A long time ago, you made a mistake and did your probation or your time, but you’re still paying for that mistake all these years later. Can’t own a gun, can’t go hunting with your kids. Most people might not realize it, but under current Oklahoma law people with non-violent felony offenses can petition the courts to regain their 2nd Amendment rights.
The Good News: Title 21 Section 1283(B) of the Oklahoma Statutes says:
Any person who has previously been convicted of a non-violent 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 . . . 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.
That’s a really hard way to say: “Non-violent offenders can get back their right to own a gun.” Yes!
Title 57 Section 571 lists which felony charges are considered “Violent.” Anyone with a conviction for any of these offenses can never legally own a firearm:
a. assault, battery, or assault and battery with a dangerous or deadly weapon;
b. aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law;
c. poisoning with intent to kill;
d. shooting with intent to kill;
e. assault with intent to kill;
f. assault with intent to commit a felony;
g. assaults while masked or disguised;
h. murder in the first degree;
i. murder in the second degree;
j. manslaughter in the first degree;
k. manslaughter in the second degree;
m. burglary in the first degree;
n. burglary with explosives;
o. kidnapping for extortion;
r. robbery in the first degree;
s. robbery in the second degree;
t. armed robbery;
u. robbery by two (2) or more persons;
v. robbery with dangerous weapon or imitation firearm;
w. child abuse;
x. wiring any equipment, vehicle or structure with explosives;
y. forcible sodomy;
z. rape in the first degree;
aa. rape in the second degree;
bb. rape by instrumentation;
cc. lewd or indecent proposition or lewd or indecent act with a child;
dd. use of a firearm or offensive weapon to commit or attempt to commit a felony;
ee. pointing firearms;
gg. inciting to riot;
hh. arson in the first degree;
ii. injuring or burning public buildings;
kk. criminal syndicalism;
mm. obtaining signature by extortion;
nn. seizure of a bus, discharging firearm or hurling missile at bus;
oo. mistreatment of a mental patient; or
pp. using a vehicle to facilitate the discharge of a weapon pursuant to Section 652 of Title 21 of the Oklahoma Statutes.
It’s a long list, but it leaves a WHOLE BUNCH of charges that ARE eligible for a pardon or expungement and YOU could get your rights back!
If your particular crime is not on this list, and you’ve been living The Good Life, acting like a Responsible Citizen, and Taking Care of Business, you are probably eligible for a Pardon.
The Pardon process normally takes six (6) months to a year. Once your application is approved by the Pardon and Parole Board, the Governor can sign your Pardon. Afterwards, if it has been ten (10) years since the felony sentence ended, that person can petition the District Court for an expungement of his or her criminal record.
An expungement allows a person to legally state that his or her particular crime did not occur. Its like the expunged crime never happened and the general public can not see it. We highly recommend that anyone eligible for an expungement seek one as soon as possible. You can’t predict the future, but you can correct the past!
Call us at (405) 236-1800 or email us at firstname.lastname@example.org, and lets discuss your eligibility for a pardon and an expungement. Call now and lets get this going!