Possession (but not the Carrying) of a Firearm

Wed, 01/24/2018 - 11:11am
Firearm

Can you have a firearm?  The law regarding possessing firearms is very complicated unless you are a felon, then it is very easy. and generally no you cannot.  Following are some of the rules governing possessing firearms for people involved in the criminal justice system.

If you don't have any involvement in the criminal justice system? If you are an adult and not a felon in Oklahoma you may possess a firearm as long as the weapon itself is not illegal under Federal Law.  Even then, licenses can be obtained for certain otherwise illegal weapons (e.g. you can get a federal license from the Bureau of Alcohol, Tobacco, and Firearms that would allow you to possess a machine gun manufactured prior to 1986, it is extremely expensive and time consuming, and subjects you to supervision by the ATF, but it is possible).

If you are a convicted felon?  No you cannot have a firearm. According to 21 O.S. §1283(A) it is "unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm."  Punishment for this is set from one to ten years in the Oklahoma Department of Corrrections.  Note this is also a federal crime under 18 U.S.C. §922(g)(1).  Some federal felonies (e.g. anti-trust violations, etc.) do not trigger the federal prohibition, but still trigger the state prohibition.

If you are not a convicted felon but are on probation (a deferred sentencing arrangement) for a felony?  No you cannot have a firearm. According to 21 O.S. §1283(B) it is " unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating or is riding as a passenger, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or rifle, while such person is subject to supervision, probation, parole or inmate status."  So, if a person is serving probation under a deferred sentencing arrangement they may not have a firearm for the duration of the deferred sentencing arrangement.

If you are convicted of misdemeanor domestic violence?  No you cannot have a firearm.  You are prohibited by federal law, but not Oklahoma law, from possessing a firearm.

If you are serving probation (without conviction under a deferred sentencing arrangement) for misdemeanor domestic violence?  According to the ATF that is not a federal crime, however, you must scrutinize your Rules and Conditions of Probation.  If your Rules prohibit you from possessing a firearm then you risk accelerating your deferred sentencing into a conviction which would subject you to a federal ban on possessing firearms.  Most of the time your Rules will prohibit you from possessing a firearm.

If you are serving probation for a different misdemeanor?  It would generally not lead to a new charge to possess a firearm even if your Rules and Conditions of Probation forbid it.  However, if your Rules prohibit you from possessing firearms then violations of the Rules and Conditions of Probation may lead to further consequences such as sanctions, jail time, or conviction if you are not already convicted due to a deferred sentencing arrangement.

If you are subject to any Victim Protective Order, including an Emergency Protective Order?  You are prohibited by federal law from possessing a firearm during the duration of the order.  Find a trusted non-prohibited person to hold your firearms for you for the duration.

Note: it is not legal for anybody in Oklahoma to carry a handgun on their person, away from private property or their own business, without a handgun license with exceptions for hunting and sporting events (for participants in those events).  A license is not available for people ineligible to possess a firearm.

If you have been charged with Illegal Possession of a Firearm or any other firearm related crime you have a serious problem and need serious representation.  Call us today at (405) 601-9393.  We are state wide with reasonable rates and excellent results!

 

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