Constitutional Carry & Handgun License in Oklahoma – Law & Punishment

 

The statute that outlines the eligibility for legally carrying a handgun in Oklahoma is 21 O.S. § 1290.8. It states that you have the authority to 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 bow 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.

Any second or subsequent violation of 21 O.S. § 1290.8 is grounds for the OSBI to suspend the handgun license for a period of six months, in addition to any other penalty imposed.

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

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Requirements For Identifying A Gun To Law Enforcement In Oklahoma

It’s a violation of 21 O.S. § 1290.8 to fail or refuse to identify the fact that you’re in actual possession of a concealed or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when you come into contact with any Oklahoma or federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. The identification to the law enforcement officer must be made at the first opportunity. 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 punishment in the county jail is one year. 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

Difference Between Concealed And Open Carry In Oklahoma

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.

A “pistol” or “handgun” means any derringer, revolver, or semiautomatic firearm that:

  • Has an overall barrel or barrels length of less than 16”;
  • Is 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;
  • Can be held and fired by the use of one or both hands; and
  • Uses a combustible propellant charge to propel the projectile(s).

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

What Kind Of Firearms Can Be Carried In Oklahoma?

The statute that outlines the conditions under which it is unlawful to carry a firearm is 21 O.S. § 1272. Pistols and handguns are defined in 21 O.S. § 1289.3. Rifles are defined in 21 O.S. § 1289.4. Shotguns are defined in 21 O.S. § 1289.5. The conditions under which a person may legally carry loaded and unloaded shotguns, rifles, and pistols not concealed and without a handgun license are in 21 O.S. § 1289.6. It’s a violation of 21 O.S. § 1272 for someone to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle (whether loaded or unloaded), blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon is concealed or unconcealed, except this law doesn’t prohibit:

  1. The proper use of guns and knives for 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.

Succinctly, carrying a gun without a permit and not otherwise authorized in this law is illegal.

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 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 either gunpowder, gas, or any means of rocket propulsion. This does not include any weapon so designed with a barrel less than 18” long. 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

Carrying a Gun Without A License In Oklahoma

Oklahoma’s open carry law is 21 O.S. § 1289.6. It states that a person may carry loaded and unloaded shotguns, rifles, and pistols open and not concealed and 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. For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person; or
  7. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership, and control of firearms.

A person is allowed to carry unloaded shotguns, rifles, and pistols open and not concealed and without a handgun license under the following conditions:

  1. When going to or from the person’s private residence or vehicle or a vehicle in which the person is riding as a passenger to a place designated or authorized for: firearms repairs or reconditioning; firearms trade, sale, or barter; gunsmith, hunting animals or fowl; hunter safety course; target shooting; skeet or trap shooting; or any recognized firearms activity or event and while in such places; or
  2. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971.

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

Eligibility Requirements for a Handgun License

The eligibility requirements for someone to get a handgun license are in 21 O.S. § 1290.9. You must:

  1. Be a citizen of the United States;
  2. Establish a residency in the State of Oklahoma. For purposes of the Oklahoma Self-Defense Act, the term “residency” applies to any person who either possesses a valid Oklahoma driver license or state photo identification card and physically maintains a residence in Oklahoma. It also applies to any person, including the spouse of such person, who has permanent military orders within Oklahoma and possesses a valid driver’s license from another state where the person and spouse of that person claim residency;
  3. Be at least:
    1. 21 years old or
    2. 18 years old but not yet 21 years old and be a member or veteran of the United States Armed Forces, the Reserves, or National Guard, or have been discharged under honorable conditions from the United States Armed Forces, Reserves, or National Guard;
  4. Complete a firearms safety and training course, demonstrate competence and qualifications with the type of pistol to be carried, and submit proof of training and qualification or an exemption for training and qualification;
  5. Submit the required fee and complete the application process; and
  6. Comply in good faith with the Oklahoma Self-Defense Act.

SOURCES: 21 O.S. § 1290.9, 21 O.S. § 1290.12, & 21 O.S. § 1290.14

 

Reasons You Can’t Get a Gun License

The occurrence of any one of the following prohibited conditions, listed in 21 O.S. § 1290.10, will deny someone the right to have an Oklahoma gun license:

  1. Ineligible to possess a pistol due to any felony conviction or adjudication as a delinquent, except for someone who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense that has not been pardoned;
  2. Any felony conviction pursuant to any law of another state, a felony conviction pursuant to any provision of the United States Code, or any conviction pursuant to the laws of any foreign country. If it’s a foreign conviction, then the crime must constitute a felony offense in Oklahoma if it had been committed in Oklahoma. Someone who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense that has not been pardoned is excepted from this section;
  3. Adjudication as a mentally incompetent person pursuant to the Oklahoma Mental Health Law, or an adjudication of incompetency entered in another state pursuant to any law of that state, unless the person has been granted relief from the disqualifying disability;
  4. Any false or misleading statement on the application for a handgun license;
  5. Conviction of any one of the following misdemeanor offenses in Oklahoma or any other state:
    1. Any assault and battery that caused serious physical injury to the victim or any second or subsequent assault and battery conviction;
    2. Any aggravated assault and battery;
    3. Any stalking pursuant to Oklahoma law or a similar law of another state;
    4. A violation relating to the Protection from Domestic Abuse Act;
    5. Any violation of a victim protection order of another state;
    6. Any conviction relating to illegal drug use or possession. The preclusive period for a misdemeanor conviction related to illegal drug use or possession is ten years from the date of completion of a sentence—the day an offender completes all incarceration, probation, and parole pertaining to that sentence; or
    7. An act of domestic abuse or an act of domestic assault and battery or any comparable acts under the laws of another state.
  6. An attempted suicide or other condition relating to or indicating mental instability or an unsound mind that occurred within the preceding ten–year period from the date of the application for a license to carry a concealed firearm or that occurs during the period of licensure;
  7. Currently undergoing treatment for a mental illness, condition, or disorder. This means that the person has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life;
  8. Significant character defects of the applicant as evidenced by a misdemeanor criminal record indicating habitual criminal activity;
  9. Ineligible to possess a pistol due to any Oklahoma law or the United States Code;
  10. Failure to pay an assessed fine or surrender the handgun license as required by a decision by the administrative hearing examiner pursuant to authority of the Oklahoma Self-Defense Act;
  11. Being subject to an outstanding felony warrant issued in Oklahoma, in another state, or by the United States; or
  12. Adjudication as a delinquent.

