What Does Possession of a Weapon Legally Mean in Oklahoma?
Hi, I’m Aaron Grubb, a Tahlequah felony attorney at Wirth Law Office. In this video, I’m going to explain the statutory definition of possession of a weapon in Oklahoma.
I’ve got the jury instruction in front of me—this is CR 6-45—which defines possession as either:
Defining Possession of a Weapon
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- Actual physical custody—meaning you’re holding the weapon or have it on your person.
- Knowledge of the weapon’s presence—for example, if the weapon is in the backseat of your car, and you’re aware it’s there, even if you’re not physically holding it.
Another element is having the power and intent to control its use or disposition. That means if you have the physical ability and intent to operate the weapon—such as being able to cock it and pull the trigger—then the law considers you to be in possession of it. This is generally an easy threshold for the prosecution to meet.
If you’re facing a charge for possession of a firearm or any other criminal offense, it’s important to understand how these definitions can affect your case. Please contact Tahlequah criminal defense attorney Aaron Grubb at Wirth Law Office—we can help.
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