TIFS on Legal Matters: Convicted felons have no rights when it comes to owning or possessing firearms

Jane Doe, a hypothetical individual convicted of theft, forgery, and drug charges 15 years ago, completed her sentence but remains prohibited from owning or possessing firearms under Oklahoma, Arkansas, and federal laws.

These stringent bans, rooted in public safety concerns, reflect the belief that restricting firearm access for felons reduces the risk of crime, even years after their convictions.

For someone like Janee, living in states with strong gun cultures, these laws create significant barriers but are seen as essential for protecting communities.

Oklahoma law, under 21 O.S. § 1283, imposes a lifetime ban on firearm possession for anyone convicted of a felony, including nonviolent offenses like Doe’s theft, forgery, and drug charges.

This prohibition covers all firearms—pistols, rifles, shotguns—and extends to ammunition and even imitation weapons.

• Public Safety Rationale: The ban aims to prevent felons from accessing weapons that could be used in new crimes. Drug offenses, like Doe’s, are particularly concerning, as they can escalate to violent acts when tied to addiction or trafficking. Oklahoma’s law reflects the view that a felony conviction signals a higher risk of recidivism, justifying a permanent restriction. Violating this law is a felony, carrying up to 10 years in prison and $10,000 in fines, underscoring the state’s commitment to enforcement.

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• Scope of the Ban: Doe cannot possess, carry, or have a firearm in his home, vehicle, or immediate control. Even living with someone who owns a gun could lead to “constructive possession” charges if Doe has access to it. Oklahoma’s constitutional carry law, allowing most adults over 21 to carry without a permit, does not apply to felons, ensuring Doe remains excluded from the state’s permissive gun culture.

  
  

In Arkansas, Arkansas Code § 5-73-103 similarly bars felons from possessing or owning firearms for life. Doe’s convictions for theft, forgery, and drug offenses trigger this prohibition, which applies to all firearms and ammunition.

• Public Safety Rationale: Arkansas lawmakers argue that felons, even those with nonviolent records, pose a potential threat if armed. Forgery, a crime of dishonesty, suggests a lack of trustworthiness, while drug convictions raise concerns about impaired judgment or ties to illegal networks. The ban seeks to minimize the risk of these individuals using firearms in future crimes, protecting communities in a state where hunting and gun ownership are widespread. Violations are Class D felonies, punishable by up to six years in prison, reinforcing the law’s seriousness.

  
  

• Scope of the Ban: Doe is prohibited from purchasing, carrying, or possessing firearms or ammunition. Being in a home or vehicle with a gun risks legal consequences, making it difficult for him to engage in activities like hunting or self-defense with firearms.

  
  

Federal law, under 18 U.S.C. § 922(g)(1), imposes a nationwide lifetime ban on felons possessing firearms or ammunition, applying to Doe in both Oklahoma and Arkansas. This law, enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ensures consistency across states.

• Public Safety Rationale: The federal ban is grounded in the principle that felony convictions, regardless of the crime’s nature or time elapsed, indicate a heightened risk of dangerous behavior. By preventing felons like Doe from accessing firearms, the law aims to reduce gun-related crimes, including those linked to drug offenses or financial crimes that could escalate. Violations carry up to seven years in federal prison, reflecting the government’s prioritization of public safety.

  
  

• Scope of the Ban: Doe cannot own, possess, or purchase firearms or ammunition anywhere in the U.S. Federal background checks through the National Instant Criminal Background Check System (NICS) block him from buying guns from licensed dealers, ensuring compliance with the ban.

  
  
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The lifelong firearm bans in Oklahoma, Arkansas, and federal law are designed to prioritize public safety by limiting access to weapons for those with proven criminal histories.

Supporters argue that felons, even those like Doe who committed nonviolent crimes 15 years ago, may still pose risks due to past behaviors or associations. For example, drug convictions often involve environments where violence is common, and forgery reflects a willingness to deceive, potentially undermining trust in handling lethal weapons.

The Bureau of Justice Statistics reports that felons are more likely to reoffend than the general population, with 68% of released prisoners rearrested within three years, supporting the rationale for sustained restrictions.

In states like Oklahoma and Arkansas, where firearms are integral to hunting, sport, and self-defense, these laws ensure that only those without serious criminal records can participate.

Critics, however, argue that lifelong bans may be overly punitive for nonviolent felons who have reformed, like Doe after 15 years of law-abiding behavior. Yet, the prevailing view in both states and federally is that the potential danger outweighs individual hardships, especially in communities where gun violence remains a concern.

For Doe, these bans mean she cannot hunt, engage in shooting sports, or own a firearm for self-defense, activities central to life in Oklahoma and Arkansas.

She must avoid situations where guns are present, such as living with a gun-owning family member, to steer clear of legal trouble.

The Oklahoma Department of Corrections and Arkansas Department of Corrections report thousands of released felons face similar restrictions, with over 20,000 individuals under supervision in each state, underscoring the bans’ widespread impact.

Arkansas, and federal laws align in their belief that restricting felons’ access to guns, even 15 years after nonviolent crimes, reduces the risk of future harm.

While Doe may feel the weight of these restrictions in gun-centric states, the laws stand as a safeguard, ensuring that communities remain protected from the potential dangers posed by armed ex-offenders.