The right to bear arms is guaranteed by the Second Amendment to the U.S. Constitution. But that right is not absolute. States have the right to regulate the possession of firearms. One of the ways states like Oklahoma do so is to regulate who is allowed to possess and carry. Oklahoma law prohibits possession of a firearm after the commission of a felony.
What The Law Says
Oklahoma law is clear. It is unlawful for any person convicted of a felony to have a firearm of any kind in his or her possession or immediate control, or within any vehicle which the person is a driver or a passenger, or at their home. This includes pistols, imitation or homemade pistols, altered air or toy pistols, machine guns, sawed-off shotguns or rifle, or any other dangerous or deadly firearm. Okla. Stat. tit. 21 § 1283
This prohibition extends to felons who are on probation or who are under the jurisdiction of an alternative court program of any kind. Alternative court programs can include drug court, Anna McBride, mental health court, DUI court, or veterans court.
The only exception to this is a person who has previously been convicted of a nonviolent felony and who has received a full and complete pardon from the proper authority. That person may have the right to possession of a firearm restored if he or she has not been convicted of any other felony offense which has not been pardoned.
This can be problematic if a person brings a firearm into your home without your knowledge, or if someone is in possession of a firearm inside the car that you are driving or riding in — even if you do not know that this person is in possession. If you are caught riding in a car and your buddy next to you is carrying, you could be convicted.
Penalties for Possession of a Firearm
Possessing a firearm in Oklahoma if you are a felon, is itself a felony. If you are convicted, you could face from one to 10 years in prison. Okla. Stat. tit. 21 § 1284
There are defenses out there. If you are facing charges for possession of a firearm after a felony conviction, it is important that you contact a Wagoner defense attorney as soon as possible. Facts that don’t seem important to you now may prove critical in building a strong defense.
Free Consultation: Wagoner Criminal Defense Attorney
When you or someone you care about is facing charges for this or any other crime in the Wagoner, Oklahoma, area or any of the surrounding counties, the criminal defense lawyers at Wirth Law Office – Wagoner are here to provide you a free consultation to discuss what our team could do to handle your criminal matter.
Contact us at (918) 485-0335 to schedule your confidential and no-cost consultation. You may also contact us by email using the form at the top of this page. Either way, you reach out to our team, we’ll get back to you promptly to answer your legal questions.