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Oklahoma Possessing a Firearm After A Felony Conviction-Elements

State:
Oklahoma
Control #:
OK-JURY-OUJI-CR-6-39
Format:
Word
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Possessing a Firearm After A Felony Conviction-Elements

Oklahoma Possessing a Firearm After A Felony Conviction-Elements is an Oklahoma criminal charge that is a felony offense. It occurs when someone has previously been convicted of a felony and then is found in possession of a firearm or other type of weapon. This charge is known as 21 O.S. § 1283 and carries heavy punishments if convicted. It is important to note that this charge is separate from other firearms-related offenses. The State of Oklahoma has two different types of possessing a firearm after a felony conviction elements: Possession of a Firearm After Former Conviction of a Felony (21 O.S. § 1283) and Possession of a Firearm After Former Conviction of a Violent Offense (21 O.S. § 1283A). Under 21 O.S. § 1283, a person is guilty of possessing a firearm after a felony conviction if they: (1) have been convicted of a felony in Oklahoma or any other jurisdiction; (2) possess, carry, or possess with intent to use a firearm, or any other weapon; and (3) the person had knowledge of the felony conviction. Under 21 O.S. § 1283A, a person is guilty of possessing a firearm after a violent offense conviction if they: (1) have been convicted of a violent offense in Oklahoma or any other jurisdiction; (2) possess, carry, or possess with intent to use a firearm, or any other weapon; and (3) the person had knowledge of the violent offense conviction. Both of these charges are felonies and carry heavy punishments if convicted. If convicted of either charge, a person can face a minimum of two (2) years in prison and a fine of up to $10,000. Additionally, a person convicted of either charge will have their firearm rights revoked.

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FAQ

It's illegal to possess a firearm after any felony conviction?including a felony domestic violence crime.

If you are facing charges of possession of a firearm after a prior felony conviction, you are looking at heavy consequences. You are subject to a possible 10 years in prison and additional felony charges.

Oklahoma gun laws state anyone who has a felony conviction in the United States is unable to lawfully own a gun unless they've been given a full and complete pardon. Additionally, anyone who is serving a term of probation for any felony is also unable to own a gun.

Ing to Oklahoma Statutes § 21-1283, anyone convicted of a felony cannot own a firearm. Some misdemeanor convictions apply, too. In the case of felonies, you cannot have a gun even when you are awaiting trial. This restriction can apply to juvenile offenders as well.

The Governor of Oklahoma, through the constitutionally-granted pardon power, is the only person who can legally reinstate a convicted felon's right to own a firearm, work in law enforcement, and be a gunsmith.

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

The Governor of Oklahoma, through the constitutionally-granted pardon power, is the only person who can legally reinstate a convicted felon's right to own a firearm, work in law enforcement, and be a gunsmith.

This is commonly referred to as ?Felon in Possession of a Firearm? or ?Possession of a Firearm AFCF (After Former Conviction of a Felony).? This crime is a felony. The range of punishment in the Department of Corrections is one?ten years.

More info

If the felon has three or more prior felony convictions, a minimum sentence of 15 years imprisonment without parole will be imposed. Both federal and state laws place restrictions on firearm possession after a criminal conviction.State laws often overlap with the federal ban. Criminal Possession of a Firearm: NY Penal Law 265.01-b(1). There are numerous specific charges a person can face relating to weapons and the penalties vary. All weapons-related crimes are indictable offenses (felonies). Generally, the first element, whether the individual knowingly possessed a firearm or ammunition, is the only element the defendant disputes at trial. § 921 et seq. Prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm. In many states and under Federal law, convicted felons are barred from owning firearms for life.

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Oklahoma Possessing a Firearm After A Felony Conviction-Elements