Despite Oklahoma’s constitutional carry laws, the state has strict statutes governing the possession, transport, and use of firearms. You can face serious legal consequences if you are charged with a weapons offense. At Josh Lee & Associates, an Oklahoma City weapons offenses lawyer can explain the range of potential penalties you may face for gun charges and how state law applies to your situation.
The Distinction Between Misdemeanors and Felonies
Oklahoma generally classifies gun charges as either misdemeanors or felonies, and the difference between the two has a significant impact on potential penalties. Misdemeanor weapons offenses typically involve less serious conduct and carry lower maximum penalties. Felony gun charges involve more serious allegations or prior criminal history and can result in harsher consequences. Understanding how the state classifies a charge is one of the first steps in determining your exposure under Oklahoma law.
Misdemeanor Gun Charges
Oklahoma law includes several misdemeanor firearm violations that are less severe than felonies but can still result in a criminal record. Examples include carrying a firearm while under the influence, reckless handling of a weapon, unlawful transport, and possession in certain prohibited locations. The penalties for misdemeanors vary, but they can include fines of up to $1,000 and up to one year in jail, depending on the specific offense.
Felony Gun Charges
When a firearm-related offense involves dangerous conduct or a prohibited status, the state will likely file felony charges. Examples include possession after a former conviction of a felony, carrying during a felony, possession on school grounds, and possessing illegal weapons. Felony gun charges can carry prison sentences of up to 10 years and fines of up to $10,000, depending on the specific charge and the defendant’s criminal history.
Federal Gun Charges
Some firearm offenses may be prosecuted in federal court. This can happen when a gun charge involves interstate activity, prohibited firearms, prior felony convictions, or allegations tied to federal investigations. Federal gun cases often carry more severe penalties and follow different procedures than state cases. Whether a charge is handled at the state or federal level can significantly affect the potential consequences.
Enhanced Penalties and Special Circumstances
Oklahoma’s criminal code provides for enhanced punishments in several situations involving firearms. For instance, using a firearm while committing a violent crime, discharging a firearm in a prohibited area, or possessing certain restricted weapons can lead to longer prison sentences and larger fines.
Another factor that can affect sentencing is prior convictions. Individuals with previous violent or felony convictions can face harsher penalties for subsequent firearm offenses, including longer mandatory minimum terms.
Collateral Consequences
The long-term consequences of a gun conviction can be just as disturbing as jail time or fines. A felony weapons conviction can permanently restrict or revoke your right to own or possess a firearm. In some situations, it can also impact fundamental civil rights, such as your ability to vote or serve on a jury.
A weapons charge on your record can also affect your daily life in unexpected ways. Employers often run background checks, and a gun conviction can limit job opportunities, especially in careers that require licenses, security clearances, or a high level of trust. It may also make it more difficult to rent a home or maintain a positive reputation within your community.
Juveniles and adults also face different penalties. Minors convicted of a gun charge may be placed on probation, ordered to perform community service, or required to engage in counseling. Adults are more likely to face imprisonment and long-term consequences for their criminal record. These lasting consequences are why you should take an Oklahoma gun charge seriously, even if the penalties do not initially seem severe. Call our OKC criminal defense lawyer today.
