If you choose to carry a handgun in the state of Oklahoma and find yourself accused of a weapons related offense while defending yourself, family, or property, a strong defense lawyer can help ensure that your rights are protected. M.K. Bailey attorneys have demonstrated success in defending clients against a variety of weapons, guns and violent crime cases. It is our goal to prevent these cases from going to trial.
A homicide is considered justifiable when it is committed without malice or criminal intent for the purpose of self-defense or the defense of others. When a person reasonably believes they are in imminent danger of losing their life or suffering substantial bodily injury at the hands of someone else and their defense results in death, the death is categorized as justifiable.
A homicide is considered excusable when it is committed by accident and misfortune upon any sudden and sufficient provocation, where no undue advantage is taken, and is committed without cruel intentions. When a homicide is proven to be committed with lawful means and usual caution for the necessity of self-defense or the defense of others, it can also be excusable.
In both circumstances when the defense of someone else results in death, there should be a special relationship between the defender and the person being defended. Some jurisdictions require that the defendant have a special relationship, like a parent-child or husband-wife relationship, to the person being defended.
The use of any physical force on another person in disagreement is generally illegal unless it fits within the strict requirements of legal justification. The conditions must be of extreme necessity as a last resort when all lesser means have failed. Oklahomans who carry a loaded weapon carry greater potential of using deadly force, and should be familiar with the new state law regarding gun carry before violent acts occur.
Open Carry Law
As of November 2, 2012 a change in legislation expanded Oklahoma’s current concealed firearm provisions to now include open carrying. The modified official law authorizes a person to carry a handgun, whether loaded or unloaded, which is less than 16 inches in length and contains no more than .45 caliber ammunition in a belt or shoulder holster that is wholly or partially visible, or in a scabbard or case designed for carrying firearms.
Passed by the Oklahoma House and Senate, SB 1733 was signed into law by Governor Mary Fallin on May 15, 2012. Thus, current concealed carry statutory provisions that govern eligibility and licensing requirements, and define permitted locations will now be applied to open carry provisions as well. This includes licenses that have been previously issued by the Oklahoma State Bureau of Investigation (OSBI).
Business and property owners may prohibit persons from carrying weapons onto the premises; however, they cannot be prohibited from keeping firearms in a locked vehicle which is on business and private owner’s property.
Anyone who willfully discharges any type of gun, air gun, missile, or weapon in a public place, or in any place where there is a person is guilty of a misdemeanor, even if no one is injured. If convicted of this violation, that individual will have his/her gun license suspended for 6 months, upon a hearing by the OSBI. On the other hand, when a firearm is discharged in an area where there is a person knowingly, that is a felony.
Illegal Gun Possession
It is unlawful for a felon to possess any firearm or to have a firearm in any vehicle. This same prohibition applies to anyone adjudicated a delinquent child for an offense which would have constituted a felony if committed by an adult, for ten years after such adjudication.
It is unlawful to sell or give any firearm to any person under 18 years of age, except a rifle or shotgun given by a parent to a child for education, hunting, or sport. Any weapon confiscated from a minor during arrest is subject to forfeiture.
How We Can Help
When it comes to firearm revocation due to a violation in gun registry, many Oklahomans are unaware that they are entitled to a hearing before the revocation is finalized. While it is required to hand over the weapon and license to authorities upon arrest, the law allows for your case to be heard before a permanent decision is made regarding your license.
Unfortunately, you may have to reach for your personal firearm as a countermeasure to abduction, robbery, or security. As advocates of personal protection, M.K. Bailey Law Offices can provide an Oklahoma City criminal lawyer who is dedicated to advocating for your rights and protecting your CPL.