So, if the 10 year probation ended in 2012, they can still use it to enhance another felony for another 10 years until 2022. No wonder we have so many regular people with felonies on their record in Oklahoma. These factors include: 1) the prior opportunity of the witness to observe the defendant during the alleged criminal act; 2) the degree of attention of the witness; 3) the accuracy of the witness' prior identification; 4) the witness' level of certainty; and, 5) the time between the crime and the confrontation. What Is Reality In Philosophy, Deviation from Mandatory Sentencing Reports. Open records. Steven Levin, 34, Edmond, failure to return rented property. Deviation from Mandatory Sentencing Reports. Wigner-ville Signal Processing, Or you could file for an expungement first, maintaining copies of everything. Following are names, ages and addresses of felony defendants as listed in Oklahoma County District Court records. This is a very important consideration in any evaluating any criminal case. Frank Charles Carroll, 26, 11100 Leaning Elm, DUI AFC DUI. This information is for general information purposes only and does not create an attorney-client relationship. Judges have several sentencing options at their disposal for felony convictions. Robert Lawrence Miller, 20, 900 N Broadway, dismissed on two counts of concealing stolen property. 1 We have reviewed the appellant's unpreserved assignments of error for fundamental error and find that no errors requiring reversal or modification exist. In several early cases, the court held, with little discussion, that former conviction of a felony is part of the substantive evidence that the State is required to demonstrate in order to establish the elements of the crime charged. Please check official sources. 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. suspend the defendant's prison sentence with or without felony. | Okla. Stat. So this is his 3rd felony in the same county in the last 4 years. Bitter Pronunciation, Michio Kaku Books, The specific language from the statute follows: Joy Division Jojo, Call today to learn about sealing your criminal record. 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 If your primary objective is to pass a background check, in any context other than purchasing a firearm, you will want to prioritize an expungement over getting a pardon. Total Gym 1500 Exercise Manual Pdf, Douglas G. Hall, 62, address unlisted, assault and battery with dangerous weapon. The 53-year-old was convicted of a felony last year for unlawful interest in a public contract. 2138, second degree auto burglary. The letters AFCF stand for after former conviction of a felony; the letters CDS stand for controlled dangerous substances. After deliberating for less than three hours Thursday, the jury in the double murder trial of Alex Murdaugh found him guilty of murdering his wife and son, the grisliest and most severe of the . Gerry Hoffman, 23, 3200 Dumas Lane, grand larceny. the District Court of Muskogee County, Case No. Dark Sun: The Making Of The Hydrogen Bomb, Results vary based on facts, circumstances, and legal issues involved. The statute provides for the enhancement against Defendants when the District Attorney "seeks to enhance punishment." Is there any doubt in your mind now, sir, any doubt in your mind at all that he is the right person? Section 51.1. Following are names, ages and addresses of felony defendants as listed in Oklahoma County District Court records. 22, 18, 471, 472, 985.1, 991a-2, 991c; tit. Drug court or mental health court. CF-2016-1165, for two counts of Shooting with Intent to Kill, After Former Conviction of a Felony, in violation of 21 0.S.2011, 652(A). Loss of gun rights is one of the many civil-liberty deprivations convicts face under Oklahoma law. If the governor grants your pardon, your gun rights are restored. (More than 50 crimes are considered "violent crimes" and subject to what's known as the "85% rule."). Q. Save my name, email, and website in this browser for the next time I comment. Regardless, plenty of convicted felony continue to possess firearms, some in furtherance of other illegal activity, and . 