Bartlesville, OK asked in Domestic Violence and Criminal Law for Oklahoma

Q: If convicted of domestic assault and battery misdemeanor, can you live in a home with a firearm?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Bartlesville, Oklahoma has strict laws regarding domestic violence convictions and firearm possession. Specifically, under Oklahoma law, it is illegal for someone convicted of even a misdemeanor domestic assault and battery charge to possess a firearm.

The law prohibits anyone convicted of a misdemeanor crime of domestic violence from living in a home with a firearm. This applies even if the firearm belongs to someone else in the household. Essentially, the convicted domestic abuser cannot have access to or control over any firearm in the shared residence. The prohibition on firearm possession applies for life after the conviction.

There are only two ways someone convicted of misdemeanor domestic assault and battery can legally live in a home with guns again - they must either get the conviction expunged or receive a pardon that specifically restores their right to possess firearms. Barring those actions, it is a felony under both state and federal law for a domestic violence misdemeanant to possess firearms or reside where they are present. The penalties for violating this prohibition can include fines and years in prison.

In summary, if convicted of domestic assault and battery in Oklahoma, even if a misdemeanor, you cannot legally live in or enter a home with a firearm unless the conviction is formally removed from your record. Doing so risks felony charges and imprisonment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.