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The Range
Law & Order
carrying in the presence of known felons
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<blockquote data-quote="Buzzgun" data-source="post: 2221549" data-attributes="member: 4715"><p>This is a good question.</p><p></p><p>TITLE 21 § 1283 CONVICTED FELONS AND DELINQUENTS</p><p>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, <strong>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</strong>, 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.</p><p></p><p>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.</p><p></p><p>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, <strong>or at his or her residence, or in any passenger vehicle which the supervised person is operating or is riding as a passenger</strong>, 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.</p><p></p><p></p><p>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.</p><p></p><p></p><p>I guess it depends on how the courts interpret the laws, especially the definition of "have". This is the way I read it (my opinion only):</p><p></p><p>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 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.</p><p></p><p>1) in his or her possession or under his or her immediate control,</p><p></p><p>2)in any vehicle which the person is operating, or in which the person is riding as a passenger, </p><p></p><p>3)at the residence where the convicted person resides.</p><p></p><p>Clearly, a convicted felon is prohibited from possessing or controlling a firearm, however, I believe the statute goes beyond simple control and/or possession because it is illegal for a felon to reside in a place where firearms are kept, even if the felon has no access to those firearms. If a felon lived in a home where firearms were stored in a safe, and the felon had no access to those firearms, the felon would still be in violation of the law, therefore, no "action", other than being present, is required for the felon to be in violation of the law. I am also not convinced that the felon would have to know firearms are present to technically be in violation. Again, my opinion only.</p></blockquote><p></p>
[QUOTE="Buzzgun, post: 2221549, member: 4715"] This is a good question. 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, [B]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[/B], 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, [B]or at his or her residence, or in any passenger vehicle which the supervised person is operating or is riding as a passenger[/B], 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. 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. I guess it depends on how the courts interpret the laws, especially the definition of "have". This is the way I read it (my opinion only): 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 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. 1) in his or her possession or under his or her immediate control, 2)in any vehicle which the person is operating, or in which the person is riding as a passenger, 3)at the residence where the convicted person resides. Clearly, a convicted felon is prohibited from possessing or controlling a firearm, however, I believe the statute goes beyond simple control and/or possession because it is illegal for a felon to reside in a place where firearms are kept, even if the felon has no access to those firearms. If a felon lived in a home where firearms were stored in a safe, and the felon had no access to those firearms, the felon would still be in violation of the law, therefore, no "action", other than being present, is required for the felon to be in violation of the law. I am also not convinced that the felon would have to know firearms are present to technically be in violation. Again, my opinion only. [/QUOTE]
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