Under the Sixth Amendment of the U.S. Constitution, all persons have the right to an attorney in any criminal proceedings. Those facing potential jail time in a criminal trial must be provided with an attorney, or they will not be able to sentenced by the state. To meet this constitutional requirement, criminal courts will appoint an attorney to defend an individual facing criminal charges.
The Second Amendment gives all Americans the right to own and possess guns. And while using a gun in an act of unjustified violence is of course illegal and can send you to prison for many years, there are many ways in which using a gun without actually firing it can land you behind bars in Oklahoma just the same. One way is in simply pointing a gun at another person. Below we discuss Oklahoma’s criminal penalties for pointing a gun at another person, and defenses that an experienced criminal defender might argue on your behalf to avoid criminal conviction and jail time.
Oklahoma’s “Felony Pointing Firearms” Law
Under Section 1289.16 of the Oklahoma Self-Defense Act, it is a felony offense “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.”
Gun Possession and Alcohol in OklahomaWhile there are a number of laws related to gun possession in Oklahoma, it is worth noting here that there are several rules relating to guns and alcohol, as alcohol use is frequently connected with traffic stops.