Unlawful Possession of a Firearm

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Unlawful Possession of a Firearm is exactly as it sounds: unlawfully possessing a firearm. However, the grounds that makes possession of a firearm unlawful is not so simple. Specific grounds for unlawfulness of possession is not necessary for prosecutions of certain types of weapons (e.g., sawed off shotguns and rifles whose possession is unlawful in itself. itself. For prosecutions where other grounds (e.g., possession of a firearm by a convicted felon; possession of firearm on school property; carrying a concealed pistol without a handgun license, are required for possession of the firearm to be unlawful, these must be included in the Fifth Element. Basically, unlawful possession of a firearm stems from the type of firearm or the circumstances of possessing the firearm.

Oklahoma Statute

The statute for Unlawful Possession of a Firearm is OKLA. STAT. tit. 21 § 1289, which states “Every person who knowingly has in his possession or under his immediate control a sawed-off shotgun or a sawed-off rifle, whether concealed or not, shall upon conviction be guilty of a felony for the possession of such device, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the State Penitentiary for a period not to exceed two (2) years, or both such fine and imprisonment.”

Elements of the Crime

In order to be convicted of Unlawful Possession of a Firearm 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) knowing;

2) willful;

3) possession of or having under one’s immediate control;

4) a specific type of firearm;

5) specific grounds for unlawfulness of possession, such as carrying a concealed pistol without a valid handgun license.

Oklahoma Jury Instruction #6-37.

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

Being charged with Unlawful Possession of a Firearm 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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