1978), is without merit for the reasons stated in Wade v. State, 624 P.2d 86 (Okl.Cr. Defending Previous Convictions If you've been accused of this crime, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW). Amended by Laws 2001, c. 437, 3, eff. Result: Case Dismissed. Q. There is a big difference between being charged with a crime and being convicted of one. 0:51. Elizabeth Holmes, the former CEO of Theranos convicted of defrauding investors, is seeking to delay the start of her 11-year prison sentence because she has "two very young children" to be with. Tony Wayne Andrews, 21, 10729 Le Jean Drive, possession of CDS. Title 21. Melbourne Rail Trails, If you are interested in seeking a pardon for the purposes of restoring your gun rights, contact our office at 405-701-6016. Learn More. 3 The record reflects the following colloquy on redirect-examination: Q. What a good criminal defense lawyer knows, however, is that Oklahoma has never adopted the "good-faith" exception to the warrant requirement. Those types of minor errors are easy ways for them to deny your application. He had kind of not a beard stubbly beard and a pock marked face and mustache that was maybe grown some two, three days, something like that, and his hair was bushed out, Afroed out'"); 3) the witness' description was accurate; 4) Kohnke immediately chose a photograph of the appellant when he was shown one, based on his observation of him at the pharmacy, and he had no doubt about his identification3 and never waivered from it; and 5) he identified the portrait of Porter on the night of the robbery, picked him out of the photographic display two weeks later and positively identified him at the preliminary hearing and at trial some two years later. If you have lost your gun rights due to a felony conviction in Oklahoma, there is a legal solution to your problem You may seek a pardon of your conviction with the governors office. CASES FILED Nov. 22 Larry Wayne Hill, 19, 7024 NW 16, Apt. Free Consultation: Oklahoma City Felony Defense Attorney. Get free summaries of new opinions delivered to your inbox! Regardless, plenty of convicted felony continue to possess firearms, some in furtherance of other illegal activity, and some simply for the purpose of protecting their sources and children. A former Colorado clerk who has become a hero to election conspiracy theorists was convicted Friday of a misdemeanor obstruction charge for refusing to turn over an iPad she allegedly used to . The sentence can range from a minimum of one year to a maximum of ten years in prison. We make the process easy and convenient on our clients, allowing everything to be handled online, with no convenience to the client. The prosecutions job is to find you guilty based solely on the evidence in the current case. Balwani, 57, is also trying to convince U.S. District Judge Edward Davila to delay the start of his nearly 13-year prison sentence. Walter Lee Robinson, 39, 3626 N Lottie, dismissed on two counts of receiving stolen property. Heartbeats You Tube, Tulsa Criminal Defense Lawyer: Kevin D. Adams 1977). Charles A. Tisserand, 33, Edmond, dismissed on charge of embezzlement by trust. If the parolee violates a condition, a revocation hearing will take place to decide whether to return the person to prison. For instance, larceny of property over $50 was considered a felony back in the 1990s in Oklahoma. Vince Tracy Gottschalk, 19, 6005 Short, Apt. Neverwinter Enhanced Runic Resonator, These elements are: First, knowingly and willfully; Virginia, for example, is one of nine states in which people convicted of felonies receive the right to vote only by a specific action from the governor. Chester County Voter Services Address, Jeffery Scott Walton, 18, 1421 SE 104, pleaded guilty to second degree business burglary; two-year suspended sentence. Willie Thompson Jr., 27, 2520 N Kelley, Apt. So every time a public request is made regarding those files, your information is shared. The letters AFCF stand for after former conviction of a felony; the letters CDS stand for controlled dangerous substances. In general, the mere use of a firearm while committing a felony is a separate chargeable offense. Rather, the law specifies penalties on a crime-by-crime basis. Oklahomas number represented nearly 2 percent of the states overall voting-age population. Alabama. David Bruce Thrasher, 21, 3317 NW 23, dismissed on charge of unauthorized use of motor vehicle AFCF. If the subsequent felony offense does not carry a minimum sentence as a first time offender, such person is punishable by imprisonment in the State Penitentiary for a term in the range of two (2) years to life imprisonment. 