What Makes Someone Ineligible For A Gun License In Oklahoma?

Gun LicenseThe occurrence of any one of the following prohibited conditions, listed in 21 O.S. § 1290.10, will deny someone the right to have an Oklahoma gun license:

  1. Ineligible to possess a pistol due to any felony conviction or adjudication as a delinquent, except for someone who has 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;
  2. Any felony conviction pursuant to any law of another state, a felony conviction pursuant to any provision of the United States Code, or any conviction pursuant to the laws of any foreign country. If it’s a foreign conviction, then the crime must constitute a felony offense in Oklahoma if it had been committed in Oklahoma. Someone who has 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 is excepted from this section;
  3. Adjudication as a mentally incompetent person pursuant to the Oklahoma Mental Health Law, or an adjudication of incompetency entered in another state pursuant to any law of that state, unless the person has been granted relief from the disqualifying disability;
  4. Any false or misleading statement on the application for a handgun license;
  5. Conviction of any one of the following misdemeanor offenses in Oklahoma or any other state:
    1. Any assault and battery that caused serious physical injury to the victim or any second or subsequent assault and battery conviction;
    2. Any aggravated assault and battery;
    3. Any stalking pursuant to Oklahoma law or a similar law of another state;
    4. A violation relating to the Protection from Domestic Abuse Act;
    5. Any violation of a victim protection order of another state;
    6. Any conviction relating to illegal drug use or possession. The preclusive period for a misdemeanor conviction related to illegal drug use or possession is ten years from the date of completion of a sentence—the day an offender completes all incarceration, probation, and parole pertaining to that sentence; or
    7. An act of domestic abuse or an act of domestic assault and battery or any comparable acts under the laws of another state.
  6. An attempted suicide or other condition relating to or indicating mental instability or an unsound mind that occurred within the preceding ten–year period from the date of the application for a license to carry a concealed firearm or that occurs during the period of licensure;
  7. Currently undergoing treatment for a mental illness, condition, or disorder. This means that the person has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life;
  8. Significant character defects of the applicant as evidenced by a misdemeanor criminal record indicating habitual criminal activity;
  9. Ineligible to possess a pistol due to any Oklahoma law or the United States Code;
  10. Failure to pay an assessed fine or surrender the handgun license as required by a decision by the administrative hearing examiner pursuant to authority of the Oklahoma Self-Defense Act;
  11. Being subject to an outstanding felony warrant issued in Oklahoma, in another state, or by the United States; or
  12. Adjudication as a delinquent.

The following conditions will preclude a person from being eligible for a handgun license pursuant to the Oklahoma Self-Defense Act for the respective period of time:

  1. An arrest for an alleged commission of a felony offense or a felony charge pending in Oklahoma, pending another state, or pursuant to the United States Code. The preclusive period is until the final determination of the matter;
  2. The person is on a felony deferred sentence or prosecution in Oklahoma, in another state, or pursuant to federal authority. The preclusive period is three years and begins upon the final determination of the matter;
  3. Any involuntary commitment for a mental illness, condition, or disorder or any involuntary commitment in another state pursuant to any laws of that state. The preclusive period will be permanent as provided by 18 United States Code § 922(g)(4) unless the person has been granted relief from the disqualifying disability;
  4. The person has previously undergone treatment for a mental illness, condition, or disorder that requires medication or supervision. The preclusive period is three years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten years or more;
  5. Inpatient treatment for substance abuse. The preclusive period is three years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person has been free from substance use for 12 months or more preceding the filing of an application for a handgun license;
  6. Two or more public intoxication convictions pursuant to Oklahoma law or a similar law of another state. The preclusive period is three years from the date of the completion of the last sentence;
  7. Two or more misdemeanor convictions relating to intoxication or driving under the influence of an intoxicating substance or alcohol. The preclusive period is three years from the date of the completion of the last sentence, or there must be a certified statement from a licensed physician stating that the person is not in need of substance abuse treatment;
  8. A court order for a final Victim Protection Order against the applicant in Oklahoma or another state. The preclusive period is three years from the date of the entry of the final court order or 60 days from the date an order was vacated, canceled, or withdrawn;
  9. An adjudicated delinquent or convicted felon residing in the residence of the applicant. The preclusive period is 30 days from the date the person no longer resides in the same residence as the applicant; or
  10. An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of a deferred prosecution for any one or more of the following misdemeanor offenses in Oklahoma or another state:
    1. Any assault and battery that caused serious physical injury to the victim or any second or subsequent assault and battery;
    2. Any aggravated assault and battery;
    3. Any stalking pursuant to Oklahoma or another state’s law;
    4. Any violation of the Protection from Domestic Abuse Act or any violation of a victim protection order of another state;
    5. Any violation relating to illegal drug use or possession; or
    6. An act of domestic abuse under Oklahoma law or an act of domestic assault and battery or any comparable acts under the law of another state.

The preclusive period will be until the final determination of the matter. The preclusive period for a person subject to the provisions of a deferred sentence for the six offenses listed above is three years and begins upon the final determination of the matter.

SOURCES: 21 O.S. § 1290.11, 21 O.S. § 1290.27, & 21 O.S. § 1290.10

For more information on Ineligibility For A Gun License 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.