If you have a license and own a firearm in Tulsa, Oklahoma, do not point it at another even as a prank. You could face charges even though you did not intend to cause any harm. Feloniously pointing a firearm at another is a severe crime in Tulsa, Oklahoma, except as an act of self-defense.
The law treats the offense as a felony in Tulsa. A defendant found guilty of this crime could do a lot of time in prison.
What Is Feloniously Pointing A Firearm In Tulsa?
Two different Oklahoma statutes describe pointing a gun feloniously at another. Oklahoma laws forbid pointing a firearm or any other deadly weapon at another, whether loaded or not, for no specific reason. A person who points a gun at another other than in self-defense faces misdemeanor charges. Okla. Stat. tit. 21 § 1279
Another statute forbids:
- willfully pointing a shotgun, pistol, rifle, or any other deadly weapon at another;
- threatening to use a firearm or discharge a gun with any malice or to injure
- either through physical, mental, or emotional intimidation, or
- for purposes of whimsy, humor, prank,
- in anger or otherwise.
Okla. Stat. tit. 21 § 1289.16
However, this statute does not forbid the pointing of shotguns, rifles, or pistols by law enforcement authorities and duly licensed armed security guards in the performance of their duties.
Elements Of The Crime
The prosecutor must prove the following elements of feloniously pointing a firearm at another beyond a shadow of a doubt to get a conviction.
- Willfully
- pointing a rifle, shotgun, pistol, or deadly weapon (loaded or unloaded)
- at any person
- without lawful cause
- intending to threaten or to discharge the firearm with malice
- to injure either through physical injury or
- mental or emotional intimidation
- as a prank, humor, or in anger.
OUJI-CR 6-42
Penalties For Feloniously Pointing A Firearm In Tulsa
The penalty for the misdemeanor offense of pointing a gun at another is 3 to 12 months in jail, a fine between $100 and $100, or both.
However, feloniously pointing a firearm at another could lead to 1 to 10 years in prison.
Also, the defendant’s firearms license could be revoked.
Get Help
If you are facing charges of feloniously pointing a firearm at another, you should talk to a Tulsa criminal attorney. Whether you are facing criminal or misdemeanor charges, getting convicted could lead to you spending a lot of time in prison.
A crime that involves spending time in prison should be treated with the seriousness it deserves. Do not talk with law enforcement or the prosecution before you speak to your lawyer. Our lawyers know Tulsa law and will work with you to improve your chances of getting a favorable outcome.
Initial Consultation: Tulsa Felony Defense Lawyer
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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