Arrested and false'ly accused,please help Weapons, Guns, Firearms

bkgregory · Apr 27, 2011

My husband was arrested back in Nov. 2010 .He was hunting on public land and was up in a tree stand when 3 men approached him cussing him because he was in their stand . He told them ok and he'd get down . Well he lowered his gun down which was a Black powder gun ..As he was getting down they took off and called game warden an the police. Husband went to the truck where police and game warden was waiting and arrested him. My husband is a convicted felon but that has been 13 yrs ago and has not been in any trouble what so ever . The police officer said they arrested him for having a gun . they take him to jail this is 9:00 am and he sits there all day tring to figure out what they were gonna charge him The sheiff came in and shook his hand and told him he was going home , that they had nothing on him.

Well finally they decided to charge him with pointing a gun. Nothing was said about pointing a gun when I went to pick up our truck. The three guys said he pointed a gun at them. Now these guys went into the woods , not wearing hunting close. These guys are well known as bullys. My husbands would never point a gun at anyone. He is probably the most careful hunter out there , anyone that knows him will tell you.

We live the simple life , he hunts and fishes, dont go to the bars or cause trouble. these three guys are always doing something , in fact one of them got aqrrested in Dec 2010 for hunting on private property without permission, spotlighting and shooting from his truck and has many other on his record. Anyway I will get to the point. We try to live our life right , my husband is a good man and one stupid mistake 13yrs ago has turned our wourld upside down. having a gun after a felony .....thought you could have a black powder. He didnt even have to bail out the Judge O R him out. He went to court yesterday and the Assitance DA made a plea offer Count 1 FP After Felony 5 yrs in DOC other: ......we amed to ???? Poss of a firearm after Felony count 2nd page, would carry R O P 4 to life. I dont understand ???? OH we do have a lawyer , paid him 2500.00 and we had to tell him about one of the guys getting in trouble. My husband is not gonna plead guilty for something he didnt do but yet we dont have 25000.00 to take it to jury trial. like I said this has turned our world all upside down , We spend every waking minute with our grandkids.. Is there anything we can do or is it a lost cause... We live in Wagoner , Wagoner county Our lawyer is the ex DA ... but he was under the guns before he left....there is so much about this story , its all a money thing .....thankyou for taking the time to read this
Brenda Gregory

army judge · Apr 27, 2011

There is not one state in the United States where a convicted felon (doesn't matter what the felony was for or when it occurred) that allows a felon to possess, own, or use a firearm.

There are some exceptions for certain non-violent felonies.

But, you must take affirmative steps to receive the special dispensation.

It is never automatic or without some effort on the felons part!

I know you want to help, but it isn't wise to say that he has been doing this for a decade. :no:

It would be better if he didn't mention that. :yes:

By saying that he did this for years, it appears he was flaunting or ignoring the law!

Yes, a black powder weapon, is considered a firearm, too.

Your husband could plead not guilty and ask for a court appointed lawyer, if you can't afford the $25,000 fee.

It won't help.

This classification (or act of your hubby) is a strict liability crime.

The concept of a strict liability crime is sometimes hard to understand. Here are some examples that may help clarify any confusion:

* Statutory rape laws make it illegal for anyone to have sexual intercourse with a minor. This is a strict liability crime because even if the offender believed his/her partner was of legal, consenting age s/he is still guilty. In other words, you don't have to intend to have sexual intercourse with a minor and your mind set doesn't matter.

* Selling alcohol to minors is a strict liability crime because a person who sells alcohol to minors can be convicted even if s/he believed the minors were old enough to buy alcohol.

* A convicted felon possessing a firearm (rifle, pistol, shotgun, etc...) is a strict liability crime. A convicted felon isn't even allowed to touch a gun. The fact that a convicted felon possesses a gun is enough to obtain a conviction. He need not form the mens rae (evil intent or specific intent), the mere possession is enough to obtain a conviction, in most cases!

Many crimes require a specific act in furtherance of the commission of the crime. Say you are accused of stealing or shoplifting. The mere fact that you are in possession of the goods, isn't enough. You must have the mens rae (evil intent) to permanently deprive the owner of the property in your possession. That is why people are charged with joyriding in lieu of car theft, for simply using the car of another person!

All I can say, is that your husband may be able to get this bargained down to a lesser or included offense.
He may be able to avoid a maximum sentence.
He could get anywhere from one year to ten years in the OK state prison system, if convicted of this offense.

Oklahoma Criminal Law

A. 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 in which the person is riding as a passenger, 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 rifle, or any other dangerous or deadly 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 concealed handgun pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.

C. It shall be unlawful for any person supervised by the Department of Corrections or any division thereof 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 supervised person is operating or is riding as a passenger, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or 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 person's possession or under the person's immediate control, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the person's residence, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or 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. Any person having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who thereafter 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 pistol 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.

F. 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.

G. For purposes of this section, "sawed-off shotgun or rifle" shall mean any shotgun or rifle which has been shortened to any length.

H. 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.

I. 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.

Violation a Felony - Punishment
Any previously convicted or adjudicated person who violates any provision of Section 1283 of this title shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years.

Poss F/A By Felon (Felony)

* Statutory Authority. Okla. Stat. tit. 21, § 1283; Okla. Stat. tit. 21, § 1284.
* Jury Instructions. Oklahoma Uniform Jury Instruction CR 6-39.
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Arrested and false'ly accused,please help Weapons, Guns, Firearms

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