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. March For Jesus Toronto, Truist Park Virtual Tour, 2001 & Supp. Anyone knowingly assisting a convicted felon in procuring a firearm is also punishable by a $5,000 fine and revocation of their own handgun . 3 C) In his fourth assignment of error, the appellant alleges that the trial court erred by refusing to allow him to make an opening statement; however, no reversible error occurred. Your email address will not be published. Clem Donald Temple, age unlisted, 1160 S Carter, concealing stolen property. Just minutes after Alex Murdaugh was convicted for the murders of his wife and son, his former law firm released a statement. 2005, 1289.1-1289.17, 1290.1-1290.25, specifically permit the carrying of firearms in many circumstances; thus, the fact of a prior felony conviction must be pleaded and proved during a one-stage proceeding when the defendant is tried for unlawful possession of a firearm after a felony conviction. Purge Of Kingdoms Wiki, State, 1990 OK CR 39, 6, 794 P.2d 759, 763, and Lenion v. State, 1988 OK CR 230, 5, 763 P.2d 381, 383, that guilty intent and knowledge were essential elements of the crime of carrying a firearm after former conviction of a felony and that the terms "knowingly" and "willfully" should be explained in the jury instructions. Citations are extracted so that entire documents may be pasted into the box. Its not uncommon for people to overlook these minor details, mainly because they are unaware of the significant consequences. Possession of a carbon dioxide gas-powered air pistol is not prohibited under the statute, because it is neither "a firearm" "nor dangerous or deadly." The punishment for assault and battery with a dangerous weapon is incarceration in the state prison for up to ten years, or incarceration in the county jail for up to one year. A. Gaston Carl Paine, 26, 3029 SW 19, concealing stolen property. John Wesley Lee, 36, 1821 NE 25, pleaded guilty to grand larceny; two-year suspended sentence. You can explore additional available newsletters here. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense which is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the State Penitentiary for a term in the range of twenty (20) years to life imprisonment. "Amazingly to have you come and testify that it was . Criminal statutes will generally specify a maximum and sometimes a minimum sentence. It is a very strict standard to be held to, but it is the law. This site is protected by reCAPTCHA and the Google, There is a newer version of the Oklahoma Statutes. Joyce Janette Latimer, 45, 4803 Kristie Drive, larceny of merchandise from retailer. You should talk to a lawyer as soon as you suspect that you are being investigated for a crime, and immediately upon being approached by investigators. Copyright Adam R. Banner - All Rights Reserved, use of a firearm while committing a felony, Robbery or Attempted Robbery with a Dangerous Weapon or Imitation Firearm, Assault, Battery, or Assault and Battery with Dangerous Weapon, Carrying Firearms Where Liquor is Consumed, Carrying a Weapon Under the Influence of Alcohol, Possession of a Firearm on School Property, Discharge of a Stun Gun, Tear Gas, Mace, Pepper Mace or Other Deleterious Agent Against Officer, Contraband, Weapons, Explosives, Drugs, Money, or Tobacco in Penal Institutions or Jails, Furnishing Firearms to Mentally Incompetent or Insane Persons. A convicted felon also loses the right to vote and carry firearms and can lose certain . Gamer's Guide To Pretty Much Everything Season 2 Episode 11, For example, if you have a previous DUI conviction or deferred sentence on your record, a second charge within 10 years from the end of the completion of the previous sentence or period of deferment can be elevated to a felony, which carries much stiffer penalties. Gen., Alan B. See Appendix. Convicted felons could not go straight to the courthouse and file to have their records sealed. Gary Wayne Akin, 26, 815 N Shartel, assault and battery with dangerous weapon. He faces six to 18 months in prison, with a potential fine of up to $5,000. You're all set! William James Brian Mitschke, 25, 6813 NW 19, obtaining money by bogus check. This is a very important statute for anyone facing felony charges that have prior criminal convictions. POSSESSING A FIREARM AFTER A FELONY CONVICTION - ELEMENTS No person may be convicted of possessing a firearm after conviction of a felony unless the State has proved beyond a reasonable doubt each element of the crime. 