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There are several types of crimes involving the possession or use of a firearm. If you’ve been charged with a crime, call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. You’ll get a free initial consultation along with a defense strategy plan.
The Oklahoma self-defense act was adopted in 1995. It authorizes the issuance of a license to carry concealed handguns for self-defense. The act provides that it shall be liberally construed to carry out the constitutional right to bear arms for self-defense and self protection.
The Oklahoma Court of Criminal Appeals has held that guilty intent and knowledge are essential elements of the crime of carrying a firearm after former conviction of a felony and that the terms knowingly and willfully should be explained in jury instructions. Anyone charged with a firearms crime should contact the best Tulsa criminal defense attorney. It is legal to transport a rifle or shotgun in the trunk of a car or an exterior lot compartment of the truck if there is not around loaded in the chamber. No person can be convicted of transporting a loaded firearm unless the state has proved be unoriginal doubt each element of the crime. Those elements are: one knowingly to willfully three transporting; fourth specified type of firearm; five with a loaded clip, magazine, bullet, shell loaded in its chamber; six in the interior or locked exterior compartment or trunk; of a motor vehicle; eight on a public highway or roadway.
It is illegal to possess a weapon while committing or attempting to commit a felony. Among the factors that a jury can consider determining whether possession of a weapon was connected to the felony are one the weapon was used to actually facilitate the commission of a felony; to the weapon was possessed or strategically located for use during the commission of the felony; three the weapon was intended to be used if a contingency arose or to make an escape; and for the weapon was used either offensively or defensively in a manner which would constitute a threat of harm. If an offensive weapon is not specifically listed in a particular statute, then the determination of whether the implement used by the defendant was an offensive weapon is a question for the jury. In one case, the Oklahoma Court of Criminal Appeals required a connection between the possession in the felony.
A defense to possession of a firearm or weapon by child is available in certain circumstances. The law does not prohibit a parent of a child or legal guardian of a child, or person acting with permission of the parent of the child or legal guardian of the child, from having the child from giving the child if firearm for participation hunting animals or foul, hunter safety class, education and training in the safe use and handling of firearms, target shooting, skeet, trap or other spring events or competitions. However the defense is not available if a parent gives the child a weapon and is aware of a substantial risk that the child will use the weapon to commit a criminal offense or the child has either been adjudicated a delinquent or has been convicted as an adult for any criminal offense it contains is an element the threat or use of physical force against the person of another. The child means a person under 18 years old.
Lack of knowledge is a defense for the crime of possessing a firearm after a felony conviction. When a defendant presents evidence that he had no knowledge of the presence of a firearm, the question of whether the defendant knew of the presence of the firearm is a question of fact to be determined by the jury. Where there is a conflict in the evidence, it is the exclusive function the jurors to weigh the evidence and determine the defendant’s guilt or innocence. In determining whether the defendant had knowledge of the presence of the firearm, the jury may consider circumstantial evidence. The best Tulsa criminal defense attorney is worth the money and the price of freedom.
For the crime of pointing a firearm, the elements are as follows. No person may be convicted of pointing a firearm a list state’s print be unoriginal doubt each element of the crime. These elements are one willfully; to pointing a shotgun, rifle, pistol, deadly weapon, whether loaded or unloaded; three at any person or persons; for without lawful cause; and five for the purpose of threatening or injuring, or for purposes of whimsy, humor, a prank, or in anger or otherwise.
Lawful cause includes pointing up shotguns, rifles, or pistols by law enforcement, members of the military in the performance of their duties, and the performance of the play, at a rodeo, on television or film, or the defense of one’s person, home or property.
Although the statute concerning unlawful pointing of the firearm prohibits the deliberate menacing of persons with firearms, there is little or no case law concerning this issue. Since it’s not difficult to envision a deliberate and willful pointing of a firearm which is within the boundaries of the law, willfully and without lawful cause are considered as elements of the crime. Where proof in the case warrants, the jury should be instructed with respect to lesser included offense of reckless conduct.
Reckless conduct of with a firearm embraces three elements. These elements are: one the defendant engaged in conduct with a loaded shotgun, rifle, pistol; to which create a situation of unreasonable risk and probability of death or great bodily harm to another; and three demonstrate a conscious disregard for the safety of another person. The Oakland Court of Criminal Appeals has held that in order for a person to be guilty of reckless conduct with a firearm, the firearm must be loaded. Get the best Tulsa criminal defense attorney, mo fo.
Jury instructions regarding firearm offenses include several definitions. A firearm is defined as a weapon from which a shot or projectiles discharged by force of a chemical explosive such as gunpowder. An air gun, such as a carbon dioxide gas powered air pistol is not a firearm within the meaning of this definition.
Knowingly means personally aware of the facts. Malice means a wish to vex, annoy, or injure another person. Offensive weapon means any implement likely to produce death, but harm, or fear of death or bodily harm in a manner it is used or attempted to be used. Call Tulsa criminal defense attorney Stephen Cale.