Constitutional Carry & Handguns Oklahoma – Law & Punishment

Oklahoma has constitutional carry, open carry, and concealed carry.

Carrying a Weapon in Oklahoma – Constitutional Carry

It’s legal for you to carry a pistol, revolver, shotgun, rifle  blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon under the following circumstances:

1. The proper use of guns and knives for self-defense, hunting, fishing, educational, or recreational purposes;
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
3. The carrying, possession, and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;
4. The carrying or use of weapons in a courthouse by a district judge, associate district judge, or special district judge within Oklahoma, who is in possession of a valid handgun license issued pursuant to the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts; or
5. The carrying and use of firearms and other weapons provided in this statute when used for living history reenactment. “Living history reenactment” means the depiction of historical characters, scenes, historical life, or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.
6. The carrying of a firearm, concealed or unconcealed, loaded or unloaded, by a person who is twenty-one (21) years of age or older or by a person who is eighteen (18) years of age but not yet twenty-one (21) years of age and the person is a member or veteran of the United States Armed Forces, Reserves or National Guard or was discharged under honorable conditions from the United States Armed Forces, Reserves or National Guard, and the person is otherwise not disqualified from the possession or purchase of a firearm under state or federal law and is not carrying the firearm in furtherance of a crime. This is Oklahoma’s constitutional carry law.
   
   1. Except for felons pardoned of a nonviolent felony, a person who has been convicted of any one of the following offenses in Oklahoma or a violation of the equivalent law of another state is prohibited from Oklahoma’s constitutional carry provisions:
      
      1. assault and battery that caused serious physical injury to the victim;
      2. aggravated assault and battery;
      3. assault and battery that qualifies as domestic abuse;
      4. stalking ;
      5. a violation of an order issued under the Protection from Domestic Abuse Act or a domestic abuse protection order issued by another state (VPO violation), or
      6. a violation relating to illegal drug use or possession under the provisions of the Uniform Controlled Dangerous Substances Act (a drug conviction of any type).
   2. Any person who carries a firearm in the manner provided for in this paragraph shall be prohibited from carrying the firearm into:
      
      1. Any structure, building, or office space which is owned or leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the public;
      2. Any courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent (subject to exceptions);
      3. Any public or private elementary or public or private secondary school (subject to exceptions);
      4. Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;
      5. Any place where gambling is authorized by law, unless allowed by the property owner; and
      6. Any other place specifically prohibited by law.

This crime is a misdemeanor. The maximum punishment for the first violation is in 30 days in the county jail, and the range of fine is $100–$250. On the second and subsequent violations, the range of punishment in the county jail is 30 days–3 months, and the range of fine is $250–$500.

Any person convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act will have their license suspended for a period of six months and will be liable for an administrative fine of $50. There must first be a hearing and determination by the OSBI that the person violated this law.

“Pistols” or “handguns” mean any firearm capable of discharging single or multiple projectiles from a single round of ammunition composed of any material that may reasonably be expected to be able to cause lethal injury. The barrel or barrels must be less than 16” long. There must be a combustible propellant charge. This doesn’t include any firearm with an overall length of 26 inches or more, flare guns, underwater fishing guns, or blank pistols.

“Rifles” means any firearm capable of discharging a projectile composed of any material that may reasonably be expected to be able to cause lethal injury. The barrel or barrels must be more than 16” inches long. It must use either gunpowder, gas, or any means of rocket propulsion. This does not include archery equipment, flare guns, or underwater fishing guns. Any rifle capable of firing “shot” but primarily designed to fire single projectiles is regarded as a “rifle.”

“Shotguns” means any firearm capable of discharging a series of projectiles of any material that may reasonably be expected to be able to cause lethal injury. The barrel or barrels must be more than 18” long. It must use a combustible propellant charge. This does not include any weapon so designed with a barrel less than 18” long unless the overall length of the firearm is 26 inches or more. Any “shotgun” capable of firing single projectiles but primarily designed to fire multiple projectiles such as “shot” is regarded as a “shotgun.”

Sources: 21 O.S. § 1272, 21 O.S. § 1276, 21 O.S. § 1289.3, 21 O.S. § 1289.4, & 21 O.S. § 1289.5

Authority to carry a Concealed or Unconcealed Handgun

You may carry a concealed or unconcealed handgun in Oklahoma when you are not otherwise prohibited by law and:

1. You have been issued a handgun license from the OSBI pursuant to the Oklahoma Self-Defense Act, provided that you are in compliance with the Oklahoma Self- Defense Act, and the license has not expired or been subsequently suspended or revoked; or
2. You are 21 years old or older, and are either
   • active military; or
   • a member of the Reserve or National Guard (to include Drill Status Guard and Reserve), Active Guard Reserves, or a Military Technician and present a valid military identification card, which will be considered a valid handgun license issued pursuant to the Oklahoma Self-Defense Act.

