POSSESSION OF A FIREARM AFTER FELONY CONVICTION

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Possession of a Firearm After Felony Conviction is simply possessing a “firearm” after having been found guilty of a felony charge and therefore being prohibited from possession of a firearm. You can be charged with this or a similar offense for possession a firearm, while on felony probation without a conviction, if possession of a firearm is a prohibited act during probation.

This means that a person must knowingly and willfully possess a firearm after having been convicted.

Oklahoma Statute

The statute for Possession of a Firearm After Felony Conviction is OKLA. STAT. tit. 21 § 1283, is long and complex, because the circumstances that support a felony charge for possession of a firearm after a felony is complex. The specific language from the statute follows:

It shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.

Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act or as otherwise permitted by law, and the right to perform the duties of a peace officer, gunsmith, and for firearms repair.

It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating or is riding as a passenger, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or rifle, while such person is subject to supervision, probation, parole or inmate status.

The last paragraph is what gets many defendants in trouble for possession of a firearm. You can be charged with this offense for being on felony probation without a conviction!

Elements of the Crime

In order to be convicted of Possession of a Firearm After Felony Conviction in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:

1) knowingly and willfully;

2) possessing, having under one’s immediate control, having in any vehicle one operates, having in any vehicle in which one is riding as a passenger, or having at the place where the defendant resides;

3) any pistol, machine gun, sawed-off shotgun, rifle, or dangerous or deadly firearm;

4) the defendant was convicted of a felony by the court of the jurisdiction on that date.

Oklahoma Jury Instruction #6-39.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Possession of a Firearm After Felony Conviction in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.


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