Good gawd man. You're gonna base your own freedom, your job and your family's well being on some response on an Internet forum? It's all well and good that you have a 'thought' about it. But I sure as heck wouldn't bet my freedom or peace of mind on it. That's just not wise. Ditto on everything BadgeBunny said.
Good gawd man. You're gonna base your own freedom, your job and your family's well being on some response on an Internet forum? It's all well and good that you have a 'thought' about it. But I sure as heck wouldn't bet my freedom or peace of mind on it. That's just not wise. Ditto on everything BadgeBunny said.
From speaking with a probation and parole officer, a deferred sentence is still a sentence even though they're out and about. This offender is a felon until they are past their discharge date, and/or the judge has expunged their record. Since they are still a currently sentenced felon all typical rules apply. No guns in the household and typically no associating with known felons.
Although, you should still speak with the DA's office etc. to be 100% sure the offender doesn't screw up this opportunity and end up actually serving out the remainder of his sentence along with having this on his record. Nobody can 100% answer your question unless they have the offender's records in front of them.
Although, you should still speak with the DA's office etc. to be 100% sure the offender doesn't screw up this opportunity and end up actually serving out the remainder of his sentence along with having this on his record. Nobody can 100% answer your question unless they have the offender's records in front of them.
What part of I'm going to speak with the attorney who handled the case wasn't clear? Where did I say that I'm going to based livelihood on a response from an Internet forum? Sorry I didn't spell it out slower so you could understand, I'll try harder this time. Ok, I'm spelling this slowly so you will understand, I'm going to speak with the attorney who handled the case and go from there. Is that better? The reason I posted the question in the first place is because I thought that in a firearms community someone might have a statute that would be relevant, my mistake, I guess I should have posted a question like this on a cooking forum.
31. What if my application is denied?
If denial of the application was due to failure to complete the process or failure to provide proof of training, you may supply the missing documents within 60 days and the OSBI will re-open your application.
If you are denied for those statutory provisions that have a time element, you must wait until the appropriate amount of time has elapsed before reapplying. For instance, if you are serving a deferred sentence for a felony offense, you must wait 3 years until final determination of the matter.
If denial was based on a condition that has since changed, you may reapply. For instance, if you were previously living with a felon or adjudicated delinquent and that is no longer the case, you may reapply.
Failure to comply in good faith and significant character defects as evidenced by a misdemeanor criminal record indicating habitual criminal activity are considered permanent preclusions unless a hearing officer overturns the basis for denial at an appeal hearing.
You must notify the OSBI in writing (by letter, email, or fax) within 60 days of OSBI's mailing the denial notification if you intend to appeal the denial of your SDA application.
This is quoted from the osbi web site, it's also covered in your self defense hand book
See OKLAHOMA TITLE 21 § 1283 Section D and E
D.
It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender fo
r the
commission of an offense, which would have constituted a felony offense if committed by an adult, to have in
the
possession
of the person
or under the immediate control
of the person
, or have in any vehicle which he or
she is driving or in which
the
person is riding as a passenger, or at the residence
of the person
, 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 adju
dication
; 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) pursuan
t to
the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.
E.
Any person having been issued a 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
24
pu
nishable 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.
TITLE 21 § 1290.11 OTHER PRECLUSIONS Section A 9 and 10
6
9.
An adjudicated delinquent or convicted felon residing in the residence of the applicant which may be a
violation of Section 1283 of this title. The preclusive period shall be thirty (30) days from the
date the
person no longer resides in the same residence as the applicant; or
10.
An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of
a deferred sentence or a deferred prosecution for any one or more
of the following misdemeanor
offenses in this state or another state:
a.
any assault and battery which caused serious physical injury to the victim or any second or
subsequent assault and battery,
b.
any aggravated assault and battery,
c.
any stalking
pursuant to Section 1173 of this title, or a similar law of another state,
d.
any violation of the Pro
tection from Domestic Abuse Act
or any violation of a victim protection order
of another state,
e.
any violation relating to illegal drug use or poss
ession, or
f.
an act of domestic abuse as defined by Section 644 of this title or an act of domestic assault and
battery or any comparable acts under the law of another state.
The preclusive period for this paragraph shall be three (3) years and shall be
gin upon the final determination of the matter.
If for example the DA decides that you allowed this person to have control of a firearm because you allowed him into a home with firearms, You'll need about $100,000 and an excellent lawyer to stay out of jail yourself.
Skip the I have 2A rights and they cannot do this to me, men with guns and badges often show up when a DA tells them to, they leave it up to the DA as to whether there actions are legal and just.
That said I based my opinions off a plain english reading of the statute, I'm not a lawyer but I have read english and legal documents for a living in times gone by, I know enough to know it's time to move your firearms or the felon out of the house until you consult an attorney, you are playing with fire and if it goes before a judge do not expect him to cut you any slack just because you consulted the internet.
TITLE 21 § 1290.11
OTHER PRECLUSIONS
9.
An adjudicated delinquent or convicted felon residing in the residence of the applicant which may be a
violation of Section 1283 of this title. The preclusive period shall be thirty (30) days from the
date the
person no longer resides in the same residence as the applicant;
Nope that only pertains to a denial of your application. Not one section of the statutes I have read mention suspension of your permit if you reside with a known felon. They do however prohibit firearms in the home and are a cause for denial of your application.
I also have issue with the exception for peace officers. If we are so obviously judgementally flawed that we can not have a firearm that we secure and keep out of reach of a felon then what does that say about the judgement of someone who is sworn to uphold these laws. That they are somehow superior? Sorry but if you love someone enough to continue living with them even if they have a felony you should not be a law enforcement officer. But hey I think laws should be applied equitably to all civilians and there respective agencies regardless of their job.
maybe you missed the part where I've done this already in the past I spoke to the SDA licensing bureau and even had a letter response I received when I asked about my permit when the second ex managed to become a felon. I was instructed that by statute I could no longer have firearms and that a renewal application would be denied but nothing precluded me from keeping my permit and I could have guns again once we no longer cohabitated. I let my permit expire and then we got divorced six months later.
I also have issue with the exception for peace officers. If we are so obviously judgementally flawed that we can not have a firearm that we secure and keep out of reach of a felon then what does that say about the judgement of someone who is sworn to uphold these laws. That they are somehow superior? Sorry but if you love someone enough to continue living with them even if they have a felony you should not be a law enforcement officer. But hey I think laws should be applied equitably to all civilians and there respective agencies regardless of their job.
maybe you missed the part where I've done this already in the past I spoke to the SDA licensing bureau and even had a letter response I received when I asked about my permit when the second ex managed to become a felon. I was instructed that by statute I could no longer have firearms and that a renewal application would be denied but nothing precluded me from keeping my permit and I could have guns again once we no longer cohabitated. I let my permit expire and then we got divorced six months later.
"I also have issue with the exception for peace officers."
No kidding. You and me both. That just seems like one of those things that no good can come from.
No kidding. You and me both. That just seems like one of those things that no good can come from.
PM me, initial consultations are free.
sounds like you need new friends....
sounds like you need new friends....
Sounds like you don't know what the hell your talking about.
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