Despite Oklahoma’s permitless carry law, you can still face gun charges if you don’t follow other state laws regarding when and where you carry. Violating these laws could result in losing your right to own a firearm, so it’s important to know what steps you can take if you are arrested for a weapons offense in Oklahoma City.
In this post, an Oklahoma City weapons offenses lawyer from Josh Lee & Associates discusses key actions that could benefit or harm your case.
Oklahoma Gun Laws Protect Your Rights and Enforce Restrictions
Under the Oklahoma Self-Defense Act, you have the right to protect yourself under the “stand your ground” doctrine if your home or body is under threat. In 2019, Governor Kevin Stitt signed HB 2957 into law, establishing “Constitutional carry” and removing the requirement to obtain a permit for carrying a firearm.
However, there are still important rules gun owners must follow, such as:
- You must be at least 21 years old (18 if you are in the military).
- You cannot have any disqualifications that prevent you from purchasing a firearm.
- You cannot carry a weapon (concealed or unconcealed) in schools, sports arenas, gambling establishments, or government buildings.
- You cannot carry a firearm on private property if the owner prohibits it.
- You must pass a background check to purchase a weapon.
- You must answer truthfully to law enforcement officers when asked if you are carrying weapons.
- You cannot own or buy a gun if you have a felony conviction on your record.
Unfortunately, you may face additional offenses on top of a weapons charge in Oklahoma if drugs, theft, or violence are involved. Also, there are different penalties for juveniles and adults with weapon charges.
Potential Penalties for Weapons Charges in Oklahoma
The possible penalties for gun charges in Oklahoma include:
- Misdemeanor charges: Carrying a firearm while under the influence of alcohol, possessing a gun in a prohibited location, or recklessly handling a weapon can result in a sentence of up to 1 year in county jail and up to $1,000 in fines.
- Felony charges: If you carry a gun on school grounds or illegally own a firearm, you could receive up to 10 years in state prison and $10,000 in fines if convicted.
- Federal charges: The Department of Justice notes that you could face at least 5 years and up to 10 years in federal prison for weapons convictions.
You could end up undergoing both state and federal criminal trials, potentially receiving consecutive sentences in each prison if your actions involved government property or employees. Reducing these penalties isn’t easy, and you need a criminal defense attorney with experience in creating appropriate defense strategies.
Steps to Take After Your Weapons Charge Arrest in Oklahoma
Until you talk to your defense attorney, you can still act to protect yourself from unfair circumstances that could make your charges worse. For example, we recommend the following:
- Remain silent: You do not have to talk to police officers about what happened or answer any questions. Staying quiet helps you avoid common tactics police use to get a confession.
- Cooperate with authorities: Although you don’t have to say anything, you should avoid resisting arrest or refusing to comply with the intake procedures, such as fingerprinting. Stay calm and wait for your lawyer.
- Ask for your attorney immediately: Don’t answer any questions and don’t believe anything the officers tell you. Continue to ask for your lawyer until they arrive.
- Be honest with your lawyer: Tell them the truth about everything, which helps your attorney prepare for what the prosecution may try to use against you.
- Follow the rules if you’re released on bail: Don’t do anything that could violate your bail terms or make the charges worse.
Your OKC defense attorney will work to have evidence thrown out, demonstrate possible illegal actions by law enforcement, and try to reduce your penalties. It’s essential that you collaborate with your lawyer, since a conviction can dramatically affect your future employment, housing, voting, and gun ownership rights. To learn more about how we can defend you in Oklahoma City, contact Josh Lee & Associates for a free consultation today.
