A Criminal Record Restricts Your Gun Rights in Oklahoma
Oklahoma is a Second Amendment-friendly state. However, your right to own and bear arms is not absolute and can, in fact, be revoked if you have a criminal record. In the event you commit a crime in Oklahoma, a judge may limit your right to possess or carry a firearm. Defying a court order on this is a serious offense that carries severe consequences, including lengthy prison sentences.
Who Can Possess Firearms in Oklahoma?
There are many exclusions to this rule but first, we’ll begin with who is included.
As many people know, the Second Amendment guarantees the right to bear arms in the United States. However, the courts have given the states the ability to restrict this right in certain circumstances, and most states have done so to varying degrees.
Any law-abiding person in Oklahoma over the age of 21 may possess a firearm in their home.
Who Cannot Possess Firearms in Oklahoma?
This is where we get into the important details. Depending on the type of felony committed, you may lose the right to either carry a firearm or possess one altogether.
What Persons Are Disqualified From Carrying Firearms in Oklahoma?
Being a Second Amendment sanctuary state, Oklahoma law ordinarily allows adults to openly carry as well as conceal-carry loaded or unloaded pistols and rifles – however, it specifically denies this right to convicted felons.
But it’s not only felonies that can lose you your Second Amendment rights, but also some misdemeanors.
Namely:
- Domestic abuse
- Misdemeanor stalking
- Violating Domestic Protective Orders
- Illegal drug use or possession under the Uniform Controlled Substances Act
As you can see, it’s not just felonies: certain misdemeanor convictions have the effect of stripping a person in Oklahoma of their firearm rights as well.
Possession of a Firearm After Felony Conviction in Oklahoma: Elements
The Oklahoma legislature has delineated the following elements needed for a felony gun charge conviction in Oklahoma.
These elements are:
- First, knowingly and willfully;
- Second, possessing/(having under one’s immediate control)/(having in any vehicle one operates)/(having in any vehicle in which one is riding as a passenger)/(having 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 a state or federal court. Okla. Stat. tit. 21 § 1283
The state needs to prove all four elements in order to obtain a felony gun charge conviction.
Gun Charge for a Felon
The possession of a firearm by a convicted felon is considered a violent crime in Oklahoma, and the penalties for such offenses are severe. Under Oklahoma law, the offense of possessing a firearm after a felony conviction is classified as a felony offense, punishable by up to ten years in prison and a fine of up to $10,000.
In addition to the criminal penalties, a convicted felon may also face civil penalties, such as the loss of their right to vote or possess firearms in the future. These penalties can have a significant impact on a person’s life and can limit their ability to secure employment, housing, and other essential benefits.
Jail Time for a Felon with Gun
If a convicted felon is caught possessing a firearm, they will likely face significant jail time. The length of the prison sentence will depend on the severity of the offense, the defendant’s criminal history, and other factors.
In Oklahoma, the mandatory minimum sentence for possessing a firearm after a felony conviction is two years in prison. However, if the defendant has a prior conviction for a violent offense, the mandatory minimum sentence increases to ten years in prison.
Constructive Possession
It is essential to note that a convicted felon may be charged with possession of a firearm even if they do not have actual physical possession of the firearm. This is known as constructive possession, and it occurs when a person has control over the firearm or has access to it.
For example, if a convicted felon lives in a house with a firearm, and they have access to the firearm, they can be charged with possession of a firearm, even if the firearm is not physically on their person. This means that convicted felons must take great care to avoid any situation that may lead to constructive possession of a firearm.
Initial Consultation with a Convicted Felon Gun Charge Attorney
If you find yourself charged with a felony gun charge in Oklahoma, you need the help of experienced Oklahoma defense attorneys. The Tulsa Criminal Defense Law Firm is dedicated to aggressively defending the rights of the accused in Oklahoma courts. Contact us today at (918) 256-3400 for a initial, no-hassle, confidential consultation with a criminal lawyer in Oklahoma. Or if you prefer to correspond with a Tulsa felony defense attorney by email, click here. Whichever method you prefer, a defense lawyer in Tulsa will be in touch with you soon.