Consult an Attorney When Assistance Needed
Video Transcribed: This is Keith Flinn, the Tulsa Fathers Rights Attorney, joined here with Oklahoma Fathers Rights Attorney Brian Jackson. We are the Tulsa Father’s Rights team here in Tulsa County, Oklahoma. Brian’s got a few ideas about how to save your concealed carry license.
Yes, under Oklahoma law, when you have a concealed carry permit, there are specific conditions you have to meet to have it, and they have to be maintained to keep that license, and one of them is you can’t have a protective order against you for domestic violence. If you get a protective order that’s a final order, one of the requirements of the statute is you have to surrender that license to the Oklahoma State Bureau of Investigation.
Obviously, we don’t want that to happen. This is another good reason, if you ever get served with one of these things, you want to get a lawyer involved right away. The statute specifically says a final protective order.
Now, if you have an emergency protective order out against you, it doesn’t technically… Unless it says on its face, it doesn’t technically require you to surrender your license or your firearm.
However, I would caution you, if you know you have one against you, it’s probably not in your best interest to be going around with a firearm until you get that cleared up. However, legally speaking, the language actually says final, so this is where getting a lawyer involved is really important because they can save that for you-
And Brian, don’t they write on those protective orders when I say “they,” I mean judges often write the additional language on those protective orders they issue, and sometimes it pertains to the firearms, am I right?
Absolutely. If there is a known firearm involved, the judge can, and they will write on there, “Surrender firearms to the Sheriff’s Department,” and that basically prohibits you from possessing.
Obviously, if it says that and you don’t surrender the firearm, you’re going to be looking at criminal consequences for that refusal to comply. Once again, this is why you want to get a good lawyer involved, and this is where we can help you out.
We litigate these all the time, and we are able to either… In many cases, they can be beaten but assuming you can’t beat it, you can at least get a continued protective order that won’t permanently affect your ability to have a weapon.
Can you modify that protective order to get the firearm back in their hands?
Yes, if it’s not a final protective order, then the scope of the continued emergency order is whatever the judge says it is. As long as it’s not a final protective order, if you and opposing counsel come to a deal whereby that language comes off the protective order, then yeah, you’re not prohibited from possessing.
Again, there is a little bit of a situation where, if you know you have gone out against you, you want to use your best judgment when and if you’re going to carry a weapon. And that’s always the case if you’re going to carry a weapon anyway.
Protective orders notwithstanding, you want to be smart about it because if you make a mistake, it carries very serious criminal penalties. But in the context of today’s discussion, yes, you can actually modify them to take that restriction off; I’ve seen it done. Judges will sometimes sign that, although they frequently will strongly caution on that, they will sign it.
So if she files during hunting season, boys, give us a call; we can try to get you your gun back and get you back out there. This has been Keith Flinn and the Fathers’ rights attorney Brian Jackson. Tulsa Fathers Rights team here in Tulsa, Oklahoma.