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2 years of hades in Oklahoma

kinggabby

Regular Member
Joined
Jul 8, 2013
Messages
84
Location
Duncan, Ok
Welp under the current situation I can not carry nor have a gun in my house for 2 yrs. It is not because of something I did but that my wife did. I know some on here would say get rid of her. But it is really complicated and can not go into that. It just stinks that I have to leave my gun at a friends house.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I see no constrictive posession on her part if you carry it on our hip.

Best bet = contact an attorney and say no more here unless approved.
 

kinggabby

Regular Member
Joined
Jul 8, 2013
Messages
84
Location
Duncan, Ok
She is on 2 yrs supervised probation . And while she is on that no gun in house or on hip while I am around her. They could have sent her to prison but chose to give her a 7 year deferred.
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
OP, beginning an out of the blue conversation on your spouse's legal problems without providing any background is like running around saying the sky is falling.

However, the majority of this country's individual state legalese, oh and Federal, state prohibited persons may not have reasonable access to firearms and the following cite might provide further information: http://www.recordgone.com/articles/possessing-a-firearm.htm

But as recommended by the moderator, you should contact an attorney but after you have removed all firearms, hostlers, ammo, etc., from where you and your spouse live and no locked your vehicle might not be acceptable.

best of luck
 

kinggabby

Regular Member
Joined
Jul 8, 2013
Messages
84
Location
Duncan, Ok
I was trying to vent without venting too much . I read the article and I had already removed the firearm from the home and took it over to a trusted friend. When I said complicated I meant I am still not sure about what is going to happen between the wife and I ( child involved ) .I just don't know if we are going to stay married. Part of the problem is religious beliefs, and as stated child in home. But what happened was the week of Thanksgiving 2017 I was out of town with my step father because he was having surgery. My wife and daughter were going to stay with my mom to help her. While I was gone my wife took a lot of my mom's pain meds and sold them. She spent 2 1/2 months in jail. As long as she does what she is supposed to ( drug testing, pay fines/court fees and stays out of trouble ) her record will be clean after 7 years. But she inquired about me having a firearm and she was told by the judge that while she is on supervised probation ( the first two years ) that as long as she was with me I could not have the gun in the house, car or on me .
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I was trying to vent without venting too much . I read the article and I had already removed the firearm from the home and took it over to a trusted friend. When I said complicated I meant I am still not sure about what is going to happen between the wife and I ( child involved ) .I just don't know if we are going to stay married. Part of the problem is religious beliefs, and as stated child in home. But what happened was the week of Thanksgiving 2017 I was out of town with my step father because he was having surgery. My wife and daughter were going to stay with my mom to help her. While I was gone my wife took a lot of my mom's pain meds and sold them. She spent 2 1/2 months in jail. As long as she does what she is supposed to ( drug testing, pay fines/court fees and stays out of trouble ) her record will be clean after 7 years. But she inquired about me having a firearm and she was told by the judge that while she is on supervised probation ( the first two years ) that as long as she was with me I could not have the gun in the house, car or on me .

Presume there would be no penalty to you.

OTOH - As I understand it, if you were to have a gun in her presence she could go to prison. Maybe not nice, but pretty powerful leverage on your side of the fence.
 

FreedomVA

Regular Member
Joined
Jul 25, 2017
Messages
592
Location
FreedomVA
i would contact the State Attorney to get some more details or consult with a 2A attorney in Okey.

If i were you i would go to battle with Okey laws. I would think it would violate the 8th Amendments, "Cruel and Unsual punishments". Not having a spouse to enjoy, to me, is a Cruel and Unsual punishments.
 
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wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
the attorney is needed to advise you of your rights, as your spouse has been arrested, found guilty and sentenced and i am not sure probation is a clean slate, erase the arrest & convictions for her.

best of luck in your relationship and this situation.
 

FreedomVA

Regular Member
Joined
Jul 25, 2017
Messages
592
Location
FreedomVA
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Section 1283 - Convicted Felons and Delinquents

§ 1283. Convicted Felons and Delinquents
Cite as: O.S. §, __ __

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 handgun, concealed or unconcealed, 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 serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program 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 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 possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the residence of the person, 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 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.

J. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court.


From the look of your State laws, you are SOL with midget paddles.
 
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