Possession of Firearms Could Lead to Consequences
Video Transcribed: Hi, this is Oklahoma lawyer Stuart Ericson out in Wagoner. Today we’re going to talk about possession of a firearm after commissioned for being convicted of a prior felony offense.
In Oklahoma, if you have a previous felony conviction, whether in Oklahoma or out of state, so you have that prior conviction, after that, you are not allowed to be in possession of a firearm. You can’t have one in your possession, one that you may have some control over in a vehicle, whether driving it or a passenger if you know it’s there, in your house, in somebody else’s house if you know it’s there. It kind of spells out some parameters.
The crime itself is found in Title 21, section 1283. Of course, as with every crime, there are elements to the crime that the state would have to prove beyond a reasonable doubt for you ever to be convicted of it. Those elements are, knowing and willful. Again, it can’t be non-knowing or accidental. You’d have to have the knowledge, and have knowledge that you are possessing a gun or have it in your immediate control. In a vehicle that you are either operating or riding in or having in a place where the defendant or where you reside or where you’re staying, a firearm. And of course, you have to have that prior felony conviction.
This crime is always interesting because it always comes down to knowledge. You’re a passenger in a car, there’s a gun in the console. Man, that car’s pulled over, the officer finds the gun, finds out you’re a convicted felon, you’re charged. All of these things are fact-driven about, did you know there was a gun in the car? Did you not know there was a gun in the car? In the apartment that you’re at, were there guns present? Is there any testimony that guns are on the table and you didn’t leave? Any testimony that guns are on the table and you’re like, “Whoa, I cannot be here. I’m out.”
As with every crime, everything is fact-driven. Of course, it requires the previous felony conviction, which that does have to be proved, and that you knew or had some knowledge of a gun being in your presence. It’s a serious offense. It’s a felony. As with any case, fact-driven, you’d want to get all the police reports, discuss them, see what the plea bargain is, and just decide the best course of action based upon the facts and the law and whether to fight or whether a plea bargain is the best deal, and of course consulting with an attorney is always the best way to do that.
If you have any questions about that, reach out to me, Wagoner felony defense attorney Stuart Ericson at wagonerlawyer.com.
