What Is the Statutory Definition of Pointing a Firearm in Oklahoma?
Hi, my name is Aaron Grubb. I’m the Tahlequah felony defense attorney at Wirth Law Office. In this video, we’re going to discuss the statutory definition and legal elements of the crime of pointing a firearm in Oklahoma.
I’ve got the elements in front of me, and here’s what the State must prove to convict someone of this offense:
Key Legal Elements of Pointing a Firearm
1. Willful Act
The act must be willful, meaning it was done intentionally and not under force or coercion. This is a question of intent.
2. Pointing a Deadly Weapon
The firearm can be loaded or unloaded—it doesn’t matter. The law applies to any weapon capable of discharging a high-velocity projectile, regardless of whether it was actually operable at the time.
This means that even if the gun was not in working condition, the act of pointing it still fulfills the requirement of this element.
3. At Any Person
The weapon must be pointed at a person. Pointing it at a dog, a tree, or another object does not meet this element.
4. Without Lawful Cause
This element distinguishes unlawful actions from justified ones.
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- Lawful cause includes instances like self-defense or police officers performing official duties.
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- For example, if someone points a firearm at you first and you respond in self-defense while fearing for your life, that may qualify as a lawful cause.
If there is no valid lawful justification, this element is satisfied.
5. Intent and Consequences in Firearm Cases
The prosecution must show that the act was done for one of the following purposes:
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- To threaten
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- To injure (physically or emotionally)
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- With intent to discharge the firearm
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- With malice or anger
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- Even as a prank—if it causes fear or emotional harm, it can still meet this element
The law casts a wide net when it comes to intent. Even if the act was meant as a joke, if it caused fear or distress, it may still qualify under the statute.
If you have questions about any of these elements or are facing a criminal or civil case, please contact Tahlequah criminal defense attorney Aaron Grubb at Wirth Law Office. We’re here to help.
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Don’t wait—call us today at (918) 458-2677 for a low-cost initial strategy session. We’re ready to assist you with your legal questions and concerns.
