Oklahoma Possession of a Firearm After Juvenile Adjudication
On January 2, 2014 in Tulsa County, in CF-2014-3, Micah Ponder was charged by the State of Oklahoma for possessing a firearm after juvenile adjudication. The information alleges that on December 27, 2013, Mr. Ponder had a .45 caliber gun after the juvenile division of the district court adjudicated him. Mr. Ponder posted a bond of $10,000, with the help of a bondsmen, meaning he paid 8-10%. He is currently waiting for his preliminary hearing to take place in February.
The statute governing his range of punishment is as follows:
21 O.S. 1283
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.
21 O.S. 1284
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.
Jeff Krigel is an attorney in Tulsa who focuses his practice on criminal defense. The Jeff Krigel Law firm is a full-service Oklahoma law firm dedicated to achieving your legal goals in a competent, trusting, and result oriented manner. The firm is based in Tulsa, Oklahoma, and handles criminal defense, as well as other legal matters in all Oklahoma Counties. If you have been accused of a crime, it is important to seek the help of a qualified attorney. We offer free consultations and have payment plans available. There is no reason not speak with someone regarding your case. If you have questions regarding your specific Tulsa Firearm Possession case, or any other criminal matter, call for a free consultation. 918-994-2340