Handgun License Law in Oklahoma – Eligibility & Process

Although Oklahoma has constitutional carry, you can still get a handgun license. This is mainly helpful when traveling to other states that don’t have reciprocity with our constitutional carry law.

Eligibility Requirements for a Handgun License

oklahoma handgun license attorney lawThe 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 with established residency in the State of Oklahoma;
  2. Be a lawful permanent resident in the United States and have established residency in the State of Oklahoma;
  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.

For purposes of the Oklahoma Self-Defense Act:

  • “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.
  • “Lawful permanent resident” shall mean a noncitizen who is lawfully authorized to live permanently within the United States

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 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 60 days from the date an order was vacated, canceled, withdrawn, or otherwise no longer in effect;
  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 investigation by the Bureau of an applicant will include, but shall not be limited to: a statewide criminal history records search, a national criminal history records search, a Federal Bureau of Investigation fingerprint search, a check of the National Instant Criminal Background Check System (NICS) and, if applicable, an investigation of medical records or other records or information deemed by the Bureau to be relevant to the application. A license or denial of the application will be 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

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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