Oklahoma laws regarding guns around a felon

pcgizzmo

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Hello! I'm new here. I live in Texas (Please don't boo me) but my wife went to OU and her parents still live in OKC. So, BOOMER SOONER!

I'm hoping someone can help me answer a few questions. Anyone is welcome but I'd also love it to hear from someone in law enforcement. In short, my brother in law has just got out of Prison. He is living with my in-laws. My father in law has just given all his guns to a friend and told my wife that I can't bring my gun to their house anymore. He's also told me I can't carry it around his my brother in law. So, I'm curious.

1. Can I not legally take a gun to their house as long as he doesn't have posession of it?
2. Can he ride with me in a car while I have it on my person?
3. If I can't have it in their house can I store it locked in my car at their house?
4. Can he come to visit me in Texas if I have guns in my house that are locked up?

The law seems a little vague to me because with open carry in Oklahoma he will be around guns on certain occasions. Also, what if he goes to someone's house to visit? Is he supposed to quiz everyone he visits?

Thanks!
 
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I'm no lawyer or LEO, but a felon cannot possess firearms in OK. That brings you to physical possession and constructive possession and a whole lot of what ifs pop up. As I understand it he can't have firearms present in his place of residence and obviously not actual physical possession in any circumstance.

As for you carrying around him if you are carrying concealed, how is he going to know? Open carry is new here. I think that the way it's looked at is if you have the weapon on your person you have possession and nobody else. I wouldn't worry about it too much unless it's not on your person, then he might could get into some trouble over it.
 
The way i understand it, is that if its in a holster attached to you, you are good to go, if you left it in the glove box and got out of the car while he was still in it, then he is now breaking the law.
 
Post One Answers
Question 1 NO!!!
Question 2 NO!!!
Question 3 NO!!!
Question 4 you will have to look up Texas Law

You know that he is a Felon why do you want to push the edge of the law

Post 3
Jonathan look up Oklahoma Self Defense Act A Felon can not be in a car when there is a Firearm in it. No Exception
 
OSDA

TITLE 21 § 1283 CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.
B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.
 
Rick Honey said:
OSDA

TITLE 21 § 1283 CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.
B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.
Doesn't this place all the issue/liability on the felon and not on anyone else in the vehicle or home?
 
We had another good thread on this topic a couple years ago. I wil 'll see if I can find it when I get back to a computer
 
Old Gun said:
(I can't copy and paste or use Quotes)

Post 5 Needs to add Section E to A & B
TITLE 21 § 1283 CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.
B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.
C. It shall be unlawful for any person supervised by the Department of Corrections or any division thereof 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.
D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.
E. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any pistol authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
F. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.
G. For purposes of this section, “sawed-off shotgun or rifle” shall mean any shotgun or rifle which has been shortened to any length.
H. For purpose of this section, “altered toy pistol” shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
I. For purpose of this section, “altered air pistol” shall mean any air pistol manufactured to propel projecting by air pressure which has been altered from its original manufactured state.

TITLE 21 § 1284 PENALTY FOR 1283
Any previously convicted or adjudicated person who violates any provision of Section 1283 of this title shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years.
 
Jeff T said:
TITLE 21 § 1283 CONVICTED FELONS AND DELINQUENTS
...
E. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any pistol authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
...
TITLE 21 § 1284 PENALTY FOR 1283
Any previously convicted or adjudicated person who violates any provision of Section 1283 of this title shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years.
Based on the highlighted text, IMHO, if I have possesion of the weapon, holstered on my body, then I am in the clear. The moment I leave the weapon anywhere in a felons presence, car, house, apartment, tent, trailer, coffee table, anywhere... Then I would be guilty under the law. As long as I have possesion on my body, I am not guilty. The onus is on the felon if he is coming to my house to know that I have weapons and he will be breaking the law if he enters.
This is just MY Opinion. I am not a Lawyer. I am a computer geek.
 
pcgizzmo said:
If you can find the thread. I'd love to read it. Thanks..
Well, I can't find it for some reason, But here are my thoughts:

Section A quoted above has to do with the felon and what they are not permitted to do. In this case have a gun in his possession, allow someone to have a gun in his car or his house or ride in a car with a gun (even if it a legal carry).

Section E is what the CHL holder is not permitted to do. In this case, allow felon to posses or control your gun. You are not in violation of section E because you didn't allow him to possess your firearm and I personally do not think you are in violation Section A either.

The felon might go to jail but I don't think the permit holder would be in violation because he/she did not allow it to happen, even though it did happen

Disclaimer: I am not a layer. Although, I would not want my friend (felon) to be the test case
 
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