Oklahoma Statutes

Okla. Stat. tit. 21, § 1289.17A (2026)

Felony discharging firearms

✓ current as of July 2026

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FELONY DISCHARGING FIREARMS It shall be unlawful for any person to willfully or intentionally discharge any firearm or other deadly weapon at or into any dwelling, or at or into any building used for public or business purposes. Any violation of the provisions of this section shall be a Class B1 felony offense punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor more than twenty (20) years. The provisions of this section shall not apply to any law enforcement officer in the performance of any lawful duty.

Added by Laws 1997, c. 324, § 2, eff. July 1, 1997. Amended by Laws 1999, 1st Ex.Sess., c. 5, § 224, eff. July 1, 1999; Laws 2025, c. 486, § 60, eff. Jan. 1, 2026.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2007–2025 · leading case: State v. Delso, 298 P.3d 1192 (Okla. Crim. App. 2013).

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State v. Delso, 298 P.3d 1192 (Okla. Crim. App. 2013). “2007, § 652(B)) (Count I) and Felony Discharging Firearm into a Dwelling (21 O.S.2001, § 1289.17A) (Count II), Case No.”

Goree v. State, 2007 OK CR 21 (Okla. Crim. App. 2007). “2001, § 652(C), and Count III, Intentional Discharge of a Weapon into a Dwelling in violation of 21 O.S.2001, § 1289.17A, all after two or more former felony convictions, in the District Court of Kay County, Case No.”

Jackson v. State, 2024 OK CR 11 (Okla. Crim. App. 2024). · cites it 2× “2011, § 1403(D); Counts 3 and 4, discharging a firearm into a dwelling, in violation of 21 O.S.2011, § 1289.17A; Count 5, assault and battery with a deadly weapon, in violation of 21 O.”

Jackson v. Rankins (W.D. Okla. 2024). “Background On January 29, 2020, Petitioner was convicted in Comanche County District Court on three counts: (1) Discharging a Firearm into a Dwelling, in violation of 21 O.S. § 1289.17A after former conviction of two or more prior felonies; (2) Assault and Battery with a Deadly…”

United States v. Simmons (10th Cir. 2025). “Okla. Stat. tit. 21 § 1289.17A. But he interprets this law to apply only when someone shoots at part of the housing rather than a particular person.”

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