A motorcycle is now considered a motor vehicle for purposes of carrying a handgun in Oklahoma. The previous law referred to a “vehicle” in some parts of the statute and “motor vehicle” in others. This law ensures uniformity by referring to each (motor) vehicle as a “motor vehicle.”
Definition Of Motorcycle In Oklahoma
A motorcycle in Oklahoma is defined is any motor vehicle having:
- A seat or saddle for the use of each rider;
- Not more than three wheels in contact with the ground, but excluding a tractor; and
- A combustion engine with a piston or rotor displacement of 150 cc or greater.
Areas Where You Can Carry A Handgun
Areas involving automobiles that are excluded from the list of prohibited places include:
- Any property set aside for the use or parking of any motor vehicle, whether attended or unattended, by a city, town, county, state or federal governmental authority and
- Any property set aside for the use or parking of any motor vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law; and
- Any property set aside by a public or private elementary or secondary school for the use or parking of any motor vehicle, whether attended or unattended; provided, however, said handgun shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property.
Carrying A Handgun Onto School Property
A concealed or unconcealed weapon may be carried onto private school property or in any school bus or motor 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, provided a policy has 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 motor vehicle used by a private school. Except for acts of gross negligence or willful or wanton misconduct, a governing entity of a private school that adopts a policy that authorizes the possession of a weapon on private school property, a school bus, or motor vehicle used by the private school will be immune from liability for any injuries arising from the adoption of the policy. These provisions don’t apply to the Administrative Workers’ Compensation Act.
No person in possession of a valid handgun license, issued pursuant to the provisions of the Oklahoma Self-Defense Act, is allowed to carry the handgun into or upon any college, university, or technology center school property, except as provided by law. There are several exceptions to this restriction. With respect to motor vehicles, a person with a valid handgun license is not prohibited from carrying a handgun on any property set aside for the use or parking of any motor vehicle, whether attended or unattended. The handgun must be carried or stored as required by law and the handgun may not removed from the motor vehicle without the prior consent of the college or university president or technology center school administrator while the motor vehicle is on any college, university, or technology center school property
This is the second amendment to 21 O.S. § 1277 in 2017. This amendment and the third amendment went into effect on the same day. Unfortunately, the third amendment did not incorporate the change adding motorcycles as motor vehicles. Therefore, each version must be read separately to completely understand the entire language of 21 O.S. § 1277.
HB 1550 modified 21 O.S. § 1277. The changes went into effect on November 1, 2017.