What Makes Possession Of A Gun Illegal In Oklahoma?

Gun

 

It’s illegal for felons, delinquents, youthful offenders, and intoxicated people to possess a firearm in Oklahoma. It’s illegal for minors to possess firearms in certain circumstances.

Felons & Delinquents In Possession Of A Firearm.

The statute that covers convicted felons and delinquents is 21 O.S. § 1283. It’s illegal for:

  • A felon to have any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm in his or her possession, under his or her immediate control, in any vehicle that he or she is operating or riding in as a passenger, or at the residence where the felon resides. This is commonly referred to as “Felon in Possession of a Firearm” or “Possession of a Firearm AFCF (After Former Conviction of a Felony)”;
  • Anyone on felony probation or under the jurisdiction of any alternative court program to possess; have under his or her immediate control; or have at his or her residence or in any passenger vehicle that the person is operating or is riding as a passenger any pistol, shotgun, or rifle. This includes any imitation or homemade pistol, altered air or toy pistol, shotgun, or rifle. This applies while the person is subject to supervision, probation, parole, or inmate status; and
  • Someone to possess a firearm if he or she has been adjudicated as a delinquent child or as a youthful offender for committing an offense that would have constituted a felony offense if committed by an adult.

It’s a felony to commit any of the above violations. The range of punishment in the Department of Corrections is one–ten years.

“Sawed-off shotgun or rifle” means any shotgun or rifle that has been shortened to any length. “Altered toy pistol” means any toy weapon that has been altered from its original manufactured state to resemble a real weapon. “Altered air pistol” means any air pistol manufactured to propel projectiles by air pressure that’s been altered from its original manufactured state. “Alternative court program” means any drug court, Anna McBride or mental health court, DUI court, or veteran’s court.

SOURCES: 21 O.S. § 1283 & 21 O.S. § 1284

Can A Minor Possess A Firearm In Oklahoma?

It’s a violation of 21 O.S. § 1273 for any child to possess any pistol, revolver, shotgun or rifle (whether loaded or unloaded), blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon. However, a minor can legally possess firearms used for participation in hunting animals or fowl, hunter safety classes, education and training in the safe use and handling of firearms, target shooting, skeet, trap, or other sporting events or competitions. The exceptions don’t authorize the possession of a firearm by someone otherwise prohibited from possessing it.

This crime is a misdemeanor. The maximum punishment for the first violation is 30 days in the county jail, and the range of fine is $100–$250. On the second and subsequent violations, the range of fine is $250–$500, and the range of punishment in the county jail is 30 days – 3 months.

Any child who violates this law is subject to adjudication as a delinquent. A “child” is a person under 18 years old.

SOURCES: 21 O.S. § 1273, 21 O.S. § 1272, 21 O.S. § 1276, & 23 O.S. § 10

Carrying Weapon Under The Influence Of Alcohol

It’s a violation of 21 O.S. § 1289.9 to carry or use shotguns, rifles, or pistols in any circumstances while under the influence of beer, intoxicating liquors, any hallucinogenic, or any unlawful or un-prescribed drug. It’s also illegal to carry or use shotguns, rifles, or pistols when under the influence of any drug prescribed by a licensed physician if the after effects of such consumption affect mental, emotional, or physical processes to a degree that would result in abnormal behavior.

This crime is a misdemeanor. The range of punishment in the county jail is ten days–six months. The range of fine is $50–$500.

Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have his or her license suspended for six months and will be subject to an administrative fine of $50. Prior to the suspension and fine, there must be a hearing and determination by the OSBI that the person violated this law.

SOURCES: 21 O.S. § 1289.9 & 21 O.S. § 1289.15

Restoration Of Gun Rights

Anyone who has previously been convicted of a nonviolent felony, received a full and complete pardon from the proper authority, and has not been convicted of any other felony offense that has not been pardoned will have restored their right to:

  1. Possess any lawful firearm or other weapon;
  2. Apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act; and
  3. Perform the duties of a peace officer, gunsmith, or for firearms repair.

SOURCE: 21 O.S. § 1283

For more information on Illegal Possession Of A Gun In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.