The city of Tulsa, Oklahoma punishes a number of gun crimes.
However, if you are charged with possession of a firearm by a convicted felon in Oklahoma, you will find yourself in state court and facing serious penalties.
Defining Possession of a Firearm by a Convicted Felon in Oklahoma
Under state law, a person convicted of any felony in any state can be charged with possession of a firearm by a convicted felon in Oklahoma.
Even being in possession of a legally registered handgun is a violation of this law.
Only non-violent felons who have received pardons for their crimes are exempt from this law.
These individuals may carry a firearm only after applying for one and can also work as peace officers. (Ok. Stat. Tit. 21 Sec. 1283)
Proving Possession of a Firearm by a Convicted Felon in Oklahoma
Once in court, the state prosecutor will attempt to prove each element of the crime’s definition in order to secure a conviction.
To prove it, a prosecutor will have to show the following:
First, that the defendant acted knowingly and willfully;
Second, that the defendant possessed/(had under his immediate control)/(had in any vehicle he operated)/(had in any vehicle in which he was riding as a passenger)/(had at the place where the defendant resides);
Third, any pistol/(imitation/homemade pistol)/(machine gun)/(sawed-off shotgun/rifle)/(dangerous/deadly firearm);
Fourth, the defendant was convicted of a felony by any court in the United States.
Possible Defenses
In cases where the defendant was found with a gun on his person, the case will usually be straightforward.
In other cases where the defendant may not have had the gun on his person or was simply near a gun, it will be much more difficult to prove that he was in “possession” of it.
In these cases, a Tulsa criminal defense attorney may argue that you were unaware of the gun, it was not yours, or that you were not in control of it.
Penalties
Anyone convicted of this crime will be guilty of a felony offense.
Such a conviction may be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years.
Initial Consultation: Tulsa Felony Defense Lawyer
A conviction of being a felon in possession of a firearm can lead to years in jail and severely alter one’s life.
If you or someone you know is faced with this charge, consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law).
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