Not Everyone Has the Right to Bear Arms
Yes, the Second Amendment provides that an individual’s right to bear arms may not be infringed. However, like all rights, they are your rights until you lose them.
In Oklahoma, it is a crime for a convicted felon, or an individual on felony probation, to have a firearm. Specifically, if you have been convicted of a felony, you may not have a gun, pistol, altered air or toy pistol, machine gun, sawed-off shotgun, rifle or any other dangerous or deadly firearm within your immediate possession, custody or control. You may not have such a weapon in a vehicle in which you are driving or are a passenger. You may not have such a weapon in your home.
This is true even if the weapon is not yours, and even if you have no knowledge of its presence. Okla. Stat. tit. 21 § 1283.
Likewise, if you were adjudicated as a youthful offender or as a delinquent child, the same aforementioned conditions apply for a period of 10 years after such adjudication.
If you have been pardoned for a non-violent felony, and have no unpardoned felony offense on your record, you may have the right to carry firearms restored to you.
Penalties for Possession of a Firearm
Penalties for a conviction of being in possession of a firearm after a felony conviction are harsh. Knowingly allowing a convicted felon, adjudicated delinquent, or a youthful offender to possess or control such a weapon is a felony punishable by a fine as much as $5,000. And you could lose any handgun license you hold. If you violate any section of the statute, you could serve from as little as one year to as many as 10 years in prison. Okla. Stat. tit. 21 § 1284.
Being charged of possession of a firearm after the commission of a felony is serious. Being convicted can add as many as 10 years in prison. If you are facing charges in Claremore, it is vital that you hire an experienced criminal defense attorney as soon as possible to help protect your freedom.
Free Consultation With an Experienced Claremore Criminal Defense Attorney
We at the Wirth Law Office in Claremore are here to help you when help is most needed. Call your experienced Claremore Lawyer today. We pride ourselves on providing the very best in legal representation at reasonable prices.
The initial consultation is free. Call us at (918) 213-0950. If you prefer, submit your question using the form at the top right of this page.