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Can I Possess a Firearm in Oklahoma?

Posted by E. W. Childers | Sep 04, 2019 | 0 Comments

Can you have a firearm?  The law regarding possessing firearms is very complicated unless you are a felon, then it is very easy. and generally no you cannot.  Following are some of the rules governing possessing firearms for people involved in the criminal justice system.

Special Note: the answers provided below do not apply to carrying a firearm. Possessing a firearm at your home is different from carrying it in public.

Can I Possess a Firearm in Oklahoma if I haven't had any involvement in the criminal justice system?

Yes. If you are an adult and not a felon in Oklahoma you may possess a firearm as long as the weapon itself is not illegal under Federal Law.  Even then, licenses can be obtained for certain otherwise illegal weapons (for example, you can get a federal license from the Bureau of Alcohol, Tobacco, and Firearms that would allow you to own and possess a machine gun manufactured prior to 1986, it is extremely expensive and time consuming, and subjects you to supervision by the ATF, but it is possible).

Can I Possess a Firearm in Oklahoma if I am a convicted felon? 

No. You cannot have a firearm. According to 21 O.S. §1283(A) it is "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."  Punishment for this is set from one to ten years in the Oklahoma Department of Corrections.  Note this is also a federal crime under 18 U.S.C. §922(g)(1).  Some federal felonies (e.g. anti-trust violations, etc.) do not trigger the federal prohibition, but still trigger the state prohibition.

Can I Possess a Firearm in Oklahoma if I am on probation for, but not convicted of, a felony? 

No. You cannot have a firearm. According to 21 O.S. §1283(B) it is " 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."  So, if a person is serving probation under a deferred sentencing arrangement they may not have a firearm for the duration of the deferred sentencing arrangement.

Can I Possess a Firearm in Oklahoma while I have a felony charge pending?

Maybe. It is illegal under federal law for anyone to transfer a firearm to a person under indictment for a felony and for such a person to receive a firearm. It is not illegal for such a person under an indictment to remain in possession of otherwise legally owned firearms. So if you don't already have firearms you will not legally be getting any, but if you already have them you may keep possessing them as long as your bail conditions don't forbid it (if they do get someone trustworthy to hold your weapons for you until the matter is resolved). If you are eventually convicted or start probation for the felony charge then you will have to surrender your firearms or give them to somebody who is allowed to receive and possess them (do not transport them yourself, have them picked up).

Can I Possess a Firearm in Oklahoma if I have been convicted of misdemeanor domestic violence? 

No. You cannot have a firearm. You are prohibited by federal law, but not Oklahoma law, from possessing a firearm.

Can I Possess A Firearm in Oklahoma if I am on probation (a deferred sentence, no conviction) for misdemeanor domestic violence? 

Maybe. According to the ATF that is not a federal crime, however, you must scrutinize your Rules and Conditions of Probation.  If your Rules prohibit you from possessing a firearm then you risk accelerating your deferred sentencing into a conviction which would subject you to a federal ban on possessing firearms. Your rules likely prohibit you from possessing a firearm.

Can I Possess A Firearm in Oklahoma if I am on probation for a different misdemeanor?  

Maybe. Possessing a firearm under these circumstances should not lead to a criminal charge for possessing a firearm even if your Rules and Conditions of Probation forbid it.  However, if your Rules prohibit you from possessing firearms then violations of the Rules and Conditions of Probation may lead to further consequences such as sanctions, jail time, or conviction if you are not already convicted due to a deferred sentencing arrangement.

Can I Possess a Firearm in Oklahoma if I am subject to any Victim Protective Order, including an Emergency Protective Order? 

No. You are prohibited by federal law from possessing a firearm during the duration of the order.  Find a trusted non-prohibited person to hold your firearms for you for the duration.

Note: it presently illegal for anybody in Oklahoma to carry a handgun on their person, away from private property or their own business, without a handgun license. There are exceptions for hunting and sporting events (for participants in those events).  A license to carry a handgun is not available for people ineligible to possess a firearm.

On November 1, 2019 it will be legal for all person eligible to possess a handgun to carry a handgun concealed or openly in public. This rule will not apply to privately owned property where the property owner forbids it and to certain other designated areas (like a court house, school, or professional sports arena). This information will be updated.

About the Author

E. W. Childers

I am a husband, father, Army veteran, and attorney here in Norman, Oklahoma. I've been practicing law throughout Central Oklahoma since 2006 shortly after I graduated from the OU College of Law. In my practice I have emphasized Family Law, Criminal Defense, and Personal Injury. I like to help peo...

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