A person in possession of a valid handgun license or who meets the criteria and presents a valid military identification card as provided for in this law and in compliance with the Oklahoma Self-Defense Act is authorized to carry a concealed or unconcealed handgun while scouting as it relates to hunting or fishing or while hunting or fishing.

You must have possession of your valid handgun license or valid military identification card and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. You must display the handgun license, or a valid military identification card, upon the demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, you can’t be disarmed or physically restrained unless the you fail to display a valid handgun license or a valid military identification card in response to that demand.

A violation of this law is a misdemeanor. The maximum punishment for the first violation is 30 days in the county jail. The range of fine is $100–$250. On the second and subsequent violations, the range of punishment in the county jail is 30 days–3 months, and the range of fine is $250–$500.

If you get arrested for a violation of the provisions of this law, the you may show proof to the court that a valid handgun license and the other required identification has been issued to you and you may state any reason why you weren’t carrying the handgun license, a valid military identification card, or the other required identification. The court must dismiss an alleged violation of Section 1272 upon payment of court costs, if proof of a valid handgun license and other required identification is shown to the court within ten days of your arrest. The court must report a dismissal of a charge to the Bureau for consideration of administrative proceedings against you.

Sources: 21 OS § 1290.8, 21 O.S. § 1272, & 21 O.S. § 1276

Difference Between Concealed and Open Carry

A concealed handgun is a loaded or unloaded pistol or handgun that’s not openly visible to the ordinary observation of a reasonable person.

An unconcealed handgun (or “open carry”) means a loaded or unloaded pistol or handgun carried upon the person in a holster where the firearm is visible or carried upon the person in using a scabbard, sling, or case designed for carrying firearms.

The definition of pistol or handgun for purposes of the Oklahoma Self-Defense Act doesn’t apply to imitation pistols, flare guns, underwater fishing guns, or blank pistols.

Source: 21 O.S. § 1290.2

US Concealed Carry

FAQs

FAQs2

Guns to carry

OSBI

Requirements for Identifying a Gun to Law Enforcement

It’s illegal to fail or refuse to identify the fact that you are in actual possession of a concealed or unconcealed firearm pursuant to the authority of the Oklahoma Self-Defense Act during the course of any arrest, detainment, or routine traffic stop. Said identification to the law enforcement officer will be required upon the demand of the law enforcement officer. You are not required to identify yourself as a handgun licensee or as lawfully in possession of any other firearm if the law enforcement officer does not demand the information. You aren’t required to identify yourself as a handgun licensee when no handgun is in your possession or in any vehicle in which you’re driving or are a passenger.

A violation of this law is a misdemeanor. The maximum fine is $100.

If a law enforcement officer comes in contact with someone whose handgun license is suspended, revoked, or expired or someone who is in possession of a handgun license that has not been lawfully issued to that person, then the officer will confiscate the license.

Sources: 21 O.S. § 1290.8 & 21 O.S. § 10

When You Can Carry a Firearm

You may legally carry loaded and unloaded shotguns, rifles, and pistols without a handgun license under to the following conditions:

1. When hunting animals or fowl;
2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap, or other recognized sporting events;
3. During participation in or in preparation for a military function of the state military forces (Oklahoma Army or Air National Guard), federal military reserve, and active military forces. Oklahoma Army or Air National Guard personnel with proper authorization and performing a military function may carry loaded or unloaded and concealed weapons on Oklahoma Military Department facilities in accordance with rules promulgated by the Adjutant General;
4. During participation in or in preparation for a recognized police function of either a municipal, county, or state government as functioning police officials;
5. During a practice for or a performance for entertainment purposes;
6. Oklahoma’s constitutional carry provisions (and other provisions listed in Section 1272); or
7. For lawful self-defense and self-protection not in violation of any legislative enactment regarding the use, carrying, ownership, and control of firearms.

You can legally carry unloaded shotguns, rifles, and pistols without a handgun license and when going to or from your private residence.

This law doesn’t prohibit educational or recreational activities, exhibitions, displays, or shows involving the use or display of rifles, shotguns, pistols, or other weapons if the activity is approved by the property owner and sponsor of the activity.

Source: 21 O.S. § 1289.6

Current as of April 3, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with a gun crime in Oklahoma? Call Oklahoma firearms attorney Frank Urbanic in OKC for a free case consultation.

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