Fort Worth, TX asked in Criminal Law and Constitutional Law for Oklahoma

Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun in the locked glove compartment.

Both issues warrant further attention, and discussion. As a general rule, if a reasonable person would not have known there was a gun in the glove compartment then an argument certainly can be made you are innocent. Many questions jump to mind such as ownership of the vehicle, if you’re not the owner, are you familiar enough with the owner to know his/ her propensity to carry weapons, ownership of the weapon…on and on.

You need to immediately contact a seasoned criminal trial attorney to assist you with your defense. Best of luck!

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