Difference Between Concealed And Open Carry In Oklahoma?

Concealed

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

For more information on Open Carry vs. Concealed Carry In Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.