Where It’s Illegal To Carry A Gun In Oklahoma

The primary statute that controls where people can and can’t carry a handgun is 21 O.S. § 1277. The statute that covers carrying a firearm where liquor is consumed is 21 O.S. § 1272.1. The possession of a firearm on school property is covered in 21 O.S. § 1280.1.

Prohibited Places For Carrying A Gun In Oklahoma

According to 21 O.S. § 1277, it’s illegal for someone who has a valid handgun license to carry any concealed or unconcealed handgun into any of the following places:

  1. Any structure, building, or office space that 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 people alleged delinquent or adjudicated delinquent (except as provided in 57 O.S. § 21);
  3. Any public or private elementary school or public or private secondary school, subject to the exceptions below;
  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.

It’s a misdemeanor to violate numbers 2 and 3 from above. The maximum fine is $250.Firearm

Someone who violates numbers 1, 4, 5, or 6 from above may be denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount no greater than $250.

Nothing contained in this law authorizes or allows any person in control of any of the six places described above to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license from possession of a handgun allowable under such license in the five places described below.

The prohibited place does not include and specifically excludes the following property:

  1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority;
  2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, that is open to the public, or by any entity engaged in gambling authorized by law;
  3. Any property adjacent to a structure, building, or office space in which concealed or unconcealed weapons are prohibited by this law;
  4. Any property designated by a city, town, county, or state governmental authority as a park, recreational area, or fairgrounds; provided, nothing in this paragraph authorizes any entry by a person in possession of a concealed or unconcealed handgun into any structure, building, or office space that is specifically prohibited by any of the six places listed above; and
  5. Any property set aside by a public or private elementary or secondary school for the use or parking of any vehicle, whether attended or unattended; provided, however, said handgun must be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property.

SOURCES: 21 O.S. § 1277(A), (B), & (E); & 57 O.S. § 21

Carrying A Weapon Onto Private School Property

A concealed or unconcealed weapon may be carried onto private school property or in any school bus or vehicle used by any private school for transportation of students or teachers by a person who is licensed pursuant to the Oklahoma Self-Defense Act. A policy must have been adopted by the governing entity of the private school that authorizes the carrying and possession of a weapon on private school property or in any school bus or vehicle used by a private school.

A school district’s board of education may adopt a policy to authorize the carrying of a handgun onto school property by school personnel specifically designated by the board of education, provided such personnel either: 1) possess a valid armed security guard license as provided for in Oklahoma law; or 2) hold a valid reserve peace officer certification. This will not be construed to restrict authority granted elsewhere in law to carry firearms.

SOURCES: 21 O.S. § 1277(C) & (D), 70 O.S. § 5-149.2, 70 O.S. § 3311, & 59 O.S. § 1750.1

Carrying A Handgun Into A College, University, Or Technology Center School

No person in possession of a valid handgun license issued pursuant to the Oklahoma Self-Defense Act is authorized to carry a handgun into or upon any college, university, or technology center school property. However, the following three areas are not prohibited for people who have a valid handgun license:

  1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, provided the handgun is carried or stored as required by law and the handgun is not removed from the vehicle without the prior consent of the college or university president or technology center school administrator while the vehicle is on any college, university, or technology center school property;
  2. Any property authorized for possession or use of handguns by college, university, or technology center school policy; and
  3. Any property authorized by the written consent of the college or university president or technology center school administrator, provided the written consent is carried with the handgun and the valid handgun license while on college, university, or technology center school property.

The college, university, or technology center school may notify the OSBI within ten days of a violation of this law by a licensee. Upon receipt of a written notification of violation, the OSBI will give a reasonable notice to the licensee and hold a hearing. The licensee may be subject to an administrative fine of $250 and may have the handgun license suspended for three months. This can only happen upon a determination that the licensee has violated this law.

A college, university, or technology center school cannot establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license from possession of a handgun allowable under such license in the three categories of places described above. This law does not limit the authority of any college, university, or technology center school in Oklahoma from taking administrative action against any student for any violation of this law.

SOURCE: 21 O.S. § 1277(F)

Exceptions To Prohibition Against Carrying A Gun Into A Courthouse, Courtroom, Prison, Jail, Detention Facility, Elementary School, Secondary School, College, University, Or Technology Center School

The following are circumstances in which guns may be carried:

  1. Any peace officer or any person authorized by law to carry a pistol in the course of employment;
  2. District judges, associate district judges, and special district judges, who are in possession of a valid handgun license issued pursuant to the Oklahoma Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, when acting in the course and scope of employment within the courthouses of Oklahoma;
  3. Private investigators with a firearms authorization when acting in the course and scope of employment; and
  4. Elected officials of a county, who are in possession of a valid handgun license, may carry a concealed handgun when acting in the performance of their duties within the courthouses of the county in which he or she was elected. These provisions don’t allow the elected county official to carry the handgun into a courtroom.

