If you are charged with a felony, you face not only the prospect of a prison term, but also collateral consequences that extend beyond your sentence. One of the most commonly known collateral consequences of felony conviction is the loss of the right to possess firearms.
In Oklahoma, felons are prohibited from obtaining a gun license, but there are also several others who cannot obtain an open or concealed carry permit in the state. With the passing of HB 2840, the Oklahoma legislature attempts to clarify some of those restrictions. The bill was sent earlier this week to Governor Mary Fallin for her approval.
Authored by Rep.Charles McCall and Sen. Josh Brecheen, HB 2840 amends 21 O.S. 1283 to add to the persons prohibited from possessing firearms anyone who is "under the jurisdiction of any alternative court program." The statute is amended to define and clarify what constitutes an alternative court.
Section 1283 makes it illegal for convicted felons to possess firearms or have them under immediate control, including riding in a vehicle in which there is a gun or having guns in his or her residence, whether or not the person is the owner of the firearm in question.
The statute also allows the reinstatement of firearm rights for people who have been convicted of non-violent felonies and who later received a full pardon for the offense.
The next portion of the statute is one that will be amended by HB 2840 if Gov. Fallin signs it into law. It will read as follows (bold portion reflects the amendment):
"It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program 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."
In a subsequent section, the amended statute defines "alternative court program" as "any drug court, Anna McBride or mental health court, DUI court or veterans court."
In addition to those convicted of felony or serving a term of probation for a felony, anyone adjudicated delinquent or a youthful offender for a crime which would be a felony if committed by an adult is prohibited from firearm possession for a period of 10 years following the adjudication.
Furnishing a firearm to a convicted felon is a felony, as is being a felon in possession of a firearm.