The right to bear arms, though guaranteed by the Second Amendment to the U.S. Constitution, does not provide an absolute right. That right is controlled to some extent by your actions. States can and do have the right to regulate the possession and carrying of firearms. Thus, there is a law against possession of a firearm after commission of a felony in Oklahoma City.
If you have been convicted of a felony and are caught with a firearm in your possession, here is what you need to know about how Oklahoma handles that crime.
What The Law Says About Possession Of A Firearm After Commission Of A Felony In Oklahoma City
Oklahoma law makes it clear that it is against the law for a person who has been convicted of a felony to have a firearm of any kind within their possession or immediate control, within any vehicle in which the person is a driver or a passenger, or at their home. In essence, you cannot have a firearm anywhere within your immediate possession, custody, or control.
The law includes pistols, imitation or homemade pistols, altered air or toy pistols, machine guns, sawed-off shotguns or rifles, or any other dangerous or deadly firearm. Okla. Stat. tit. 21 § 1283
This includes 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.
However, the law provides an exception. If you were previously convicted of a non-violent felony and you have received a full and complete pardon from the proper authority, you may have the right to possession of a firearm restored to you.
In order to have this right restored, you must show the court that you have been pardoned. Also, you must show that you have not been convicted of any other felony offense which has not been pardoned.
Elements Of The Crime
Every crime in Oklahoma has certain elements. A prosecutor must prove every element of the crime beyond a reasonable doubt in order to secure a conviction. Here are the elements for this crime:
- knowingly and willfully
- possessing, having under your immediate control, having in any vehicle you drive or in which you are a passenger, or having at the place where you resides
- any pistol, imitation or homemade pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm when
- you were previously convicted of a felony.
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Defenses
In large part, defenses arise out of facts that tend to mitigate against any element of the crime.
Thus, suppose you are a passenger and someone brings a firearm into the car that you do not know about nor reasonably should have known about at the time. Arguably, this mitigates against knowingly or willfully possessing.
If this is similar to your case, you should make sure and talk to your Oklahoma City attorney about this as soon as possible.
Penalties For Possession Of A Firearm After Commission Of A Felony In Oklahoma City
This crime of possession of a firearm, if you are a felon, is itself a felony in Oklahoma City. If you are convicted, you could face from 1 to 10 years in prison. Okla. Stat. tit. 21 § 1284
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Consultation: Oklahoma City Criminal Defense Attorney
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a consultation with an Oklahoma criminal defense attorney, call Wirth Law Office – Oklahoma City at 405-888-5400.
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