Oklahoma is typically considered a gun-friendly state, allowing open carry of firearms and excepting private sellers from conducting background checks. The private seller loophole sometimes allows convicted felons and others prohibited from gun possession to circumvent the law to purchase firearms.
Possession of a firearm by a convicted felon not only violates state law, but it is a federal offense in violation of the United States criminal code. Typically, Oklahoma gun crimes are prosecuted in state courts, but in some cases, the federal government takes jurisdiction. Federal gun crimes are prosecuted by United States District Attorneys in federal court.
A recent local news feature exposed how the private seller loophole makes it possible for convicted felons to buy the firearms and ammunition they are prohibited from possessing. When these individuals approach a federal firearms dealer rather than a private seller, they simply walk away when realizing they must submit to a background check. At other times, they mock the process, saying they will just send a friend or relative to purchase the gun for them. Increased police presence at gun shows has helped to curb the problem, but gun shows and private sellers remain popular among prohibited persons wishing to buy a firearm.
Federal law prohibits convicted felons, those with documented mental illness, individuals subject to a restraining order, and other various individuals from owning or possessing guns and ammunition. These prohibited persons are defined in 18 U.S.C. § 922 (g):
- Anyone convicted in any court of a felony or a crime punishable by more than one year in prison
- Anyone who is a fugitive from justice
- A drug addict or unlawful user of a Controlled Dangerous Substance
- Anyone who has been adjudicated as a mental defective or committed to a mental institution
- An illegal alien or anyone who is unlawfully in the United States
- Anyone with a dishonorable discharge from the United States armed forces
- Anyone who has renounced his or her U.S. citizenship
- Anyone subject to a restraining order for harassing, threatening, or stalking an intimate partner or child
- Anyone convicted in any court of misdemeanor domestic violence
Last week, a federal grand jury indicted a Garfield County man on federal gun charge of being a mentally defective person in possession of a firearm. Drummond High School staff members called police in late January saying that a man was "walking around the school acting very strange." Sheriff's deputies found Justin Wayne Prentiss, 32, a man who had formerly attended the school and who had a history of mental illness. Prentiss told deputies that he was looking for the school's former principal, Jerry Ott, saying he was "upset" with the principal for "kicking him out of school" nearly 20 years ago. Prentiss had a .45 caliber handgun in his possession.
Whether you are facing gun charges in federal court or Oklahoma state court, your defense hinges upon finding an experienced gun lawyer to handle your case. Visit the website of attorney Ryan Coventon to submit a confidential case review form or call (405) 417-3842.