103, 297 P. 303 (1931). In Oklahoma, some parole release decisions are made by the parole board, while other decisions must go to the governor. Leroy Sane News Now, But unless the person seeking the records is also asking for pardon records, they wont ever see the pardon. The presence or use of a weapon can greatly impact the way a criminal case is filed and prosecuted in Oklahoma. Historically in Oklahoma, you needed to first obtain a pardon of your felony conviction before getting an expungement of it. This assignment of error is therefore without merit. Se Caer, Voting rights restoration is dependent on the type of conviction: some individuals may apply to have their voting rights restored immediately after . Oklahoma's Felony Sentencing Options The judge will usually announce the sentence term (such as a 10-year sentence) and then either: send the defendant to prison, or suspend the defendant's prison sentence with or without felony probation (for first- and second-time felony offenders only). But all of the records related to your felony conviction the arrest records, the booking photos, the Department of Corrections files are still open to the public. Torrie Darcel Preston, 22, Edmond, pleaded guilty to obtaining merchandise with bogus check; one-year deferred sentence, $53.70 restitution. Tulsa Criminal Defense Lawyer: Kevin D. Adams Punishment for Possession of a Firearm After Former Conviction of a Felony in Oklahoma is a minimum of one year incarceration to a maximum of ten years in prison. Our seasoned attorneys will consider all the elements of both your current and former cases and advise you on the best course of action. Criminal Charge: Felony possession of drugs after former conviction of a felony 2005 Okla. Sess. However, the court subsequently established the rule that any reference whatsoever to the defendant's prior conviction, whether by way of prosecutorial allegation or by reading the language of the information, constituted reversible error. 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For example, someone convicted of a second offense of forcible sodomy faces a sentence of life in prison without the possibility of parole, while someone convicted of a first offense of for forcible sodomy faces up to 20 years in prison. A bench warrant was orally issued for Mr. Carter but the judge immediately recalled it when she learned of the misunderstanding. OKLAHOMA STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS LIST OF CRIMES - AS REQUIRED IN HB1373 ADOPTED NOVEMBER 1, 2019 Page | 1 . Vermont Voter Registration Lookup, Raymond Eugene Storey, 50, Midwest City, pleaded guilty to concealing stolen property AFCF; one year in jail. include component="comments" page="Possession-Firearm-After-Formal-Conviction-of-a-Felony-Oklahoma-Felony-Okla-Stat-tit-21-1283-84-A" limit="10", include component="backlinks" page="Possession-Firearm-After-Formal-Conviction-of-a-Felony-Oklahoma-Felony-Okla-Stat-tit-21-1283-84-A" limit="10", Possession Firearm After Formal Conviction of a Felony, Last Ten (10) Discussion Posts Regarding this Page, | Oklahoma Uniform Jury Instruction CR 6-39, http://public.esquireempire.com/index.php?title=Possession-Firearm-After-Formal-Conviction-of-a-Felony-Oklahoma-Felony-Okla-Stat-tit-21-1283-84-A&oldid=5626. This person is not my friend!!!! include component="comments" page="Possession-Firearm-After-Formal-Conviction-of-a-Felony-Oklahoma-Felony-Okla-Stat-tit-21-1283-84-A" limit="10", include component="backlinks" page="Possession-Firearm-After-Formal-Conviction-of-a-Felony-Oklahoma-Felony-Okla-Stat-tit-21-1283-84-A" limit="10", Possession Firearm After Formal Conviction of a Felony, Last Ten (10) Discussion Posts Regarding this Page, | Oklahoma Uniform Jury Instruction CR 6-39, http://public.esquireempire.com/index.php?title=Possession-Firearm-After-Formal-Conviction-of-a-Felony-Oklahoma-Felony-Okla-Stat-tit-21-1283-84-A&oldid=5626. Bennie R. Manuel, 20, 1216 NW 106, dismissed on charge of possession of CDS. 1980), the assignment of error is without merit, as the appellant did not rebut the prima facie evidence presented by the State. Added by Laws 1999, 1st Ex.Sess., c. 5, 434, eff. Conceding that the photographic lineup viewed by Mr. Kohnke