All gun crimes are serious in Tahlequah, Oklahoma. However, the mere possession of a gun can be equally as serious if you have been convicted of any prior felony offense. This is true even if you have done nothing illegal with the gun at the time you were arrested. If you or someone you know has been charged with being in possession of a firearm by a felon in Oklahoma, contact an experienced Tahlequah attorney today.
Understanding Possession Of A Firearm By A Felon In Oklahoma
Oklahoma law prohibits any person who has been convicted of any felony in any state under any circumstances from possessing a firearm, even if it is legally registered.
This law is strictly followed, unless the defendant has been pardoned of their previous felony, even though they must apply to carry a firearm. Okla. Stat. tit. 21 § 1283
Proving Possession Of A Firearm By A Felon In Oklahoma
To secure a conviction under possession of a firearm by a felon in Oklahoma laws, a prosecutor must prove each of the following elements beyond a reasonable doubt:
- The defendant acted knowingly and willfully; and
- the defendant possessed, had under his or her immediate control, had in any vehicle they operated, had in any vehicle in which they were riding as a passenger, or had at the place where the defendant resides
- any pistol, imitation or homemade pistol, machine gun, sawed-off shotgun or rifle, or dangerous or deadly firearm); and
- the defendant was previously convicted of a felony by any court in the United States.
It is therefore a defense that a defendant did not have knowledge of the gun or that they did not have possession of the gun, if it was not in their actual physical possession.
Possible Penalties
Anyone convicted of this crime will be guilty of a felony in Tahlequah.
They may be punished by imprisonment in the State Penitentiary for 1 to 10 years.
Low-cost Initial Consultation: Tahlequah Firearm Possession Defense Attorney
A conviction of being a felon in possession of a firearm can lead to years in jail and severely alter one’s life.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
