Pointing A Firearm
Pointing a Firearm at a person is unlawful in Oklahoma, unless you have a legal justification. Usually, this is done to intimidate, threaten, or harm another person. To willfully point a firearm at another person only requires a purposeful action and does not require any intent to violate the law, injure, or acquire any advantage over another.
Lawful causes include the pointing of shotguns, rifles, or pistols by law enforcement authorities, members of the State Military Forces in the form of the Oklahoma Army or Air National Guard, members of the Federal Military Reserve and active military components in the performance of their official duties or by any federal government law enforcement officer in the performance of his/her duty, or in the performance of a play on stage or at a rodeo, on television, on film, or in defense of one’s person/home/property.
The statute for Pointing a Firearm is OKLA. STAT. tit. 21 § 1289, which states “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, 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.”
Elements of the Crime
In order to be convicted of Pointing a Firearm in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
2) pointing a shotgun, rifle, pistol, or deadly weapon, whether loaded or unloaded;
3) at any person(s);
4) without lawful cause;
5) for the purpose of threatening, with the intention of discharging the firearm, with any malice, for any purpose of injuring or intimidation, or for purposes of whimsy, humor, a prank, or in anger or otherwise.
Oklahoma Jury Instruction #6-42.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Pointing a Firearm in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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