Lautenberg amendment

[Standingtall84]

Hello to all, hope everyone is having a blessed day. I am really confused and looking for some clarity hoping you guys can help me out. So straight to the point short and sweet, I got into some trouble as a youth and now I'm caught up under the lautenberg amendment right. Just called up to sooner state pawn LLC in Oklahoma. Inquiring about antique single or double action revolvers to acquire for home defense and the lady that answered the phone informed me that I would still be subject to a background check in order to purchase. Is that correct if the firearm was manufactured the year 1889 or earlier? I may have been foolishly mistaken but I was under the impression that I did not have to undergo that process for such weapons.

 

[KOPBET]

IIRC, GCA 1968 says pre 1899. Maybe it’s just SSP policy?

 

[RETOKSQUID]

Best to look at OK statutes and consult an attorney. So many conflicting opinions out there by us lay persons on this subject. Could be wrong, but it was my understanding from a few years ago that prohibited persons in Oklahoma could not even posess black powder firearms. But like I said, could be wrong on this.


Looked at six different sites, and got six different answers. Still looking for the OK law

 

[RETOKSQUID]

Section 1283 - Convicted felons and delinquents

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, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other 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 provisions of the Oklahoma Self-Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun or toy rifle, while such person is subject to supervision, probation, parole or inmate status.
D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.
E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00).
F. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any firearm authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
G. 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.
H. For purposes of this section, "sawed-off shotgun" or "sawed- off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length.
I. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
J. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.
K. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court.
Okla. Stat. tit. 21, § 1283

Amended by Laws 2022 , c. 299, s. 1, eff. 11/1/2022.
Amended by Laws 2019 , c. 1, s. 3, eff. 11/1/2019.
Amended by Laws 2014 , c. 179, s. 1, eff. 11/1/2014.
Laws 1959, SB 321, c. 53, § 1, emerg. eff. 7/17/1959; Amended by Laws 1961, HB 856, c. 53, §1, emerg. eff. 4/1/1961; Amended by Laws 1981, SB 217, c. 155, § 1; Amended by Laws 1983, SB 276, c. 160, §1, emerg. eff. 6/2/1983; Amended by Laws 1989, SB 14, c. 185, § 1, emerg. eff. 5/8/1989; Amended by Laws 1992, SB 843, c. 151, § 3, eff. 9/1/1992; Amended by Laws 1994, SB 969, c. 169, § 1; Amended by Laws 1994, HB 2640, c. 290, § 53, emerg. eff. 7/1/1994; Amended by Laws 1995, SB 3, c. 272, § 36, eff. 9/1/1995; Amended by Laws 1997, HB 1213, c. 133, § 327, eff. 7/1/1998; Amended by Laws 1997, SB 628, c. 358, § 1 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§23-26, emerg. eff. 6/19/1998); Amended by Laws 2002 , SB 955, c. 136, § 1, emerg. eff. 4/24/2002; Amended by Laws 2005 , HB 1502, c. 190, § 2, eff. 9/1/2005; Amended by Laws 2007 , HB 1616, c. 62, § 2, emerg. eff. 4/30/2007; Amended by Laws 2007 , HB 1027, c. 162, § 1, eff. 11/1/2007; Amended by Laws 2009 , SB 730, c. 13, § 1, eff. 11/1/2009; Amended by Laws 2012 , SB 1733, c. 259, § 9, eff. 11/1/2012.
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[Firpo]

Maybe just me but there’s no way I’m gambling my freedom on legal advice I received from a bunch of jokers on a gun forum…….especially OSA. There is a lot or erroneous information out there and while you can certainly avoid a background check with an antique firearm that still doesn’t mean you can legally possess one let alone use one.

 

[dennishoddy]

We had a thread on this awhile back. The consensus was that Oklahoma law doesn't allow felons to possess muzzle loading or antique firearms.
Federal law doesn't object to felons owning muzzle loading firearms. It appears to be a states issue to allow it or not.

 

[Fr Mulcahy]

Hello to all, hope everyone is having a blessed day. I am really confused and looking for some clarity hoping you guys can help me out. So straight to the point short and sweet, I got into some trouble as a youth and now I'm caught up under the lautenberg amendment right. Just called up to sooner state pawn LLC in Oklahoma. Inquiring about antique single or double action revolvers to acquire for home defense and the lady that answered the phone informed me that I would still be subject to a background check in order to purchase. Is that correct if the firearm was manufactured the year 1889 or earlier? I may have been foolishly mistaken but I was under the impression that I did not have to undergo that process for such weapons.

BATF Antique firearm definition: https://www.atf.gov/firearms/firear...rposes of the,similar type of ignition system

My understanding is that antique firearms do not require the federal background check. I know people who have received antique rifles through the mail, or at a pawnshop without a background check.

However, every seller is free to set his own requirements, in addition to obeying federal, state, and local laws.

In my opinion, you would be better off (given your legal status) using something other than a firearm (whether antique, C&R, or modern) for your self defense weapon.

Your best self defense weapon is really your brain. Remember the three basic rules of self defense:

1. Don't hang around stupid people;
2. Don't go to stupid places;
3. Don't do stupid things.

And yes, I have to remember those three laws every day to help keep me out of trouble.

 

[GlockPride]

Doesn’t Lautenberg have to do with prohibition due to DV? So, even if not a felony, to the feds you’re still prohibited. But what about the state of OK?

 

[TheDoubleD]

BATF Antique firearm definition: https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms-act-definitions-antique#:~:text=For the purposes of the,similar type of ignition system

This is the NFA definition. GCA has an antique definition, but slightly different.

Best advice contact an attorney.

 

[Fr Mulcahy]

This is the NFA definition. GCA has an antique definition, but slightly different.

Best advice contact an attorney.

DoubleD, good point.

https://www.atf.gov/firearms/firear...rearm” means,subparagraph (A) if such replica

So is an 1873 Springfield Trapdoor considered an antique according to the GCA? The ignition system is a primer and the ammo is readily available.