Know the Laws: Oklahoma
UPDATED October 31, 2008
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the OK Where to Find Help page to find help.
- Guns and Criminal Convictions
- If my abuser has been convicted of a domestic violence misdemeanor, can s/he keep or buy a gun?
- What crimes are considered domestic violence misdemeanors?
- What is the definition of a felony?
- If a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor, can s/he own, have or buy a gun?
- How can I find out if my abuser has been convicted of a domestic violence misdemeanor?
- Guns and VPOs
- Basic Info
- More Information and Where to Get Help
Guns and Criminal Convictions
back to topIf my abuser has been convicted of a domestic violence misdemeanor, can s/he keep or buy a gun?
No. Under Federal law, if your abuser has been convicted of a felony or a domestic violence misdemeanor, s/he cannot have or buy a gun.* If you're not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
In addition, Oklahoma state law says that you cannot have or buy a gun if you have been convicted of assault, battery, stalking, drug use, domestic abuse, or any felony conviction.
* 18 USC 922 (g) (9)
back to topWhat crimes are considered domestic violence misdemeanors?
A crime is considered a domestic violence misdemeanor under Federal law if it:
- Can be defined as a misdemeanor under federal or state law; and
- Involves physical violence or force, or includes threats made with a deadly weapon; and
- Was committed by:
- a current or former spouse;
- a parent or guardian of the victim;
- a person with whom the victim shares a child;
- a person living with the victim as a spouse, parent or guardian;
- or a person who has a similar relationship with the spouse, parent or guardian of the victim.*
Note: The crime does not have to specifically mention "domestic violence" in order for it to be considered a domestic violence misdemeanor, and for the federal firearm law to apply. The relationship that the victim has with the offender is what determines whether or not the misdemeanor is a "domestic violence" misdemeanor.
For example: If Bob is convicted of a misdemeanor assault against his wife, he may no longer have or buy a gun.
If Bob is convicted of a misdemeanor assault against his neighbor, he may still be able to have or buy a gun.
If you're not sure if a certain crime counts as a domestic violence misdemeanor, you can write to our Email Hotline for further information and resources.
* 18 USC 921 (a) (33)
back to topWhat is the definition of a felony?
A felony under Federal law is a crime that is punishable by a prison sentence of more than one year.*
* 18 USC 227 (a) 3559
back to topIf a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor, can s/he own, have or buy a gun?
No. Law enforcement officers and other government officials who have been convicted of a domestic violence misdemeanor cannot own, have or buy guns for any purpose, including their official duties, according to federal law.*
* 18 USC 925 (a) (1)
back to topHow can I find out if my abuser has been convicted of a domestic violence misdemeanor?
Domestic violence misdemeanor records are open to the public, but they are not always easy to access. If you know the exact courthouse where your abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor records are also kept in the National Instant Criminal Background Check System (NCIS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NCIS.