Oklahoma has restrictions on the sale, transfer, and possession of firearms that are separate and distinct from the federal restrictions. If a person runs afoul of the law, they could potentially face prosecution in both state and federal court. Here’s a primer from Chapter 3 of Oklahoma Gun Law, Armed And Educated, that specifies our state’s disqualifications for “purchasing” a firearm:
- Oklahoma law disqualifications for “purchasing” a firearm The disqualifications for purchasing firearms under Oklahoma law are contained in the Self-Defense Act of the Oklahoma Statutes and apply to all firearms transactions in Oklahoma. Sections 1273, 1289.10, and 1289.12 of Title 21 make it a crime for a person:
- to knowingly sell, trade, give, transmit or otherwise cause the transfer of rifles, shotguns or pistols to any convicted felon or an adjudicated delinquent;
- to sell or give a firearm to any child (under the age of 18);
- to knowingly transmit, transfer, sell, lend or furnish any shotgun, rifle or pistol to any person who is under an adjudication of mental incompetency, or to any person who is mentally deficient or of unsound
If a person falls under any of the categories (see full explanations below) listed in the foregoing sections, Oklahoma law makes it illegal for a person to sell, transfer, or give the other person a firearm.
- Oklahoma law disqualifications for “possessing” firearms Similar to the disqualifications for purchasing firearms, the Oklahoma Self-Defense Act also includes prohibitions on the possession of firearms. These prohibitions on possession are specifically found in 21 O.S. §§ 1283, 9, 1273, 1278, and include:
- persons convicted of a felony, or an adjudicated delinquent;
- persons under the influence of alcohol or drugs;
- persons under the age of 18;
- any person in this state who carries or wears any deadly weapons or dangerous instrument whatsoever with the intent or for the avowed purpose of unlawfully injuring another person;
- any person who is under an adjudication of mental incompetency.
Note: even though a person may not be disqualified from possession of a firearm under state law, that person may nevertheless still be disqualified to possess a firearm under federal law.
Scott was convicted of a domestic abuse misdemeanor for family violence in 1992. He has a Smith & Wesson .357 Magnum in his nightstand for self-defense.
Under Oklahoma law, Scott may be in legal possession of his firearm because his conviction was a misdemeanor and misdemeanors do not disqualify him from possessing or owning a firearm. However, if push-comes-to-shove and the Feds ever care, Scott is in unlawful possession of a firearm under 18 U.S.C. § 922(g)(9) and 27 CFR § 478.32(a)(9), regardless of how legal he might be under state law.