§ 2-407. Discharging firearm in public or on residential property.
A. This section does not apply:
1. To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
2. To a person discharging a firearm on public roads or properties expressly approved for hunting by the Osage Nation Department of Natural Resources, or its successor;
3. If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or
4. To a person who accidentally discharges a firearm.
B. Except as provided in subsection (A) of this section, any person who knowingly discharges a firearm in any public place or on the right-of-way of any public road, highway, or street, or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling, or zoned exclusively for residential, commits the criminal offense of discharging firearm in public or on residential property.
C. Except as provided in subsection (A) of this section, any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre commits the criminal offense of discharging firearm in public or on residential property.
D. Any person convicted of committing the criminal offense of discharging firearm in public or on residential property shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a term not more than nine months, or by a fine not to exceed One Thousand Dollars ($1,000.00), or both. ONCA 22-33, eff. Apr. 25, 2022.