Carrying a Gun in a Vehicle in Oklahoma – Law & Punishment

Firearm in Vehicle

gun in vehicle arrest oklahoma lawyerYou may transport a pistol or handgun, loaded or unloaded, at any time in a motor vehicle so long as you’re not otherwise prohibited by law from possessing a firearm.

You may transport a rifle or shotgun open or concealed in a motor vehicle so long as you’re not otherwise prohibited by law from possessing a firearm. It cannot be chamber loaded. If the rifle or shotgun is clip or magazine-loaded, then it must be in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle.

Any person who is the operator of a motor vehicle or is a passenger in any motor vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act or is otherwise permitted by law to carry a handgun, concealed or unconcealed, and is carrying a handgun or has the handgun in such vehicle, will not be deemed to be violating this law provided the licensee or person permitted by law is in or near the motor vehicle.

Failure to Identify Firearm

It’s illegal for a person transporting a firearm in a motor vehicle to fail or refuse to identify that he or she is in actual possession of a firearm when asked to do so by law enforcement during any arrest, detainment, or routine traffic stop. The maximum fine is $100. (New in 2019)

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Sources: 21 O.S. § 1289.7 and 21 O.S. § 1289.13

Transporting a Loaded Firearm

Except as otherwise provided by law, it’s illegal to transport a loaded rifle or shotgun in a landborne motor vehicle over a public highway or roadway unless the rifle or shotgun is transported clip- or magazine-loaded (not chamber-loaded) and in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle.

This crime is a misdemeanor. The range of punishment in the county jail is 10 days–6 months. The range of fine is $50–$500.

Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a handgun, concealed or unconcealed, and has a rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this law provided the licensee is in or near the vehicle.

Charged with Transporting a Loaded Firearm in Oklahoma? Get a free case consultation.

Sources: 21 O.S. § 1289.13 & 21 O.S. § 1289.15

Improper Transportation of Firearms

The improper transportation of firearms is a violation of 21 O.S. § 1289.13A. Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid handgun license authorized by the Oklahoma Self-Defense Act or valid license from another state, or in violation of any law related to the carrying or transporting of firearms, whether the loaded firearm is concealed or unconcealed in the vehicle, may be issued a traffic citation in the amount of $70 plus court costs for transporting a firearm improperly. In addition to the traffic citation, the person may also be arrested for any other violation of law.

Any firearm lawfully carried or transported as permitted pursuant to state law may not be confiscated, unless:

  • The person is arrested for violating a law other than a violation of this law. If the person is never charged with an offense pursuant to this paragraph, if the charges are dismissed, or the person is acquitted, then the weapon will be returned; or
  • The officer has probable cause to believe the weapon is:
    1. Contraband, or
    2. A firearm used in the commission of a crime other than transporting a loaded pistol in the motor vehicle without a valid handgun license while committing a moving violation.

Nothing in this law requires the confiscation of any firearm.

Charged with Improper Transportation of Firearms in Oklahoma? Get a free case consultation.

Source: 21 O.S. § 1289.13A

Prohibiting The Transportation And Storing Of Firearms Or Ammunition In A Locked Vehicle

It’s a violation of 21 O.S. § 1289.7a for any person, property owner, tenant, employer, or business entity to maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle or from transporting and storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle.

No person, property owner, tenant, employer, or business entity is liable in any civil action for occurrences that result from the storing of firearms or ammunition in a locked motor vehicle on any property set aside for any motor vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms or ammunition.

An individual may bring a civil action to enforce this law. If the plaintiff prevails in a civil action related to the personnel manual against a person, property owner, tenant, employer, or business for a violation of this law, the court must award actual damages, enjoin further violations of this law, and award court costs and attorney fees to the prevailing plaintiff.

“Motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under the Oklahoma Vehicle License and Registration Act.

Source: 21 O.S. § 1289.7a

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 firearms offense in Oklahoma? Call Oklahoma gun charge defense attorney Frank Urbanic in OKC for a free case consultation.

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