Commission of Felony and Role of a Criminal Defense Attorney
The right to carry arms is guaranteed by the Second Amendment of the United States Constitution, although it is not absolute. You have some say in whether or not that right is exercised. Federal law gives states the discretion to control gun ownership and carry, which they frequently do. As a result, Oklahoma City has enacted legislation making it illegal to own a firearm after committing a felony.
Here's what you need to know about how Oklahoma prosecutes crimes for which you've been convicted and found in possession of a handgun. Contact a criminal defense attorney before it is too late.
Possession of a Firearm after a Felony in Oklahoma City: What the Law Says
According to Oklahoma law, anyone convicted of a crime is prohibited from owning or possessing a handgun of any kind, whether as a driver or passenger in a car or at home. You're not allowed to have a firearm under your direct care, custody, or control, in other words.
As a result of this legislation, it is illegal to own or possess any type of firearm, whether it is a real firearm or an imitation or a made firearm. This includes convicted individuals who are on probation or who are overseen by an alternative justice program. Alternative court program include Anna McBride, drug court, mental health court, DUI court, and the court for veterans.
There is, however, an exception to the rule set down in the Act. There are cases in which people who have previously served time for a non-violent criminal can get their hands on a gun again after receiving a full and complete pardon from the relevant authority.
Getting this right back requires proving to the court that your sentence was commuted. Additionally, you should show that you have never been convicted of a felony crime for which no pardon was issued.
The Crime's Elements
Every offence has particular elements in Oklahoma. For the prosecution to succeed in convicting a client, all parts of the crime must be shown beyond all doubt. To conduct this crime, you'll need the following supplies:
Willfully and voluntarily
If you live somewhere and have any of these things, or if you are in a car that you drive or are a passenger,
Guns, handmade or replica machine guns and pistols; sawed-off shotguns; and other lethal firearms
Even if you were arrested recently, your criminal record predates your arrest
Legal Arguments
Most legal arguments try to downplay the gravity of the offence. Think about it this way: you're riding along with the person who brought the gun, and you had no idea he or she had one. A person may be less likely to have something they don't intend to have it. If this is your situation, you should contact a criminal lawyer in Oklahoma City as soon as possible. Come to Foshee and Yaffe Attorneys at Law by scheduling your appointment on our website.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.