Oklahoma Law
DOMESTIC VIOLENCE FIREARM PROHIBITIONS
Oklahoma Domestic Violence Firearm Purchase and Possession Prohibitions
Oklahoma does not prohibit purchase or possession of firearms or ammunition by persons convicted of misdemeanor crimes of domestic violence.
Oklahoma does not prohibit purchase or possession of firearms or ammunition by persons subject to domestic violence protective orders. An ex parte or final protective order shall state in boldface type or capital letters that “[p]ossession of a firearm or ammunition by a defendant while an order is in effect may subject the defendant to prosecution for a violation of federal law even if the order does not specifically prohibit the defendant from possession of a firearm or ammunition.”1
OKLAHOMA DOMESTIC ABUSE PROTECTIVE ORDER FIREARM REMOVAL
Civil Domestic Abuse Protective Orders that Require Removal
Oklahoma does not require removal of firearms and ammunition from persons subject to domestic violence protective orders; however, a court may “issue any emergency ex parte order that it finds necessary to protect the victim from immediate and present danger of domestic abuse[.].”2 A court issuing a final protective order may “impose any terms and conditions in the protective order that the court reasonably believes are necessary to bring about the cessation of domestic abuse against the victim or … the immediate family of the victim[.]”3
Individuals Who May Petition for a Domestic Abuse Protective Order
A victim of domestic abuse may petition for a domestic abuse protective order.4 A minor who is 16 or 17 may petition on their own behalf.5 An adult or emancipated minor may petition on behalf of a family or household member who is a minor or incompetent.6
“Domestic abuse” is defined as “any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship[.]”7
“Family or household members” includes:
- Spouses and former spouses;
- Present spouses of former spouses;
- Parents (including grandparents, stepparents, adoptive parents and foster parents);
- Children (including grandchildren, stepchildren, adoptive children and foster children);
- Persons otherwise related by blood or marriage;
- Persons living in the same household or formerly lived in the same household; and
- Persons who are the biological parents of the same child (regardless of marital status, or whether they have lived together at any time).8
“Dating relationshiP is defined as “a courtship or engagement relationship.”9 It does not include a casual acquaintance or ordinary fraternization between persons in a business or social context.10
Penalties for Violation
A person who has been served with an ex parte or final protective order who is in violation of such order, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or by a term of imprisonment in county jail of not more than one year, or both.11
A person who is convicted of a second or subsequent violation of an ex parte or final protective order shall, upon conviction, be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections for 1-3 years, by a fine of $2,000-$10,000, or both.12
A person who has been served with an ex parte or final protective order who violated the protective order and causes physical injury or physical impairment to the plaintiff or any other person named in the order shall, upon conviction, shall be punished by a term of imprisonment in county jail for 20 days to one year, and may be fined not more than $5,000.13
A person who is convicted of a second or subsequent violation of an ex parte or final protective order which causes physical injury or physical impairment to the plaintiff or any other person named in the order shall be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections for 1-5 years, by a fine of $3,000-$10,000, or both.14
