Owning a rifle with a felony

[ROON]

OK, Another question. I did a couple of searches and found some info on it but it was more on the CCW side.

One of the guys I work with is from Missouri and had a felony when he was 18 years old (lives in oklahoma now). It was a theft charge of some kind. He went to prison for a few years. He is 45 years old now and I consider him a friend and a good guy. I know some might say he is a thief and not care about his rights. But I think people can change. He told me that he wasn't allowed to own a firearm of any kind. I told him that he should talk to the osbi or atf about this and see if there was a limitation on how long he can "not" own a gun. Just wanted to see what you guys thought.

 

[langston302]

nope sorry he can not own a firearm of any kind.......there is no time limit.


OS 21-53-1283


A. Except as provided in subsection B of this section, 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.

B. 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 by subsection A of this section, the right to apply for and carry a concealed handgun pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.

C. It shall be unlawful for any person supervised by the Department of Corrections or any division thereof 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 supervised 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.

D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the person's possession or under the person's immediate control, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the person's residence, 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 within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.

E. Any person having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any pistol authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.

F. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.

G. For purposes of this section, "sawed-off shotgun or rifle" shall mean any shotgun or rifle which has been shortened to any length.

H. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.

I. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.

 

[Glocktogo]

About the only thing he could do is petition for an expungement or full pardon of the felony.

 

[ROON]

That's what I needed to know. Thanks

 

[Buzzdraw]

Might ought to do some more study. 21 O.S. 1283 does have prohibitions. Note that G. For purposes of this section, "sawed-off shotgun or rifle" shall mean any shotgun or rifle which has been shortened to any length. from this section deals with altered length (shortened) long guns.

1283 does set some other classes of weapons strictly off limits to those with a felony.

Suggest a check of applicable Federal statutes too.

 

[gerhard1]

About the only thing he could do is petition for an expungement or full pardon of the felony.

I am thinking the same thing. Apply for the pardon or expungement.

 

[ripnbst]

Or buy used privately...but that would be breaking the law.

 

[cmhbob]

OK can expunge all it wants, but the Feds won't recognize it. So he'll be safe from OK charges, but not federal charges.

 

[owassopilot]

OK can expunge all it wants, but the Feds won't recognize it. So he'll be safe from OK charges, but not federal charges.

Not entirely accurate there. Federal law doesn't actually say anything about a felony, just any crime for which a person could serve more than 1 year in prison. Furthermore, Oklahoma law cannot be contrary to Federal law, so the SDA cannot allow a handgun license to be issued to anyone prohibited by Federal law. Keep in mind, though, the only pardon that is accepted for the purposes of the SDA is a pardon for a "non-violent" felony.


So, there are two issues. What type of pardon restores the right to possess a firearm, and what type, according to the SDA, allows the issuance of a concealed carry permit. These are two different standards, with the SDA having a higher standard, making only an exception for pardons of non-violent felons eligible for a concealed carry permit.
Directly from the ATF website:

Identify Prohibited Persons

The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).

These categories include any person:

Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
convicted of a crime punishable by imprisonment for a term exceeding one year;
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance;
who has been adjudicated as a mental defective or has been committed to any mental institution;
who is an illegal alien;
who has been discharged from the military under dishonorable conditions;
who has renounced his or her United States citizenship;
who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).


http://www.atf.gov/firearms/how-to/identify-prohibited-persons.html

If you receive a pardon, you are no longer "convicted" according to any law. The pardon has to come from the state where the conviction is. Oklahoma cannot pardon a crime committed in Missouri.

 

[cmhbob]

Pardon is different from expungement. Pardons come from the governor. Citizens ask the courts to expunge. Expunging will not protect you from federal charges, even though it might restore your state gun rights - in some states.