Keeping guns during a protective order against you can land you in hot legal trouble. Being the subject of a protective order in Oklahoma already carries significant legal consequences. Many individuals are unaware that a protective order strips them of their right to own or possess firearms. Violating this restriction can lead to severe criminal penalties under both state and federal law. Understanding the legal ramifications of keeping firearms while under a protective order is crucial to avoiding charges that could result in jail time, fines, and permanent loss of gun rights. This article explains the legal consequences, potential defenses, and steps you should take if you find yourself in this situation.

Understanding the Seriousness of Violating a Protective Order

If someone serves you with a protective order in Oklahoma, it is crucial to understand the legal consequences of possessing firearms while the order is in place. A protective order ( or a restraining order) is a court directive in place to protect individuals from threats, harassment, or violence. Under the state’s laws, a person subject to a protective order is prohibited from possessing firearms. Violating this restriction can lead to severe legal consequences, including felony charges.

Legal Consequences of Keeping Firearms While Subject to a Protective Order

Under Oklahoma law (22 O.S. §60.11), a final protective order can include a provision requiring the respondent to surrender all firearms and prohibit any further possession of firearms while the order remains in effect. If you retain your firearms in violation of this provision, you could face serious penalties, including:

• Criminal Charges: Retaining firearms while subject to a protective order can result in a misdemeanor or felony charge, depending on the circumstances. If an individual uses a firearm in a manner that violates the protective order, they could face charges of a felony offense that carries harsher penalties.
• Potential Jail Time: Violating a protective order in Oklahoma is a misdemeanor punishable by up to one year in jail. If a firearm is present, additional charges may apply, leading to more severe penalties.
• Fines: A violation can also result in fines up to $1,000 or more, depending on whether the offense is a misdemeanor or felony.
• Loss of Firearm Rights: Oklahoma law prohibits a person from purchasing, possessing, or receiving firearms while a protective order is active. A violation could lead to permanent loss of firearm ownership rights, even after the dismissal of the protective order.
• Additional Protective Order Provisions: The court may extend the duration of the protective order or impose stricter conditions, such as mandatory surrender of all firearms to law enforcement.

Defenses Against Firearm Possession Charges While Under a Protective Order

If they accuse you of keeping guns while a protective order is against you, there are several potential defenses that may apply, including:

1. Lack of Knowledge: If you are unaware of the issuance of a a protective order against you, you may argue that you did not knowingly violate the firearm restriction. However, this defense is only viable if you can demonstrate that service of the protective order wasn’t proper.
2. No Intentional Violation: If you were in the process of legally surrendering your firearms but they arrest you before completing the process, you may argue that you were complying with the law in good faith.
3. Improper Protective Order Issuance: If the protective order was based on false or misleading information, you may challenge its validity in court. If the court finds the protective order to be invalid, the court will usually dismiss any relative charges regarding firearm possession.
4. Temporary Possession for Legal Transfer: In some cases, individuals may have momentary possession of a firearm while attempting to surrender or transfer it to law enforcement or a third party. If properly documented, this could serve as a defense.
5. Exemption for Certain Law Enforcement Officers: If you are an active law enforcement officer or military member, there may be limitations and exceptions to the firearm restriction. However, this is a complex legal issue that only an attorney could fully address.

These defenses are best left to legal experts to enact. Hiring a criminal defense attorney who can properly employ these tactics will benefit you in the long run.

What to Do If You Have Firearms and Are Subject to a Protective Order

If you currently in possession firearms and have a protective order against you, take the following steps immediately:

• Do Not Attempt to Purchase or Acquire Additional Firearms: This is a clear violation of both state and federal law.
• Surrender Your Firearms to Law Enforcement: Contact your local law enforcement agency to arrange for the surrender of your firearms. Retaining them could lead to criminal charges.
• Transfer of Ownership to a Third Party: Oklahoma law allows some individuals to transfer their firearms to a third party who is legally can possess them. However, you must handle this process carefully to ensure full compliance with the law.
• Seek Legal Counsel: If you are unsure about your rights or how to comply with the protective order, consult with an attorney experienced in Oklahoma firearm laws and protective orders.

Failure to follow these steps can lead to consequences that can haunt you for years to come. If it does happen though, a criminal defense attorney can help you. They will be able to review the issues and form a defense that can help alleviate the damage.

Creek County Criminal Defense Lawyers

Keeping guns during a protective order in Oklahoma is a serious offense that can result in both state as well as a permanent record. The consequences include jail time, hefty fines, and a permanent loss of firearm rights. If you are facing a protective order and own firearms, it is crucial to take immediate steps to comply with the law and seek legal advice to protect your rights. Ignoring the restrictions can lead to severe legal consequences that may impact your future significantly.

Our team at Creek County Attorneys are here to help you through your violation of a protective order due to keeping your guns. For a free consultation, call us at 918-209-3709, or reach out to us using our Ask A Lawyer page. Don’t wait until it’s too late.