Hb1690

[vvvvvvv]

I noticed that it got a Public Safety Committee recommendation of DO PASS AS AMENDED (I thought it had only gotten a DO PASS). The introduced version of the bill restored firearm possession rights to those who had been pardoned of a "violent felony" (the law already provided for non-violent felonies).

The Committee Substitute amends the non-violent felon part to read as follows:

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, has completed the sentencing and probation period for such conviction, and has not been convicted of any other felony offense since such conviction, shall be considered to have a full and complete pardon by the proper legal authority for the State of Oklahoma and shall have restored the right to possess any firearm or other weapon, the right to apply for and carry a concealed handgun pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.​

In other words, serving your time for a non-violent felony would not necessarily be a preclusion from a concealed weapons permit.

 

[NikatKimber]

While I agree with this, I also wonder how this will affect reciprocity with other states?

 

[HiPower]

I noticed that it got a Public Safety Committee recommendation of DO PASS AS AMENDED (I thought it had only gotten a DO PASS). The introduced version of the bill restored firearm possession rights to those who had been pardoned of a "violent felony" (the law already provided for non-violent felonies).

Unless I'm mistaken, it still won't get that person past a NICS check. Congress for some years now specifically does not fund firearms rights restoration on a federal level.

 

[vvvvvvv]

While I agree with this, I also wonder how this will affect reciprocity with other states?

I'm not sure, as obviously the felon would still be subject to the laws of the state where they are physically at. This is unlike the difference in a 5 year and 10 year permit where there is a significant difference in the time between background checks.

Unless I'm mistaken, it still won't get that person past a NICS check. Congress for some years now specifically does not fund firearms rights restoration on a federal level.

Who says they have to buy a firearm through an FFL?

 

[owassopilot]

I noticed that it got a Public Safety Committee recommendation of DO PASS AS AMENDED (I thought it had only gotten a DO PASS). The introduced version of the bill restored firearm possession rights to those who had been pardoned of a "violent felony" (the law already provided for non-violent felonies).

The Committee Substitute amends the non-violent felon part to read as follows:

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, has completed the sentencing and probation period for such conviction, and has not been convicted of any other felony offense since such conviction, shall be considered to have a full and complete pardon by the proper legal authority for the State of Oklahoma and shall have restored the right to possess any firearm or other weapon, the right to apply for and carry a concealed handgun pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.​

In other words, serving your time for a non-violent felony would not necessarily be a preclusion from a concealed weapons permit.

If the law reads like this, it sounds to me like the felony is wiped off the books, so to speak, in regards to the federal ban on gun possession. You receive a full pardon and should then pass an NICS check. In fact, if you read the details of those ineligible to possess a gun under federal law, it only states that it is for felony offenses which someone can be sentenced for more than one year. (18 U.S.C. § 922(g)) So, there is not an absolute ban on possession with a felony conviction. Although, I wouldn't interpret this law to say the conviction is expunged and potential employers won't see it. Only that you receive a "pardon" for the purposes of restoring your right to gun possession under federal law.

Federal law goes on to say in 18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) that "[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of" the federal gun ban."

 

[HiPower]

If the law reads like this, it sounds to me like the felony is wiped off the books, so to speak, in regards to the federal ban on gun possession. You receive a full pardon and should then pass an NICS check. In fact, if you read the details of those ineligible to possess a gun under federal law, it only states that it is for felony offenses which someone can be sentenced for more than one year. (18 U.S.C. § 922(g)) So, there is not an absolute ban on possession with a felony conviction. Although, I wouldn't interpret this law to say the conviction is expunged and potential employers won't see it. Only that you receive a "pardon" for the purposes of restoring your right to gun possession under federal law.

Federal law goes on to say in 18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) that "[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of" the federal gun ban."

Quite true, however, if you have been convicted in federal court of a felony your only path is via a Presidential pardon. In order to restore your rights on a federal level, you are required to submit a petition to our beloved ATF. Since 1992 congress has specifically forbidden the spending of any funds related to the processing of said petitions.
See U.S. v Bean:
http://www.oyez.org/cases/2000-2009/2002/2002_01_704