Reckless Handling of a Firearm is a tricky offense. Take for instance, the 1985 Oklahoma case of Withers v. State. Danny Withers received charges of reckless handling of a firearm. After leaving a bar in the early hours of the morning, he drew his weapon in anticipation of a brawl. He and his two friends were significantly outnumbered. His threatening shot above the heads of the possible attackers was reckless handling of a firearm because he discharged the shot outside of a bar where intoxicated people were present and likely easily inflamed. Some people may see this as an unfair verdict. Thus, if you are in a similar situation and feel the charges against you are unfair, give us a call.
Elements of Reckless Handling of a Firearm:
Under Oklahoma law, Okla. Stat. tit. 21 §1289.11, to be in violation of firearm safety the State must prove several elements. First, the defendant must act in a reckless way while in possession of a firearm. This reckless act must have the possibility of resulting in great bodily injury or possible death of another. Finally, the possessor of the firearm must understand that their behavior could result in great harm to another and consciously disregard that possibility.
Penalties for Reckless Handling of a Firearm:
Reckless handling of a firearm in Oklahoma is a misdemeanor. If a person with a handgun license acts in a reckless way with their firearm, fines can reach up to $1,000 and their handgun license may be subject to revocation. Further, Okla. Stat. tit. 21 §1289.15 describes the other penalties for reckless handling of a firearm. This includes imprisonment between 10 and 60 days in the county jail and/or a fine of $50 to $500.
Reckless Handling of a Firearm Lawyers in Tulsa:
Our attorneys understand there are two sides to every event. A criminal charge like the reckless handling of a firearm could land you in jail. The charge once on your criminal record may hinder your ability to get a job. If you believe you’ve unjustly received charges and penalties due to protecting yourself or another, call us at 918.416.0358 or fill out this form for as free consultation with a criminal defense attorney in Tulsa.