Possession of a Firearm after a Conviction

firearm after a conviction

Many people know about the 2nd Amendment’s protection of the right to bear arms.  Further, many groups like the National Rifle Association (NRA) and Open Carry Texas are adamant these rights remain untouched.  This is also reflected in the Oklahoma State Constitution under Article 2 § 26.  However, while Oklahoma prohibits anyone from banning firearms for the defense of person or property, it still allows legislative restraints in certain cases.  One of these cases is the loss of right to possess a firearm after a conviction—namely a felony conviction.

Possessing Firearm after a Conviction Statutes

Title 21 of the Oklahoma Statutes regulate the possession of a firearm after a conviction.  This is under §1283.  The section restricts a person with a felony conviction to own a firearm, keep a firearm in their home, or to be present in a vehicle with a firearm.  It is important to note that felony convictions prohibiting possessing a firearm after a conviction can be from a conviction you receive in any state.  Thus, it is not only subject to felonies committed in Oklahoma.

MORE INFORMATION ON SHOOTING CRIMES HERE.

It is not common, but there are certain classes of felons who may get their right to possess a firearm back.  They must go through an expungement process.  However, before being eligible for this process your felony offense must have been non-violent and you must have no other felony convictions afterward the original felony.

Firearm After Former and the Penaltyfirearm after a conviction

If you possess a firearm after a conviction, then you are in for some harsh penalties.  You could receive jail time up to 10 years.  You will also be eligible for a second felony conviction.  Any person who helps a felon gain possession of a firearm is also eligible for fines reaching $5,000.  If they have their own firearm license, it will face revocation as well.

Rogers County Attorneys Can Help

It is a serious problem to have a felony conviction on your record.  However, having a second felony conviction almost completely dooms your future.  If you are facing these felony charges, let our attorneys fight for you.  Your first consultation is free.