POINTING A FIREARM - LAWFUL CAUSE DEFINED
"Lawful cause" includes the pointing of shotguns, rifles, or pistols (by [law enforcement authorities]/[members of the State Military Forces in the form of the Oklahoma Army/Air National Guard]/[members of the Federal Military Reserve and active military components] in the performance of their duties)/(by any federal government law enforcement officer in the performance of his/her duty)/ (in the performance of a play [on stage]/[at a rodeo]/[on television]/[on film])/(in defense of one's person/home/property).
Statutory Authority: 21 O.S. Supp. 1995, § 1289.16.
Although this statute, prohibiting the deliberate menacing of persons with firearms, is relatively self-explanatory, the Commission has found no cases construing the elements which comprise the offense it defines. Since it is not difficult to envision a deliberate or willful pointing of a firearm which is within the bounds of the law within statutory terms, the Commission has incorporated both "willfully" and "without lawful cause" as elements in the instruction.
Where the proof in the case so warrants, the jury should be instructed with respect to the lesser included offense of reckless conduct, 21 O.S. Supp. 1995, § 1289.11. Gatlin v. State, 553 P.2d 204 (Okl. Cr. 1976).
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