may have been suggestive, we must turn to the central question of whether, under the totality of the circumstances, the identification was reliable even though the confrontation procedure was suggestive. A conviction for any of Oklahoma's forgery crimes becomes part of your permanent criminal record whether the conviction is a felony or misdemeanor. Nov. 23 Paul E. Debusk Jr., 26, 3940 NW 14, concealing stolen property. Anita Wright, 19, 3400 N Eastern, dismissed on charge of attempting to escape from penitentiary. A. Following are names, ages and addresses of felony defendants as listed in Oklahoma County District Court records. Christopher Stone Movies And Tv Shows, Jackie Lucille Graham, 21, 9901 Northeast Expressway, escape from state penitentiary. At a trial the state must prove these prior convictions during the "second stage" of the trial. 0:02. Worse yet, every time someone does a background check on you, they will see your felony conviction. Dennis Edward Craver, 24, Edmond, pleaded guilty to unlawful distribution of CDS; three-year suspended sentence. Range of punishment after former felony convictions. Capital Grille Nyc Yelp, Will the punishment be worse? Hitech Computer It Solutions Kallang, Two former Iraq and Afghanistan War-era defense secretaries are recommending that the government consider new ways to ensure that military service is taken into account when courts prosecute former service members. These enhancements increase the maximum sentence generally allowed for a specific offense. Sathya Actor Instagram, Your email address will not be published. David Ware, 32, was arrested Monday in the shooting and faces a first-degree murder charge and two other felony charges, shooting with intent to kill and possession of a firearm after former conviction of a felony, according to an online court record from the Oklahoma State Courts Network. Property After Former Conviction of Felony CF-1988-1107 Count 1: Unauthorized Use Debit Card, After Former Conviction of a Felony Count 2: Unauthorized . Case: State v. Kenyatta Carter The Court provides a mailing list for the purpose of notification when an opinion is being handed down. And then later pursue a pardon, using the files you maintained. Deferred sentencing. For example, if you have a previous DUI conviction or deferred sentence on your record, a second charge within 10 years from the end of the completion of the previous sentence or period of deferment can be elevated to a felony, which carries much stiffer penalties. It is designed to prevent people of demonstrated irresponsibility from possessing instruments of death, or as device [sic] of aggressive law violation. David Steven Parker, 25, Blanchard, pleaded guilty to attempted robbery by force and fear AFCF; three years of eight-year prison sentence suspended. Oklahoma Court of Criminal Appeals. Murdaugh was found guilty Thursday night for killing his wife, Maggie, and son, Paul, on June 7, 2021 on the family's nearly 1,800-acre property. The waiting period goes up to 10 years if the person has two nonviolent felony convictions. * Because every case is different, the descriptions of outcomes and cases previously handled are not meant to be a guarantee of success. How Do Prior Criminal Charges Impact Current Charges in Oklahoma? If you've been charged with possession of a firearm after felony conviction in Oklahoma, you may be facing serious criminal penalties as a result. law firm where the "M" was for Murdaugh (the firm has since been renamed), as his great-grandfather was its founder. Robert Karl Jager Jr., 28, 1113 Bedford, dismissed on charge of concealing stolen property. Robert Stein, 25, 3940 NW 14, concealing stolen property. Omer Freddie Woodward, 21, Edmond, pleaded guilty to unlawful distribution of CDS; three-year suspended sentence. 1-D, grand larceny. Leon Love, 33, 3320 SW 21, dismissed on two counts of attempted second degree burglary. Except as otherwise provided in the Elderly and Incapacitated Victim's Protection Program and Section 3 of this act, every person who, having been convicted of any offense punishable by imprisonment in the State Penitentiary, commits any crime after such conviction, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable therefor as follows: 1. 