SDA Opinion - Felon

[Fatboy Joe]

My brother was charged and pled guilty to burglary of an auto in 1993, which is listed on OSCN as a criminal felony. He was also arrested and charges later dismissed on possession of pot and a pipe. He had the OSBI pull his record recently and it only shows the burglary, which I expected. However, no where does it say it is a felony.

I know there are laws about convicted felons possessing firearms. In the past 2 years he has probably bought 6 firearms and passed the required checks every time. Now, here is the question, does he qualify for a CCW?

I have told him to contact the OSBI for their opinion, but wanted to know yours...

Thanks

 

[Fyrtwuck]

Burglary, whether it's 1st or 2nd degree is a felony. It can be found in Title 21 of Oklahoma State Law. I have no idea how he would pass the NICS inquiry for purchase of a firearm. If he has in fact been convicted of a Felony, it is a Felony to possess a firearm after a former conviction of a felony. You can call OSBI and ask the question, but if they run his record and see a conviction, I'd expect them to say no.

I would suggest you contact an attorney and ask about the procedure and cost of an expungment (removal) of the record. It has been known to happen with felonies especially if no violence occurred and no history of anything since.

 

[tRidiot]

I was under the impression they could own a shotgun, and after 10 years out of jail, they could own any firearm again. I haven't done any research on that, as it has nothing to do with me personally.


Maybe I should go look this up... just to familiarize myself with the law.

 

[Fatboy Joe]

Yeah I found that exact information in 21. He has bought 3 pistols, an AR-15, 12 gauge and a .243. I don't understand it either.

 

[ripnbst]

I would also be weary of inquiring at all. Or if you do, don't mention he has since bought 6 guns. They might make him forfeit those guns. Or I'd sell them before inquiring. I don't know. Then again, maybe just apply and if they didn't find it on background check maybe they won't find it on review for CCL?

I guess I don't have any sound advice to go one direction or another but I'd be careful. Your inquiry may do more harm than you anticipate. You may essentially be calling and saying "Hey, I'm a felon and broke the law 6 times."

 

[KOPBET]

Are you saying he lied on the Form 4473s?

 

[ssgrock3]

Are you saying he lied on the Form 4473s?

seems so.

unless he had some sort of sentence like on his weed and pipe where it was suspended, but was not aware they could do a defered or suspended with a felony.

 

[dowmace]

Are you saying he lied on the Form 4473s?

He had to have because I'm pretty sure that if you check the yes box on a felony then their going to just dismiss you right away.

 

[ripnbst]

So does no one check on these things? I mean, he's done it 6 times. I thought they call these in and verify the accuracy of the information provided on the form.

Can anyone with an FFL clarify? What is the point of calling in info? Unless he bought used, which is very possible. That was unclear in the OP. He didn't say he bought new guns. Buying used there is no background check required.

 

[mr ed]

how old was he in 1993? under 18 maybe the record was sealed or expunged.