Oklahoma § 21-1287

§ 21-1287.

Use of firearm while committing a felony.

USE OF FIREARM WHILE COMMITTING A FELONY

A. Any person who, while committing or attempting to commit a

felony, possesses a pistol, shotgun or rifle or any other offensive

weapon in such commission or attempt, whether the pistol, shotgun or

rifle is loaded or not, or who possesses a blank or imitation

pistol, altered air or toy pistol, shotgun or rifle capable of

raising in the mind of one threatened with such device a fear that

it is a real pistol, shotgun or rifle, or who possesses an air gun

or carbon dioxide or other gas-filled weapon, electronic dart gun,

conductive energy weapon, knife, dagger, dirk, switchblade knife,

blackjack, ax, loaded cane, billy, hand chain or metal knuckles, in

addition to the penalty provided by statute for the felony committed

or attempted shall, upon conviction, be guilty of a Class B4 felony

offense for possessing such weapon or device, which shall be a

separate offense from the felony committed or attempted and shall be

punishable by imprisonment in the custody of the Department of

Corrections for a period of not less than two (2) years nor for more

than ten (10) years for the first offense, and guilty of a Class B1

felony offense punishable for a period of not less than ten (10)

years nor more than thirty (30) years for any second or subsequent

offense.

B. Any person convicted of violating the provisions of this

section after having been issued a handgun license pursuant to the

Oklahoma Statutes - Title 21. Crimes and Punishments

provisions of the Oklahoma Self-Defense Act shall have the license

revoked and shall be liable for an administrative fine of One

Thousand Dollars ($1,000.00) upon a hearing and determination by the

Oklahoma State Bureau of Investigation that the person is in

violation of the provisions of this section.

C. As used in this section:

1. "Altered toy pistol" shall mean any toy weapon which has

been altered from its original manufactured state to resemble a real

weapon; and

2. "Altered air pistol" shall mean any air pistol manufactured

to propel projectiles by air pressure which has been altered from

its original manufactured state.

Added by Laws 1969, c. 220, § 1. Amended by Laws 1976, c. 111, § 1;

Laws 1982, c. 173, § 3, emerg. eff. April 16, 1982; Laws 1995, c.

272, § 38, eff. Sept. 1, 1995; Laws 1997, c. 133, § 329, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 222, eff. July 1, 1999;

Laws 2006, c. 62, § 2, emerg. eff. April 17, 2006; Laws 2007, c.

162, § 2, eff. Nov. 1, 2007; Laws 2012, c. 259, § 10, eff. Nov. 1,

2012; Laws 2021, c. 146, § 3, eff. Nov. 1, 2021; Laws 2021, c. 265,

§ 3, eff. Nov. 1, 2021; Laws 2025, c. 486, § 59, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 329 from July 1, 1998, to July 1, 1999.

NOTE: Laws 2021, c. 146, § 3 and Laws 2021, c. 265, § 3 made

identical amendments.