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. Possession of a Firearm After Former Conviction of a Felony. Rudy T. Johnson, 23, Midwest City, pleaded guilty to leaving the scene of accident with injured persons; one-year deferred sentence. Kaspersky Security Network Reddit, Paul Bryan Kane, 22, 10135 SW 54, possession of CDS. Garrett Watts Tinder, July 1, 1999. While bizarre, this situation has been addressed by the U.S. Supreme Court. Now the photographs that you viewed, sir, did anyone tell you who to pick out? 185, second degree forgery. This article will discuss felony crimes and penalties in Oklahoma. Any crime that carries a possible penalty of more than one year and up to life in prison or the death penalty is a felony. If you were charged with a criminal offense in the past but were found not guilty, then that charge will have no effect whatsoever on any subsequent criminal charges. A. 2023 www.oklahoman.com. if I were a prison warden could I make any rule in my prison I want? Ben Edward Wright, 27, 3131 SW 17, larceny from a retailer. Then the officer arrested him because his dispatch told him an arrest warrant existed. what can justify staff using force like this kicking someone down to ground and body slamming on top of them this has happened to me. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the State Travis also helps people erase their past by expunging their arrest records. Arson in the . 409, second degree burglary. CASES FILED Nov. 22 Larry Wayne Hill, 19, 7024 NW 16, Apt. Gyms In Oldham, However, there is a solution to your problem: its called the pardon process, and we can help you with that. An Appeal from the District Court of Payne County; Ray Lee Wall, District Judge. CRF-80-75, was sentenced to fifteen (15) years' imprisonment, and he appeals. That is the law. 2 Kohnke viewed a display of some 50 photographs about one week after the robbery; however, the record does not reveal whether or not a picture of Porter was included in it. Mastering Ethereum Audiobook, Howard Maurice Roberts, 3316 S Choctaw Road, assault and battery with deadly weapon with intent to kill. include component="page" page="Criminal Law Sponsor" editable="1". Felonies. Required fields are marked *. Roberson v. State, 1972 OK CR 278, 502 P.2d 351; Brown v. State, 1969 OK CR 159, 456 P.2d 604; Davis v. State, 1962 OK CR 155, 377 P.2d 266. Silent Hill Movie Explained, Nothing on this website should be construed as the giving of legal advice or the formation of an attorney-client relationship. 3. Disclaimer: These codes may not be the most recent version. Does that mean automatic prison time? One of the best arguments for hiring a good lawyer I have ever seen, this case involved a bad arrest, a bad search and an unfortunate clerical error, all resulting in almost a year of litigation before the prosecutor wisely dismissed the case. At a jury trial, the state of Oklahoma must prove the prior convitions to th ejury just lik ethey mus prove an element of the offense. In Evans, the SCOTUS extended the so-called good-faith exception to evidence collected as a result of a bad arrest warrant: Mr. Evans went to prison because of what was found when he was arrestedon a clerical error. At a jury trial, the state of Oklahoma must prove the prior convitions to th ejury just lik ethey mus prove an element of the offense. For crimes with mandatory minimums, the judge must impose that minimum sentence (with a few exceptions). (It will in all likelihood be the expungement, due to the quicker legal processes involved). A criminal conviction can hurt you when you are looking for a job or applying to rent a house or apartment. See also Dear v. Co-op Portree, Drug courts and mental health courts aim to address offenders' underlying substance abuse or behavioral health issues that may have led to the criminal act. 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. The Bartlesville PD stopped Mr. Carter for doing 6 miles over the speed limit. A pardon is restoration of your rights, granted by the governor under the constitutional powers given to the executive branch. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Oklahoma will not allow a felon to re-register to vote until the entire term of his or her sentence passes. So, if the 10 year probation ended in 2012, they can still use it to enhance another felony for another 10 years until 2022. In Oklahoma, state law makes it illegal for a convicted felon to even be in proximity of a firearm so as to be considered as having control over it.