Youthful Mistakes Have Lasting Effects
Video Transcribed: Hi. This is Wagoner attorney Stuart Ericson. Today we’re going to talk about possession of a firearm after being an adjudicated delinquent in Oklahoma. Somewhat of a complicated thing. 18 is the age of the majority. If you’re under 18, in most circumstances, you will be charged as a juvenile. Now, there are exceptions to that, of course. Youthful Offender Act or certain crimes, murder, and some others, you can be charged as an adult even though you are under 18. But for these purposes, it’s a juvenile crime, 18 and under. Adjudicated essentially means you’ve been found guilty of the juvenile offense.
If that is the case, once you become an adult, you will not be able to possess a firearm. This is found in Oklahoma Statutes, title 21, section 1283, which states that it’s against the law for a person previously adjudicated as a delinquent in Oklahoma. The offense that you committed as a juvenile must be a felony offense committed by an adult. And if that’s the case, you can’t have in your possession or control any weapon, any pistol, imitation or handmade pistol, machine gun, sawed-off shotgun, rifle, or any other dangerous or deadly firearm for a period of 10 years.
So to be this offense you’re adjudicated a delinquent as a juvenile, you turn 18, and within 10 years from that adjudication, you can’t be in possession of a firearm. So if you’re adjudicated as a younger person, say 15, then you won’t be able to possess a firearm until the age of 25. It’s that 10 years after adjudication. And again, it’s always fact specific on possession of a firearm. The question always becomes, “I’m riding in a car as a passenger. There’s a gun in the car. Am I in possession?”
There’s a lot of case law that’s very fact specific. It’s what did you know? Who are you with? How long have you been in the car? Were you aware it’s in the car? So all of those things need to be discussed going forward with any criminal case under this charge.
This crime is punishable by a prison term of one to 10 years. So again, it’s a severe offense, and one that you would need a criminal defense attorney to discuss all of the facts, all of the circumstances, to try to get a case either not charged or get it dismissed or to come out of it the best that you can. So if you have any questions about possession of a firearm after being adjudicated a delinquent, reach out to me, Oklahoma criminal defense lawyer Stuart Ericson at wagonerlawyer.com.