unlawful for any private employer doing business in this state to ask any applicant for employment information about whether the applicant owns or possesses a firearm. Any private employer who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00).

21 § 1289.27

 

Lawful Carry Protected It shall be lawful for a person to carry a concealed or unconcealed firearm on the following properties:

  1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state or federal governmental authority;
  2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law;
  3. Any property adjacent to a structure, building or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section;
  4. Any property designated by a city, town, county or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds; provided, nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed or unconcealed firearm into any structure, building , office space or event which is specifically prohibited by the provisions of subsection A of this section;
  5. Any property set aside by a public or private elementary or secondary school for the use or parking of any vehicle, whether attended or unattended; provided, however, the firearm shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property; and
  6. Any public property set aside temporarily by a county, city, town, public trust with a county, city or town as a beneficiary, or state governmental authority for the holder of an event permit that is without minimum-security provisions, as such term is defined in paragraph 7 of subsection A of this section; provided, the carry of firearms within said permitted event area shall be limited to concealed carry of a handgun unless otherwise authorized by the holder of the event permit.

Nothing contained in any provision of this subsection or subsection C of this section shall be construed to authorize or allow any person in control of any place described in subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license or otherwise in lawful possession of a firearm from carrying or possessing the firearm on the property described in this subsection.

21 O.S. § 1277B

 

Felony Pointing Firearms

Except for an act of self-defense, 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, armed security guards licensed by the Council on Law Enforcement Education and Training pursuant to the Oklahoma Security Guard and Private Investigator Act 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.

Okla. Stat. tit. 21 § 1289.16

 

POINTING A FIREARM - ELEMENTS
No person may be convicted of pointing a firearm unless the State has proved beyond a  reasonable doubt each element of the crime. These elements are:

  • First- willfully;
  • Second- pointing a shotgun/rifle/pistol/(deadly weapon), whether loaded or unloaded;
  • Third- at any person(s)
  • Fourth- without lawful cause;
  • Fifth- (for the purpose of threatening)/(with the intention of discharging the firearm)/(with any malice)/(for any purpose of injuring, either through physical injury or mental or emotional intimidation)/(for purposes of whimsy/humor/[a prank]/(in anger or otherwise).

OUJI-CR 6-42

Cases to Watch

COMING SOON!

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