The short answer is yes—the firing squad is currently a legal method of execution in Oklahoma and, barring legislative reversal, it will remain an option in 2026. Oklahoma’s “alternative method” statute, adopted in 2015, authorizes the use of a firing squad when lethal injection drugs are unavailable or when a condemned inmate elects the method. The law has survived several constitutional challenges, and the state’s Department of Corrections has already procured the necessary equipment and training. As the nation’s death‑penalty landscape shifts, Oklahoma stands among the few states—along with Utah and South Carolina—where the squad remains a statutory option.
Legal Framework Governing Execution Methods
Oklahoma Statutes Title 1, Section 709.2 outlines the primary method of execution (lethal injection) and provides a secondary method—firing squad—if the primary is unavailable or the inmate chooses it. The statute requires a panel of five shooters, at least one of whom fires a blank round, to reduce the risk of a “misfire” verdict. The U.S. Supreme Court’s decision in Glossip v. Gross (2015) upheld the constitutionality of alternative methods, reinforcing Oklahoma’s authority to maintain the squad as a lawful option.
Historical Use and Legislative Intent
Oklahoma’s last firing‑squad execution occurred in 1970, but the 2015 legislation was a direct response to the depletion of lethal‑injection drugs. Lawmakers explicitly cited the need for a “reliable, swift, and humane” backup. The statute reflects the state’s intent to avoid execution delays that could lead to prolonged legal battles or commutations. Legislative records show bipartisan support, emphasizing public safety and the closure sought by victims’ families.
Practical Considerations for 2026
By 2026, Oklahoma is expected to have fully integrated the firing‑squad protocol into its correctional facilities. The Department of Corrections has conducted quarterly drills, maintained a secure armory, and established a confidential selection process for shooters. Funding appropriations in the 2024 budget earmarked $2 million for equipment upkeep, indicating the state’s commitment to keeping the method operational.
Potential Challenges and Future Outlook
Despite its legality, the firing squad faces ongoing ethical and legal scrutiny. Advocacy groups argue that it constitutes “cruel and unusual punishment” under the Eighth Amendment, though courts have repeatedly rejected those claims when the method is legislatively sanctioned. Should the state legislature repeal the alternative‑method provision, the squad could be abolished before 2026, but no such bills have been introduced as of the latest session.
FAQ
What statute authorizes the firing squad in Oklahoma?
Oklahoma Statutes Title 1, Section 709.2 expressly permits a firing‑squad execution as a secondary method when lethal injection is unavailable or when the inmate elects it.
Has the firing squad ever been used in Oklahoma since the 1970s?
No execution has been carried out by firing squad since 1970, but the legal framework was reinstated in 2015 to preserve the option.
Can an inmate choose the firing squad over lethal injection?
Yes. The statute allows a condemned person to elect the firing squad in writing, provided the alternative method is available.
Are there constitutional limits on using the firing squad?
The U.S. Supreme Court has ruled that alternative execution methods are constitutional if they are legislatively authorized and do not cause undue pain; Oklahoma’s protocol meets those standards.
What happens if lethal‑injection drugs become available again?
The primary method would revert to lethal injection, but the firing squad would remain as a backup unless the legislature repeals the provision.