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Felon in Possession of a Firearm

A felon in possession of a firearm charge is a serious felony offense in Oklahoma that can carry significant prison time.

Attorney Alexa Smart represents clients facing felon in possession of firearm charges in Oklahoma and other firearms allegations throughout the Oklahoma City metro. A Smart Defense focuses on how the firearm was discovered, whether the accused actually possessed it, and whether law enforcement obtained the evidence legally.

Felon in Possession of a Firearm A Smart Defense OKC
Attorney Alexa Smart walking toward the Oklahoma County Courthouse

MORE THAN A GUN

Felon in Possession of a Firearm in Oklahoma

Oklahoma law prohibits certain individuals with felony convictions from possessing firearms. A conviction for felon in possession can carry one to ten years in prison.

The State must prove more than the existence of a firearm. Whether the accused knowingly possessed the firearm can become a central issue, particularly when a gun is discovered in a vehicle, home, or other location accessible to multiple people.

A felon in possession attorney in OKC can examine both the alleged possession and the circumstances under which law enforcement discovered the firearm.

KNOWLEDGE AND CONTROL

What Counts as Possession of a Firearm?

Possession does not necessarily mean that a firearm was found physically on someone.

Actual possession generally involves a firearm physically on the person or within their direct control. Constructive possession may be alleged when a firearm is found somewhere the accused allegedly knew about and exercised control over.

This distinction can be especially important when a firearm is discovered in:

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    A shared residence
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    A vehicle with multiple occupants
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    A bedroom or common area
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    Property belonging to another person

Simply being near a firearm does not automatically establish possession.

FROM THE STOP TO THE SEARCH

Defending a Felon in Possession Charge

The circumstances surrounding the discovery of the firearm can be critical to the defense.

Potential defense issues may include:

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    An unlawful traffic stop or detention
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    An unlawful search or seizure
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    Problems with a search warrant
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    A firearm found in a shared area
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    Lack of evidence establishing knowing possession
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    Whether another person owned or controlled the firearm
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    Whether firearm rights had previously been restored

A firearms charges attorney in Oklahoma City can review the State's evidence and determine whether prosecutors can establish the required connection between the accused and the firearm.

If you are facing a felon with a firearm charge in Oklahoma, a gun charges lawyer in Oklahoma can review how the firearm was discovered, whether the

Contact A Smart Defense to speak directly with Alexa about your case.

AGGRAVATING CIRCUMSTANCES

What Can Make a Firearm Charge More Serious?

Other circumstances can increase the seriousness of a firearms case, including:

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    Prior criminal history
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    Other criminal charges arising from the same incident
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    Allegations involving drugs
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    The circumstances in which the firearm was discovered

FROM PRISON TO PROBATION

Case Study

In 2025, a man was charged with felon in possession of a firearm and was facing a 20 year sentence, with the first 10 years to be served in the Department of Corrections. Alexa negotiated the case, and he ultimately received a 10 year suspended sentence with limited supervision.

Past results do not guarantee future outcomes. Every case is different.

A SECOND CHANCE

Restoring Firearm Rights in Oklahoma

A pardon may restore firearm rights that were lost because of a felony conviction. Because eligibility and the effect of post conviction relief depend on the circumstances, firearm rights should be evaluated individually before possessing a firearm.

A Smart Defense also represents clients seeking pardons and other post conviction relief.

WORKING WITH ALEXA SMART

Your Attorney, Not a Case Manager

When you hire A Smart Defense, you hire your attorney — not a case manager, not a junior associate, and not someone you have never met. Alexa Smart handles the legal work on every case herself: reviewing the evidence, building the strategy, and making the calls that matter, from the initial consultation through resolution.

Criminal charges are personal. Your defense should be too.

FIREARMS POSSESSION FAQS

Frequently Asked Questions About Firearms Possession

Can a felon possess a gun in Oklahoma?

Oklahoma law generally prohibits a person with a felony conviction from possessing a firearm. Whether firearm rights have subsequently been restored can affect the analysis.

What is constructive possession of a firearm?

Constructive possession may be alleged when a firearm is not physically on someone but the State claims that person knew the firearm was present and exercised control over it.

What if the gun belonged to someone else?

Ownership and possession are not necessarily the same thing. When a firearm belongs to another person, the State must still prove the accused knowingly possessed it.

What if a gun was found in a shared vehicle or home?

A firearm found in a location accessible to multiple people can raise significant questions about possession. The State must establish the required connection between the accused and the firearm rather than relying solely on proximity.

Can firearm rights be restored after a felony conviction?

A pardon may restore firearm rights lost because of a felony conviction. The effect of a pardon and other post conviction relief depends on the circumstances of the case.

Serving Oklahoma City & Beyond

A Smart Defense represents clients in felon in possession of a firearm cases across Oklahoma, from the Oklahoma City metro area and beyond including Oklahoma City, Edmond, Norman, Moore, Midwest City, and the surrounding communities of central Oklahoma.

For serious felon in possession of a firearm charges, A Smart Defense accepts cases statewide.