If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Oklahoma state laws says that a person cannot have or buy a gun if s/he:
- 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; or
- was found to be a “delinquent child” or “youthful offender” for a charge that would have been a felony if the person had been an adult, unless ten years have passed since the person was found to be a delinquent child or youthful offender;1
Also, 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, among other things:
- 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;
- 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 convicted of 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.2
If any of these situations apply to the abuser, it may not be possible for him/her to get a handgun license. 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 Oklahoma Statutes page and read sections 1290.10 and 1290.11 of Title 21.
1 21 O.S. § 1283
2 21 O.S. §§ 1290.10; 1290.11
How can I find out if the abuser has been convicted of a crime?
Criminal records are open to the public, but they are not always easy to access. If you know the exact courthouse where the 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 and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.
To read more about the NICS, please see What will happen if the abuser tries to purchase a gun?