The following conditions will preclude a person from being eligible for a handgun license pursuant to the Oklahoma Self-Defense Act for the respective period of time:

  1. An arrest for an alleged commission of a felony offense or a felony charge pending in Oklahoma, pending another state, or pursuant to the United States Code. The preclusive period is until the final determination of the matter;
  2. The person is on a felony deferred sentence or prosecution in Oklahoma, in another state, or pursuant to federal authority. The preclusive period is three years and begins upon the final determination of the matter;
  3. Any involuntary commitment for a mental illness, condition, or disorder or any involuntary commitment in another state pursuant to any laws of that state. The preclusive period will be permanent as provided by 18 United States Code § 922(g)(4) unless the person has been granted relief from the disqualifying disability;
  4. The person has previously undergone treatment for a mental illness, condition, or disorder that requires medication or supervision. The preclusive period is three years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten years or more;
  5. Inpatient treatment for substance abuse. The preclusive period is three years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person has been free from substance use for 12 months or more preceding the filing of an application for a handgun license;
  6. Two or more public intoxication convictions pursuant to Oklahoma law or a similar law of another state. The preclusive period is three years from the date of the completion of the last sentence;
  7. Two or more misdemeanor convictions relating to intoxication or driving under the influence of an intoxicating substance or alcohol. The preclusive period is three years from the date of the completion of the last sentence, or there must be a certified statement from a licensed physician stating that the person is not in need of substance abuse treatment;
  8. A court order for a final Victim Protection Order against the applicant in Oklahoma or another state. The preclusive period is three years from the date of the entry of the final court order or 60 days from the date an order was vacated, canceled, or withdrawn;
  9. An adjudicated delinquent or convicted felon residing in the residence of the applicant. The preclusive period is 30 days from the date the person no longer resides in the same residence as the applicant; or
  10. An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of a deferred prosecution for any one or more of the following misdemeanor offenses in Oklahoma or another state:
    1. Any assault and battery that caused serious physical injury to the victim or any second or subsequent assault and battery;
    2. Any aggravated assault and battery;
    3. Any stalking pursuant to Oklahoma or another state’s law;
    4. Any violation of the Protection from Domestic Abuse Act or any violation of a victim protection order of another state;
    5. Any violation relating to illegal drug use or possession; or
    6. An act of domestic abuse under Oklahoma law or an act of domestic assault and battery or any comparable acts under the law of another state.

The preclusive period will be until the final determination of the matter. The preclusive period for a person subject to the provisions of a deferred sentence for the six offenses listed above is three years and begins upon the final determination of the matter.

SOURCES: 21 O.S. § 1290.11, 21 O.S. § 1290.27, & 21 O.S. § 1290.10

 

Steps to Get a Concealed Handgun License in Oklahoma

Applications for a handgun license are available from the county sheriff or by mail from the OSBI. The application must be made under oath and signed in person before the sheriff of the county where applicant resides. Along with the application, you must submit $100, two passport-sized photographs, and the original certificate of training or exemption certificate. The $100 fee is for a five-year license. You may also get a ten-year license for $200. The cost to renew a license is lower than the cost of an initial application.

You must show a valid photo ID. The sheriff will take two complete sets of fingerprints. The charge for these will be no more than $25. The sheriff will make a preliminary investigation and submit the application with any relevant information to the OSBI within 14 days. The OSBI will conduct a state and federal criminal background search, a federal fingerprint search, and any other relevant checks before issuing a license or denying the application within 90 days of receipt of the application. The OSBI will deny a license when the applicant fails to properly complete the application form or application process or is determined ineligible as specified in the Oklahoma Self-Defense Act. You have 60 days to appeal a denial. Application materials remain available to law enforcement personnel for law enforcement purposes only.

The qualifying firearm safety and training course may be taken from a firearms instructor who is approved and registered in the state or from an interactive online firearms safety and training course that’s approved and certified by CLEET. You’re also required to demonstrate competency and qualification. The course and the demonstration of competency and qualification must be designed as one that an applicant can reasonably complete in eight hours. It can’t cost more than $60.

Authorization for any type of pistol requires training and demonstration of competency under an approved firearms instructor. The course provides an opportunity for the applicant to qualify himself or herself on either a derringer, a revolver, a semiautomatic pistol, or any combination of those three types of guns. A pistol can’t be capable of firing larger than .45 caliber ammunition. The firearm instructor will refuse to train or qualify anyone whose handgun is unauthorized, deemed unsafe, or unfit for firing. An applicant who successfully trains and qualifies with a semiautomatic pistol may be approved by the firearms instructor on the training certificate for a semiautomatic pistol, a revolver, and a derringer upon request of the applicant. Someone who qualifies on a derringer or revolver is not eligible for a semiautomatic rating until he or she demonstrates competence and qualifications on a semiautomatic pistol. Applicants who successfully complete the training and qualification course receive a certificate of training and a certificate of competency and qualification.

SOURCES: 21 O.S. § 1290.12, 21 O.S. § 1290.13, 21 O.S. § 1290.5, & 21 O.S. § 1290.14