Oklahoma is a gun-friendly state that takes constitutional rights seriously. If you face a weapons-related charge, these constitutional protections can help you. A skilled defense attorney can get charges reduced or dismissed by finding constitutional issues in weapons cases. Pierce Law Firm P.C. understands gun rights because we’ve been defending individuals accused of weapon-related charges for over thirty years. Contact us today to get in touch with the proper felony defense litigators for your Norman weapons charge.
Constitutional Issues in Oklahoma Weapons Cases
Weapon charges often conflict with constitutional issues. Defending weapons cases requires a deep understanding of the Second, Fourth, and Fifth Amendments, which all provide protections for those accused of weapon offenses. The attorneys at Pierce Law Firm, P.C. are skilled in defending against constitutional violations.
Second Amendment Challenges
The Second Amendment guarantees the right to keep and bear arms. In McDonald v. City of Chicago, the US Supreme Court clarified that states cannot infringe on this right, meaning states cannot enact laws or regulations that unreasonably limit the Second Amendment.
Oklahoma’s Constitutional Carry law takes the Second Amendment quite literally. As of November 2019, people 21 and older can carry a firearm, openly or concealed, without a permit.
Despite Oklahoma’s general gun-friendliness, like all states, it has some laws that restrict access to and possession of firearms. One defense strategy is challenging these laws by arguing that they conflict with the Second Amendment by being overly broad or insufficiently justified by public safety concerns. For example, a defense attorney may say that a law prohibiting firearm possession by a felon is overly broad and, therefore, violates the Second Amendment.
Fourth Amendment Issues
The Fourth Amendment protects against unreasonable searches or seizures by law enforcement, which is crucial in weapons cases. You have a right to privacy in your home and other private places. Absent extenuating circumstances, police need a warrant to enter these locations. 22 OK Stat § 1223 (2023). If your right to privacy was violated in a search or seizure, the evidence found can’t be used against you. In some cases, this means the entire case will be dismissed. A good defense involves an in-depth understanding of the search and seizure process. This area of law is highly complicated and fact-specific, so you want to have an expert on your side.
Fifth Amendment Self-Incrimination Concerns
The Fifth Amendment protects defendants from self-incrimination in legal proceedings. In Miranda v. Arizona, the Supreme Court extended this protection to statements obtained during police questioning. Police must provide “Miranda Warnings” to people taken into custody. Violating the Fifth Amendment’s protection against self-incrimination, whether by failing to provide the Miranda Warnings or otherwise, can lead to a case being dismissed.
Competence You Can Count On
The constitution significantly influences Oklahoma’s weapons laws. An excellent defense attorney understands these constitutional issues and how the Constitution shaped Oklahoma law. Constitutional challenges can get a case dismissed.
Don’t let a weapons charge follow you for the rest of your life—get a fierce defense lawyer in Norman on your side. Pierce Law Firm, P.C. will defend your constitutional rights and vigorously fight to get your gun charge dropped. We won’t back down from a legal battle. Contact us today to place your case into the right hands.