State of Oklahoma v. J.Z.H.

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with felony pointing a firearm, in violation of 21 O.S. 1289.16, which provides:

A. It shall be lawful to point a firearm, knife, or any other deadly weapon at another person or persons by:

1. A person who can legally own or possess a weapon pursuant to the provisions of Section 1272 of this title:

a. during an act of self-defense, or

b. in defense of real or private property, whether owned, leased, or occupied by permission of the property owner and whether or not the person possesses a valid handgun license issued pursuant to the Oklahoma Self-Defense Act;

2. A person in the defensive display of a firearm or other deadly weapon, as provided for in Section 1289.25 of this title;

3. Law enforcement authorities in the performance of their duties;

4. Armed security guards licensed by the Council on Law Enforcement Education and Training pursuant to the Oklahoma Security Guard and Private Investigator Act in the performance of their duties;

5. Members of the state military forces in the performance of their duties;

6. Members of the federal military reserve and active military components in the performance of their duties;

7. Any federal government law enforcement officer in the performance of any duty; or

8. Any person during the performance of a play on stage, while participating in a rodeo, or when participating in a television program or film project.

B. It shall be unlawful for any person to willfully and without lawful cause point a firearm, knife, or any other deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation, or for purposes of whimsy, humor, or prank, or in anger or otherwise.

C. Any person convicted of a violation of the provisions of this section shall be guilty of a Class B4 felony offense and shall be punished as provided in Section 1289.17 of this title.

: DEFENDANT PRESENT, REPRESENTED BY MARK CAGLE. STATE REPRESENTED BY DANNY ANSON. CASE DISMISSED COST TO STATE FOR FAILURE OF PROSECTIONS WITNESS TO COOPERATE. BOND EXONERATED.