I am a victim of domestic violence and the abuser has a gun. Is that legal?
Oklahoma state laws says that a person cannot have or buy a gun if s/he:
- is an undocumented immigrant;
- has been convicted of a felony in Oklahoma or another state, unless that felony was nonviolent and the felony has been pardoned;
- is currently on probation for a felony committed in Oklahoma or another state;
- was found to be a “delinquent child” or “youthful offender” within the past ten years for a charge that would have been a felony if the person had been an adult;1
- is under age 18. However, a person under 18 can be allowed to use a gun by his/her parent or legal guardian for hunting, target shooting, training, and safety courses;2 and
- is subject to a protective order that includes a gun restriction.3 Note: Oklahoma does not automatically make it illegal for an abuser to have a gun if there is a protective order issued against him/her. A judge does have the option of including a firearm restriction in a protective order, however. There may be things you can do to make a gun restriction more likely. If there is a firearm restriction included in a protective order, then the respondent in that order cannot have a gun for the period of time that the order is in effect.
Additionally, to carry a handgun in Oklahoma, both open and concealed carry, a person must have a handgun license. Oklahoma law says that a person can only get a handgun license if s/he:
- has not been arrested for, is not currently charged with, is not subject to a deferred sentence or prosecution for, and has not been convicted of any of the following misdemeanor crimes:
- any assault and battery that caused serious physical injury to the victim;
- more than one assault and battery, even without causing serious physical injury to the victim;
- any aggravated assault and battery;
- any stalking crime;
- any violation of a victim protection order from any state;
- any conviction relating to illegal drug use or possession; or
- an act of domestic abuse in Oklahoma or any other state;
- does not have a misdemeanor criminal record showing habitual (frequent) criminal activity;
- does not have a final victim protection order against him/her (from any state);
- has not been arrested for a felony or does not have a pending felony charge against him/her in Oklahoma (s/he cannot have a gun until the case’s outcome is determined);
- has not been convicted of a felony (in any state) and does not have a felony warrant out for him/her;
- has not been to impatient treatment for substance abuse;
- has not:
- been declared mentally incompetent;
- been involuntarily committed for mental illness;
- undergone treatment for a mental illness, which required medication or supervision; and
- been currently undergoing treatment for a mental illness, condition, or disorder;
- has not attempted suicide within the past ten years;
- has not been convicted two or more times for drunk driving or being drunk in public;
- is not an “adjudicated delinquent” or a convicted felon; and
- does not have a convicted felon or an “adjudicated delinquent” living in his/her home.4
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
Note: There are certain time periods that apply to each of the criteria above - for example, a person may only be prohibited from getting a handgun license for a period of three years after one of the arrests or convictions mentioned above. To read all of the timeframes that apply to each, please go to our Selected Oklahoma Statutes page and read sections 1290.10 and 1290.11 of Title 21.