Can a Felon Own a Gun in Oklahoma?
Owning a gun is a right protected by the Second Amendment of the United States Constitution. However, in Oklahoma, the laws regarding firearm ownership are more stringent for felons. The state has laws that restrict the ability of individuals who have been convicted of certain crimes, including firearms possession. In this article, we will explore whether a felon can own a gun in Oklahoma.
Contents
Background Check Laws
To answer the question, "Can a felon own a gun in Oklahoma?", it’s essential to understand the background check laws in the state. In Oklahoma, a background check is performed for all firearm purchases made from a licensed firearms dealer. This includes a Federal background check, which involves verifying the buyer’s identification, criminal history, and other relevant information through a nationwide database.
Is Oklahoma a Permit-Less State?
Oklahoma is considered a "shall-issue" state for handgun carry permits. This means that if you are a resident of Oklahoma, you can obtain a handgun carry permit from your sheriff’s office without needing a "good cause" exception, as long as you meet the necessary qualifications, including being at least 21 years old, having completed a firearms safety training course, and not being disqualified from possessing a firearm. However, to carry a concealed weapon, a permit is still required, as is a permit from a licensed dealer to transport or store a firearm other than in the registered location of the licensed dealer or an authorized place.
**Conviction-Based Prohibition
Felons in Oklahoma, who have been convicted of certain crimes, are restricted from owning or possessing a firearm. These crimes typically involve violence, assault, or other criminal offenses, which are deemed a serious risk to public safety if a person is allowed to own or possess a weapon. The list of criminal convictions that result in this restriction includes:
- Homicide (except if it was an accidental death resulting from a felony DUI charge)
- Manslaughter in the first or second degree
- Kidnapping, including taking or secreting a person without authority or by force or stealth, or otherwise compelling, imprisoning, or constraining a person without consent
- Kidnapping or abduction with the intention to commit a crime (also known as "criminally induced kidnapping")
Other crimes, such as armed robbery, carjacking, and sexual crimes (including child molestation or rape), also prevent individuals from owning or possessing firearms in Oklahoma.
Prohibitions for Felons in Oklahoma
Under Oklahoma law (63 O.S. 25.9), an individual who has been convicted of a felony and meets certain criteria is prohibited from possessing or owning a firearm for a specified period or life. This prohibition typically includes:
- Life:
- Any crime related to the production, transportation, distribution, or manufacture of controlled dangerous substances, unless the offense is more than 20 years prior
- A firearm- related offense (defined as an offense in which the use or threatened use of a firearm is a crucial element of the offense) unless the offense is more than 20 years prior
- More than one count of conviction under the Uniform Controlled Dangerous Substances Act (Section 63 O.S. 2-203a and 2-301e)
- Ten Years:
- Certain specified felony offenses, such as sexual crimes (child molestation or rape) if more than 20 years have passed since the offender has been discharged from treatment
Special Situations and Exceptions
While convicted felons in Oklahoma generally are prohibited from owning or possessing firearms, there may be special situations and exceptions where an individual’s ability to own or possess firearms can be restored or reviewed.
Expungement: An expungement is the process by which a conviction is reversed and the person is entitled to have their criminal history as if the conviction had never occurred. If the underlying conviction was a felon in possession of a weapon offense, an expungement may not be feasible because the state can assert a separate, additional enhancement. However, a general expungement ( expungement of all conviction information) can still allow for the restoration of second Amendment rights in certain instances.
Commutations or Pardons: An individual can seek clemency from the state government through commutation of their sentence or a full or partial pardon. Upon issuance of such relief, a person may have the option to have their voting and gun rights restored or reduced.
- Legal Possession under Specific Laws: Certain situations allow the possession of firearms, regardless of a conviction, where possession is explicitly permitted for employment, transportation, self-defense, or hunting-related activities.
Table Summary: Prohibitions and Timeframes
| Crime | Lifetime | 20 years |
|---|---|---|
| Drug-related crimes | (some exceptions) | |
| Firearm-related offenses | ||
| More than one controlled substances count | (life ban) | |
| Specific felonies (rape/child molestation) | (life ban) | |
| Less severe felonies | (10 years) | |
| 10 years without reoffending | (reduced sentence/clemency) |
In summary, convicted felons in Oklahoma are generally restricted from owning or possessing a firearm due to their felony conviction. While there are special situations and exceptions that allow for restoration or review of an individual’s firearms privileges, it is generally unlawful for a convicted felon in Oklahoma to possess a firearm. If you’re concerned about your legal firearms privileges or are considering making changes to your firearm situation, it is crucial to consult with an experienced firearms lawyer or attorney familiar with Oklahoma law to understand the full implications of your decision.
Final Thoughts: Felons and Gun Rights
In conclusion, convicted felons in Oklahoma who want to own or possess firearms must first consider whether they are legally permitted to do so under Oklahoma’s gun laws. A lifetime prohibition applies to individuals with convictions related to firearms or violent crimes, while convictions involving controlled substances can have different timeframes for restricted firearms possession. In reviewing their legal status, potential owners should be aware that owning a gun as a convicted felon in Oklahoma without meeting the requirements is punishable as a misdemeanor offense carrying potential fines and/or prison sentences. It is critical for individuals with a prior criminal record to seek the counsel of an attorney if they have any questions regarding the restoration or maintenance of their firearms rights in the Sooner State.
