One Mistake Can Reshape Your Entire Future: Prior Conviction Gun Rights in Oklahoma
In Oklahoma, having a prior criminal conviction can seriously affect your right to legally own or possess firearms. Many individuals understand that felony convictions result in firearm restrictions, but fewer realize that even being on felony probation or having certain misdemeanor convictions can also impact these rights. Understanding these rules is critical to avoid unintentionally breaking the law and to protect your Second Amendment rights where possible.
Summary: How Prior Convictions Impact Gun Rights
If you have a felony conviction or are currently on felony probation in Oklahoma, you are prohibited from possessing or using any firearms. This restriction applies throughout the duration of your probation—even without a formal conviction if you are under deferred sentencing. Certain misdemeanor convictions, such as domestic assault or drug offenses under the Uniform Controlled Dangerous Substances Act, can also limit your firearm ownership rights. Violating these restrictions can lead to felony charges under Oklahoma law.
Legal Framework Governing Firearm Rights After Convictions
Oklahoma law explicitly prohibits firearm possession by individuals convicted of felonies or currently on felony probation. It is illegal for a person convicted of a felony or on felony probation to possess, carry, or use a firearm. Additionally, misdemeanors involving domestic violence and drug offenses also impact firearm rights. Okla. Stat. tit. 21 § 1283.
Procedural Context: When Do These Restrictions Apply?
These restrictions begin immediately upon conviction or during the term of felony probation. Even if your felony sentence is deferred, meaning formal conviction is postponed pending successful completion of probation, firearm possession remains illegal until probation ends and all rights are restored. This means that individuals on deferred sentences cannot legally own or carry firearms during probation.
Restoration of firearm rights after a felony conviction requires a formal process that may include a pardon or expungement, which is not automatic. It is essential to understand your legal status and consult an attorney to explore options for regaining your rights.
Common Exceptions and Complicating Factors
- Restoration of Rights: Some individuals may regain firearm rights after completing their sentence and probation, often through expungement or a pardon process.
- Non-felony Misdemeanors: Not all misdemeanors affect gun rights, but specific offenses like domestic assault or drug-related misdemeanors do.
- Federal vs. State Law: Federal laws also regulate firearm possession for convicted felons and can sometimes impose stricter rules.
- Unlawful Possession Charges: Possession of firearms during prohibited periods can result in new felony charges under Oklahoma law.
Practical Example: How These Rules Affect Real Life
Imagine John was convicted of a felony drug offense and sentenced to probation with a deferred judgment. During probation, John purchases a firearm for personal protection without knowing the law prohibits him from possessing firearms while on felony probation. If law enforcement discovers this, John could be charged with felony unlawful possession of a firearm.
Similarly, Sarah was convicted of misdemeanor domestic assault. Because this offense affects her firearm rights, she may not legally purchase or possess a firearm until her rights are restored. Ignorance of these restrictions does not protect against criminal charges.
What You Need to Know: Protecting Your Rights and Your Future
If you have prior criminal convictions or are currently on felony probation, it’s important to understand that Oklahoma law restricts your ability to possess firearms. Violating these restrictions can result in new criminal charges with severe consequences. The process to restore gun rights can be complex and requires navigating both state and sometimes federal law. Consulting a knowledgeable Oklahoma City attorney here to provide clear guidance, answer your questions, and help you understand your options in this complex area of law.
