San Antonio, TX asked in Criminal Law for Oklahoma

Q: What does "it is a defense to prosocution" mean? Specifically in §21-1289.18 D.

Can charges be pressed? Does the "defense" guarantee a "not guilty"? In the case of a "not guilty" or no charges, would the weapon be returned? Can it be seized in the first place. (Assuming the ATF allowed it under the NFA and all paperwork was in order.) As a side note, how likely is it that charges would be filed?

Just to be clear this is simple curiosity and purely hypothetical. Also, the location is Oklahoma, not San Antonio. Despite what the location says

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1 Lawyer Answer
John Cannon
John Cannon
  • Criminal Law Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: You need to speak to an experienced criminal defense attorney in Texas, if that is the location of the case at issue.

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