If you have a criminal record, you can lose your gun rights and face serious penalties, especially if you have been convicted of a felony. Oklahoma takes these offenses seriously and can punish firearm possession after a conviction with extensive prison time and costly fines. To minimize the penalties you could be facing, talk to an Oklahoma City weapons offenses lawyer who can defend you and negotiate a reduction in charges.
How Criminal History Impacts Gun Rights
An individual’s criminal history has a significant impact on his or her ability to possess or own a gun. Gun rights are often revoked when a person is convicted of a felony offense. If caught with a gun, offenders can face harsher penalties for violating gun rights restrictions. According to Oklahoma Statute Title 21 § 1283, it is illegal for any individual convicted of a felony or non-violent felony to possess a firearm. This also includes anyone who is on felony probation, adjudicated as a minor, is an illegal alien, or provides a convicted felon with a gun.
Offenses That Can Cost You Your Gun Rights
In general, felony convictions result in an automatic loss of your gun rights. However, some misdemeanor charges can also cost you the right to possess a firearm. Typically, violent misdemeanors such as assault, battery, and domestic violence can result in a loss of gun rights. Individuals who violate a victim protective order can also have their gun rights revoked for threatening the safety of another individual.
Penalties for Possessing a Firearm when You Have a Criminal Record
The potential penalties for gun charges in Oklahoma can be strict, and having a criminal record can make them much harsher. Gun crimes committed after a felony conviction can be punished as a B4 felony offense. This may include up to 10 years in prison and steep fines. Repeat offenses of this nature may also receive increased penalties. While gun crime sentencing with a past misdemeanor charge may be less severe than a past felony charge, alleged offenders should still take these charges seriously and consult a lawyer.
Options for Reinstating Your Gun Rights
Some individuals with criminal histories may have the opportunity to put their criminal history behind them. With the help of legal representation, offenders who have served their sentence could petition the court for a pardon, which would forgive the crimes they committed. Individuals may also have the opportunity to request a criminal history record expungement to have their record sealed. These options may also allow your gun rights to be reinstated. Be sure to talk to your Oklahoma City expungement lawyer about your options and how to proceed if you are eligible for either of these options.
Seek Legal Help If You Are Facing Gun Crime Charges With a Criminal History
If you have been arrested for a gun crime and have a criminal history, it is important to seek out an experienced defense attorney in Oklahoma City who can defend and advocate for you. Additional and enhanced charges can have serious ramifications for your future, and fighting these charges requires a skilled approach and specific strategies. Josh Lee & Associates can communicate on your behalf and challenge the evidence against you to preserve as much of your freedom as possible.
