As reported in the Oklahoman, an Oklahoma State Representative introduced a bill that would allow felons to regain their right to own a firearm. However, what most people might not realize is that under current Oklahoma law, persons with non-violent felony offenses can already petition the courts to regain their 2nd Amendment rights.
Title 21 Section 1283(B) states:
Any person who has previously been convicted of a nonvolent 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 firearmas repair.
Title 57 Section 571 lists which felonies are considered “Violent.” Anyone with a conviction for 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.
The Pardon process usually takes six (6) months to a year and once approved by the Pardon and Parole board and signed by the Governor, a person’s civil right to own a firearm is reinstated. 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 criminal record.
An expungement is a particularly powerful tool that will allow a person to legally state that a certain matter did not occur. For all intents and purposes, the expunged crime never happened and the general public can not see it. It is highly recommended that anyone eligible for an expungement seek one as soon as possible.
If you wish to speak with an attorney about getting your 2nd Amendment rights back, then I invite you to contact me via telephone or email so we can discuss your eligiblity.