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State of Oklahoma v. Michael Anthony Smith
Date: 04-20-2026
Case Number: CF-2024-3441
Judge: Doug Drummond
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Abby Banks
Defendant's Attorney: Oliver Orbogast
Description:
Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with possession of a firearm AFCF in violation of 21 O.S. 1283, which provides:
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the provisions of the Oklahoma Self-Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun or toy rifle, while such person is subject to supervision, probation, parole or inmate status. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine of Two Hundred Fifty Dollars ($250.00).
F. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any firearm authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.
H. For purposes of this section, "sawed-off shotgun" or "sawed-off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length.
I. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
J. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.
K. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court.
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the provisions of the Oklahoma Self-Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun or toy rifle, while such person is subject to supervision, probation, parole or inmate status. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine of Two Hundred Fifty Dollars ($250.00).
F. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any firearm authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.
H. For purposes of this section, "sawed-off shotgun" or "sawed-off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length.
I. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
J. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.
K. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court.
Outcome:
0-2026
JUDGE DOUG DRUMMOND: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY OLIVER ARBOGAST. STATE REPRESENTED BY ABBY BANKS. COURT REPORTER: WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO JURY TRIAL / NON-JURY TRIAL AND ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:
COUNT 1) FOUR (4) YEARS DEPARTMENT OF CORRECTIONS, WITH THE FIRST TWO (2) YEARS TO BE SERVED IN DEPARTMENT OF CORRECTIONS CUSTODY AND THE LAST TWO (2) YEARS TO BE SUSPENDED. DEFENDANT TO BE UNDER THE SUPERVISION OF DEPARTMENT OF CORRECTIONS. DEFENDANT TO PAY COURT COSTS. DEFENDANT TO FOLLOW ALL RULES AND CONDITIONS OF SUPERVISION.
COUNT 2) DISMISSED COSTS TO STATE.
CASE RUNS CONCURRENTLY WITH CF-2021-515. DEFENDANT RECEIVES CREDIT FOR TIME SERVED BETWEEN 9/11/2024 TO 4/20/2026.
DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. COMMITMENT FOR PUNISHMENT AND RELEASE ISSUED. IMMEDIATE TRANSPORTATION.
JUDGE DOUG DRUMMOND: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY OLIVER ARBOGAST. STATE REPRESENTED BY ABBY BANKS. COURT REPORTER: WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO JURY TRIAL / NON-JURY TRIAL AND ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:
COUNT 1) FOUR (4) YEARS DEPARTMENT OF CORRECTIONS, WITH THE FIRST TWO (2) YEARS TO BE SERVED IN DEPARTMENT OF CORRECTIONS CUSTODY AND THE LAST TWO (2) YEARS TO BE SUSPENDED. DEFENDANT TO BE UNDER THE SUPERVISION OF DEPARTMENT OF CORRECTIONS. DEFENDANT TO PAY COURT COSTS. DEFENDANT TO FOLLOW ALL RULES AND CONDITIONS OF SUPERVISION.
COUNT 2) DISMISSED COSTS TO STATE.
CASE RUNS CONCURRENTLY WITH CF-2021-515. DEFENDANT RECEIVES CREDIT FOR TIME SERVED BETWEEN 9/11/2024 TO 4/20/2026.
DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. COMMITMENT FOR PUNISHMENT AND RELEASE ISSUED. IMMEDIATE TRANSPORTATION.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Oklahoma v. Michael Anthony Smith?
The outcome was: 0-2026 JUDGE DOUG DRUMMOND: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY OLIVER ARBOGAST. STATE REPRESENTED BY ABBY BANKS. COURT REPORTER: WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO JURY TRIAL / NON-JURY TRIAL AND ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO: COUNT 1) FOUR (4) YEARS DEPARTMENT OF CORRECTIONS, WITH THE FIRST TWO (2) YEARS TO BE SERVED IN DEPARTMENT OF CORRECTIONS CUSTODY AND THE LAST TWO (2) YEARS TO BE SUSPENDED. DEFENDANT TO BE UNDER THE SUPERVISION OF DEPARTMENT OF CORRECTIONS. DEFENDANT TO PAY COURT COSTS. DEFENDANT TO FOLLOW ALL RULES AND CONDITIONS OF SUPERVISION. COUNT 2) DISMISSED COSTS TO STATE. CASE RUNS CONCURRENTLY WITH CF-2021-515. DEFENDANT RECEIVES CREDIT FOR TIME SERVED BETWEEN 9/11/2024 TO 4/20/2026. DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. COMMITMENT FOR PUNISHMENT AND RELEASE ISSUED. IMMEDIATE TRANSPORTATION.
Which court heard State of Oklahoma v. Michael Anthony Smith?
This case was heard in District Court, Tulsa County, Oklahoma, OK. The presiding judge was Doug Drummond.
Who were the attorneys in State of Oklahoma v. Michael Anthony Smith?
Plaintiff's attorney: Abby Banks. Defendant's attorney: Oliver Orbogast.
When was State of Oklahoma v. Michael Anthony Smith decided?
This case was decided on April 20, 2026.