What Happens in Muskogee Court with a Possession of a Firearm by a Convicted Felon in Oklahoma Charge?

Although the term “felon in possession” may sound familiar to some, most are unaware that possession of a firearm by a convicted felon in Oklahoma can have serious consequences.

Although the city of Muskogee punishes various gun crimes, a felon in possession charge will land you in state court, instead of municipal court.

Under Oklahoma state law, a person convicted of any felony in any state could charged with this crime if they are found to be in possession of any firearm.

Even being in possession of a legally registered handgun is a violation of this law.

Only non-violent felons who have received pardons for their crimes are exempt from the law regarding possession of a firearm by a convicted felon in Oklahoma.

These individuals may carry a firearm only after applying for one and can also work as peace officers. (Ok. Stat. Tit. 21 Sec. 1283)

Proving Possession Of a Firearm By a Convicted Felon in Oklahoma

Once in court, the state prosecutor will attempt to prove each element of the crime’s definition in order to secure a conviction.

To prove possession of a firearm by a convicted felon in Oklahoma, a prosecutor will have to show the following:

First, that the defendant acted knowingly and willfully;

Second, that the defendant possessed/(had under his immediate control)/(had in any vehicle he operated)/(had in any vehicle in which he was riding as a passenger)/(had at the place where the defendant resides);

Third, any pistol/(imitation/homemade pistol)/(machine gun)/(sawed-off shotgun/rifle)/(dangerous/deadly firearm);

Fourth, the defendant was convicted of a felony crime by any court in the United States.

In cases where the defendant was found with a gun on his person, the case will be very easy to prove.

In other cases where the defendant may not have had the gun on his person or was simply near a gun, it will be much more difficult to prove that he was in “possession” of it.

If convicted of this crime will be guilty of a felony and may be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years.