A “motor vehicle” is any automobile, truck, minivan, sports utility vehicle, or motorcycle equipped with a locked accessory container within or affixed to the motorcycle.

SOURCES: 21 O.S. § 1277(G) & (H)

Possession Of Firearm On School Property

It’s a violation of 21 O.S. § 1280.1 for any person to have in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers any pistol, revolver, shotgun or rifle (whether loaded or unloaded), blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, except as provided by this or any other law.

This crime is a misdemeanor. The maximum punishment in the county jail is one year. The maximum fine is $250.

Firearms and weapons are allowed on school property and considered lawful in the following circumstances:

  1. A gun or knife designed for hunting or fishing purposes kept in a privately-owned vehicle and properly displayed or stored as required by law, provided such vehicle containing the gun or knife is driven onto school property only to transport a student to and from school and the vehicle doesn’t remain unattended on school property;
  2. A gun or knife used for the purposes of participating in the Oklahoma Department of Wildlife Conservation certified hunter training education course; any other hunting, fishing, safety, or firearms training courses; a recognized firearms sports event, team shooting program, or competition; or living history reenactment. The course or event must be approved by the principal or chief administrator of the school where the course or event is offered. Any weapon must be properly displayed or stored as required by law pending participation in the course, event, program, or competition;
  3. Weapons in the possession of any peace officer or other person authorized by law to possess a weapon in the performance of his or her duties and responsibilities;
  4. A concealed or unconcealed weapon carried onto private school property or in any school bus or vehicle used by any private school for transportation of students or teachers by a person with a valid handgun license. The governing entity of the private school must first adopt a policy that authorizes the possession of a weapon on private school property or in any school bus or vehicle used by a private school;
  5. A gun, knife, bayonet, or other weapon in the possession of a member of a veterans group, the national guard, active military, the Reserve Officers’ Training Corps (ROTC), or Junior ROTC, in order to participate in a ceremony, assembly, or educational program approved by the principal or chief administrator of a school or school district where the ceremony, assembly, or educational program is being held. The gun or other weapon that uses projectiles must be unloaded and inoperable at all times while on school property;
  6. A handgun carried in a motor vehicle pursuant to a valid handgun license onto property set aside by a public or private elementary or secondary school for the use or parking of any vehicle. The handgun must be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property; and
  7. A handgun carried onto public school property by school personnel who have been designated by the board of education. Such personnel must either:
    1. Possess a valid armed security guard license as provided for in the Oklahoma Security Guard and Private Investigator Act, or
    2. Hold a valid reserve peace officer certification as provided for by CLEET if a policy has been adopted by the board of education of the school district that authorizes the carrying of a handgun onto public school property by such personnel. Nothing in this law restricts authority granted elsewhere in law to carry firearms.

“School property” means any publicly owned property held for purposes of elementary, secondary or vocational– technical education. It does not include property owned by public school districts or where such property is leased or rented to an individual or corporation and used for purposes other than educational. “Private school” means a school that offers a course of instruction for students in one or more grades from prekindergarten through grade twelve and is not operated by a governmental entity. “Motor vehicle” means any automobile, truck, minivan, or sports utility vehicle.

SOURCES: 21 O.S. § 1280.1, 70 O.S. § 3311, 37 O.S. 163.2, 37 O.S. 506, 21 O.S. § 99, 21 O.S. § 10, & Oklahoma Security Guard and Private Investigator Act

Parent Or Guardian Of Minor Child In Possession Of Firearm On School Property

Any custodial parent or guardian of a child under 18 years old whose child commits the crime of possession of a firearm on school property may be fined a maximum of $200, and/or ordered to perform a maximum of 40 hours of community service. To satisfy any community service requirement, the court may give preference to work that benefits the school their child attends. The penalty is an administrative penalty and will not be recorded on the custodial parent’s or guardian’s criminal record. Nothing in this law prohibits the filing or prosecution of any criminal charge.

SOURCE: 21 O.S. § 858

Carrying Firearms Where Liquor Is Consumed

It’s a violation of 21 O.S. § 1272.1 to carry or possess any pistol, revolver, shotgun or rifle (whether loaded or unloaded), blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon in any establishment where low-point beer or alcoholic beverages are consumed. This doesn’t apply to a peace officer, or to private investigators with a firearms authorization, when acting in the scope and course of employment. This also doesn’t apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. A person possessing a valid handgun license may carry the concealed or unconcealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.

Nothing in this law authorizes any peace officer in actual physical possession of a weapon to consume low-point beer or alcoholic beverages, except in the authorized line of duty as an undercover officer. Additionally, nothing in this law authorizes any private investigator with a firearms authorization in actual physical possession of a weapon to consume low-point beer or alcoholic beverages in any establishment where low-point beer or alcoholic beverages are consumed.

SOURCE: 21 O.S. § 1272.1

For more information on Illegal Locations To Carry A Gun In Oklahoma, a free initial consultation is your next step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.