Carrying A Gun In A Vehicle In Oklahoma

FirearmsThe carrying of firearms in vehicles is covered in 21 O.S. § 1289.7. Anybody, except a convicted felon, may transport an open and unloaded rifle, shotgun, or pistol in a motor vehicle at any time. For purposes of this law, “open” means the firearm is transported in plain view, in a case (which must be wholly or partially visible) designed for carrying firearms, in a gun rack mounted in the vehicle, in an exterior locked compartment, or in a trunk of a vehicle.

Anybody, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat of the vehicle or within the interior of the vehicle—provided the rifle or shotgun is not clip, magazine, or chamber loaded.

SOURCE: 21 O.S. § 1289.7

Transporting A Loaded Firearm

Except as otherwise provided by the Oklahoma Self-Defense Act or another law, it’s a violation of 21 O.S. § 1289.13 to transport a loaded pistol, rifle, or shotgun in a land-borne motor vehicle over a public highway or roadway. A rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle, the trunk of the vehicle, or in the interior compartment of the vehicle when in possession of a valid handgun license.

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 to carry a handgun and is carrying a handgun or has a handgun, rifle, or shotgun in such vehicle will not be deemed in violation of this law so long as the licensee is in or near the vehicle.

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, whether the loaded firearm is concealed or unconcealed in the vehicle, will be issued a $70 traffic citation and have to pay court costs. In addition to that traffic citation, the person may also be arrested for any other violation of law.

When the arresting officer determines that a valid handgun license exists for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license will 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.

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

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