Gun ownership laws are tricky to navigate. On one hand, the Constitution grants all citizens the right to own a firearm. On the other hand, laws can add restrictions to that ownership.
In this article, we will discuss what disqualifies Oklahoma residents from owning a firearm, and we will explain the penalties for breaking those restrictions.
Minors under 18 are not allowed to own guns in the state.
Regardless of your right to own a gun, there are places the state will not allow you to carry one. This includes school campuses or busses, sports arenas, bars, casinos, and government buildings.
Generally, people who live in other states cannot buy a gun in Oklahoma. Illegal aliens are also prohibited from purchasing firearms within the state.
Restrictions Based on Criminal Behavior
Convicted of a Crime
According 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. If adjudicated of a crime that would be felonious for adults, the juvenile cannot own a firearm for 10 years after that adjudication.
These restrictions will follow you into all areas of your life. Convicted felons cannot have guns for hunting or for shooting ranges.
Restoring your gun rights can come only through an official pardon from the Governor. A skilled attorney may be able to help in this situation. They can write a plea to the Governor on your behalf. If that plea is convincing enough and shows the proper evidence of your innocence, you could have your gun rights restored.
Domestic Violence Convictions
If you’ve been charged with misdemeanor domestic violence, you will lose your gun rights. Domestic violence can happen many different people. Romantic partners, whether they are together or not, can be accused. This includes anyone with whom had a simple, casual fling. Domestic violence can also happen between family members, regardless of where they live or how often they see one another. Any housemates could also be guilty of domestic violence, even if they have no relationship outside the home.
With such a broad definition, you should seek legal counsel if you’re ever accused of domestic violence. A simple scuffle between brothers could result in a complete loss of your gun rights.
Final Protective Orders
Protective orders, or restraining orders, have many different levels in Oklahoma. Final Protective orders are at the top. Before these are issued, both the accuser and the accused may appear before a judge, produce evidence and witnesses, and so on. The court must be convinced of the order’s need to issue it.
If you’ve had such an order placed against you, you will lose your gun rights throughout its duration. They typically last up to five years, but they can also be indefinite.
Oklahoma’s Penalties for Illegal Possession of a Firearm
Punishments vary based on the nature of the crime.
- If you allow a minor to possess a firearm, you could face up to 30 days in jail and fines up to $250.
- If a convicted felon is found with a gun, they could face up to 10 years in prison.
- If you are accused of having a weapon in an unlawful location, you could spend up to 2 years in jail and pay fines up to $1,000.
- If you are under the influence of drugs or alcohol and have a gun, you could face 10 days to 6 months in jail with fines as high as $500.