§ 2-410. Unlawful possession of firearm or ammunition by violent career criminal.
A. This section shall not apply to a person whose civil rights and firearm authority have been restored.
B. As used in this section:
1. “Escape” means any prisoner confined in, or released on furlough from, any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the Osage Nation, state, a county, or a municipality, or operated under a contract with the Osage Nation, state, a county, or a municipality, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement.
2. “Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
3. “Violent career criminal” means a defendant who meets the following conditions, if a court of competent jurisdiction finds that:
a. The defendant has previously been convicted as an adult three or more times for an offense in this Nation or other qualified offense that is:
i. Any forcible felony;
ii. Aggravated stalking, as described in Section 2-714;
iv. Abuse of an elderly person or disabled adult, as described in Section 2-608;
v. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, as described in Sections 2-212 and 2-213;
vii. A felony violation of this chapter involving the use or possession of a firearm.
b. The defendant has been incarcerated in a tribal, state, or federal prison.
c. The primary criminal offense for which the defendant is to be sentenced is a felony enumerated in paragraph (B)(3)(a) of this section, and was committed on or after the effective date of the act codified in this chapter, and:
i. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated criminal offense; or
ii. Within five years after the conviction of the last prior enumerated criminal offense, or within five years after the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated criminal offense, whichever is later.
d. The defendant has not received a pardon for any qualified offense that is necessary for the operation of this paragraph.
e. A conviction of a qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.
C. Any person who meets the violent career criminal criteria under subsection (B) of this section, regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits the criminal offense of unlawful possession of firearm or ammunition by violent career criminal.
D. A person convicted of committing the criminal offense of unlawful possession of firearm or ammunition by violent career criminal shall be sentenced to a mandatory minimum of one year’s imprisonment in the Tribal Jail. A person convicted of a violation of this section is not eligible for any form of discretionary early release, other than pardon, executive clemency, or conditional medical release.
E. For purposes of this section, the previous felony convictions necessary to meet the violent career criminal criteria under subsection (B) of this section may be convictions for felonies committed as an adult or adjudications of delinquency for felonies committed as a juvenile. In order to be counted as a prior felony for purposes of this section, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense, and sentenced or adjudicated separately from any other felony that is to be counted as a prior felony. ONCA 22-33, eff. Apr. 25, 2022.