What to do if you’re charged with possession of a firearm after felony conviction in Oklahoma
In Oklahoma, the Self-Defense Act is the law that regulates gun licenses for the state. The law prohibits people with pending charges and/or convictions for certain offenses from having a license. So which crimes are included in the law, and what happens if you’re found with a gun anyway?
What crimes prohibit you from owning a gun in Oklahoma?
Oklahoma residents with former felony convictions are prohibited from owning a gun, keeping a gun in their home, or even being in someone else’s car if there is a gun.
In addition to all felony offenses, the following misdemeanor convictions also bar you from owning a gun in Oklahoma:
- Assault and battery that caused serious physical harm to the victim, or any second or subsequent assault and battery conviction
- Aggravated assault and battery
- Domestic abuse
- An offense related to the Protection from Domestic Abuse Act or any violation of a victim’s protective order from another state
- Drug convictions of any kind
The restrictions on gun ownership don’t stop there. You also can’t own a gun for a period of three years in Oklahoma if you’ve been convicted two or more times for public intoxication. This means that you have to wait a full three years starting from the time you finished your last sentence.
The same goes for two or more DUI convictions. You must wait a period of three years after you complete your punishment before owning a gun. (The only exception is if you have a certified letter from a doctor who states that you don’t need substance abuse treatment.)
Oklahoma law also states that you can be denied a gun license if you have “significant character defects” that are proven by a lengthy criminal history.
What happens if you are a felon convicted of possessing a gun?
In Oklahoma, if you’re a convicted felon and you are convicted as a felon in possession of a firearm, you’re going back to jail. The sentence can range from a minimum of one year to a maximum of ten years in prison. (Please note: You can also face charges if you knowingly aid someone with a felony charge obtain a firearm.)
What should you do if you are a felon arrested for owning a gun?
If you’re being charged with possessing a gun as a felon, the prosecution will have several elements to prove, including the following questions:
- Was the gun on your person?
- Was the gun in a vehicle in which you were riding or driving?
- Was the gun at the home where you reside?
Prosecutors tend to go after people already convicted of a felony pretty harshly. However, there are some circumstances that can make it harder for the prosecutors to prove their case. That’s why it’s crucial that you hire an experienced criminal defense attorney to handle your charges.
Contact an Oklahoma attorney today
Are you or someone you know facing charges for being a felon in possession of a gun? Our team Jacqui Ford Law is here to give you the criminal defense you deserve. Contact our office today for a consultation.