OUJI-CR 6-45

WEAPONS OFFENSES - DEFINITIONS

Firearm - Weapon from which a shot or projectile is discharged by force of a chemical explosive such as gunpowder. An airgun, such as a carbon dioxide gas-powered air pistol, is not a firearm within the meaning of this definition.

Reference: Jones v. State, 899 P.2d 635, 651 (Okl. Cr. 1995); Thompson v. State, 488 P.2d 944 (Okl. Cr. 1971), overruled on other grounds, 520 P.2d 381 (Okl. Cr. 1974).

Knowingly - Personally aware of the facts.

Reference: 21 O.S. 1991, § 96; Jones v. State, 899 P.2d 635, 651 (Okl. Cr. 1995).

Malice - A wish to vex, annoy, or injure another person.

Reference: 21 O.S. 1991, § 95.

Offensive Weapon - Any implement likely to produce death, bodily harm, or fear of death or bodily harm in the manner it is used or attempted to be used.

Pistol - Any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than sixteen inches in length and using either gunpowder, gas, or means of rocket propulsion, but not including flare guns, underwater fishing guns, or blank pistols.

Reference: 21 O.S. Supp. 1995, § 1289.3; Jones v. State, 899 P.2d 635, 651 (Okl. Cr. 1995).

Possessing - Having actual physical custody, or knowledge of the weapon's presence, as well as power and intent to control its use or disposition.

Reference: Jones v. State, 899 P.2d 635, 651 (Okl. Cr. 1995).

Sawed-off Rifle - Any firearm capable of discharging single projectiles composed of any material which may reasonably be expected to be able to cause lethal injury, using either gunpowder, gas or any means of rocket propulsion, designed with a barrel or barrels more than sixteen inches in length which have been reduced to less than sixteen inches in length and an overall length less than twenty-six inches, including the stock portion.

References: Price v. State, 532 P.2d 851 (Okl. Cr. 1975); 21 O.S. 1991 & Supp. 1995, §§ 1289.4, 1289.18.

Sawed-off Shotgun - Any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, using either gunpowder, gas, or any means of rocket propulsion, designed with a barrel more than eighteen inches in length which has been reduced to less than eighteen inches in length.

References: Price v. State, 532 P.2d 851 (Okl. Cr. 1975); 21 O.S. 1991 & Supp. 1995, §§ 1289.5, 1289.18.

Willful - Purposeful. Willful does not require any intent to violate the law, or injure another, or to acquire any advantage.

Reference: 21 O.S. 1991, § 92; Jones v. State, 899 P.2d 635, 651 (Okl. Cr. 1995).