In Oklahoma, What Is A Felon In Possession Of A Firearm? What Are Some Defenses?

A Felon In Possession Of A Firearm is a serious crime. I have personally seen cases where a person is convicted of a felony decades ago and the charge comes back to haunt them under the felon in possession statues in our state. In Oklahoma, understanding the felon in possession laws are very important, especially if you have a felony conviction in your past. Here’s more on what it means to be a felon in possession of a firearm in Oklahoma and what the government needs to establish to convict someone of this crime.

Oklahoma’s Felon In Possession Law

Under Oklahoma Statutes Section 21-1283, if you’ve been convicted of a felony, you’re prohibited from possessing or controlling a wide array of firearms. This includes not just the obvious weapons like pistols and rifles but also extends to imitation firearms, homemade guns, altered air or toy guns, machine guns, and even sawed-off shotguns or rifles. The law is comprehensive and covers not only carrying these weapons on your person but also having them in places under your control – like your vehicle, residence, or any other place where you exercise control.

An important aspect to note is the law’s reach. Regardless of where your felony conviction occurred – whether in Oklahoma, another state, or in a federal court – the prohibition applies. However, the law does offer a path to restoring firearm rights for those convicted of nonviolent felonies. If you’ve received a full and complete pardon for your nonviolent felony, you regain the right to possess firearms and even work in jobs involving firearms, as long as you haven’t been convicted of any other unpardoned felony.

A person who violates Oklahoma law by possessing a firearm as a previously convicted felon faces a felony charge with a penalty of imprisonment in the State Penitentiary for a term ranging from one to ten years.

What The Government Needs To Prove

For you to be convicted as a felon in possession of a firearm in Oklahoma, the government has a few key points to prove beyond a reasonable doubt. They must first establish that you were indeed convicted of a felony. This is the foundation of the charge. Secondly, it must be proven that you had possession or control of the firearm. This possession isn’t limited to physically holding the weapon; if the firearm is in your home, car, or anywhere you have control, it counts.

Moreover, the type of firearm you allegedly possessed plays a significant role. The law defines a broad range of firearms and related items, and the government must demonstrate that the item in question falls under these defined categories. This aspect can sometimes become a point of contention, especially when dealing with imitation or altered firearms.

The government must also establish the link between your felony conviction and the possession of the firearm. If your conviction is from another state or federal system, they need to show that the conviction is recognized as a felony under Oklahoma law. This can sometimes involve a detailed examination of the laws and statutes of different jurisdictions.

Legal Implications And Defenses

If you’re facing a charge as a felon in possession of a firearm in Oklahoma, there are specific defenses that might apply to your case. One key defense is challenging the evidence of your possession of the firearm. If the prosecution can’t prove you had control or ownership of the gun, this could weaken their case. Another defense could involve disputing the status of your previous felony conviction, particularly if there’s ambiguity about its classification under Oklahoma law.

Additionally, if you can demonstrate that you were unaware of the firearm’s presence, this could be a viable defense. In cases involving alleged possession in a shared space, proving that the firearm belonged to someone else and that you had no control over it can also be an effective defense.

Consider Getting an Expungement

Certain crimes may not be eligible for expungement but many are. If you get a section 18 expungement with a pardon you will have your gun rights back. This is because the section 18 expungement seals the record to the public. Although under a section 18 some crimes still remain open for law enforcement a pardon can seal that too.

Criminal Defense Lawyers in Tulsa

Being aware of the legal restrictions and requirements regarding felons in possession of firearms in Oklahoma is important. Remember, the law is detailed and complex, and facing a criminal charge calls for professional guidance. A criminal defense lawyer can help dissect the specifics of your felon in possession case, guide you through the legal process, and develop a defense strategy that takes into account all the unique aspects of your situation. Kania Law Office gun crime lawyers handle legal issues like felon in possession charges. Facing this or another gun charge in Oklahoma? Contact Kania Law Office at (918) 743-2233 or reach out online for a consultation.