Tag: handgun

Handgun Added To Definitions In Self-Defense and Firearms Acts – 2017 Oklahoma Laws #25

Under the Oklahoma Firearms Act, a handgun is now the same thing as a pistol.  The definition of those items changed from any firearm capable of discharging a projectile to any firearm capable of discharging single or multiple projectiles from a single round of ammunition. The pistol/handgun must still be composed of any material that may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than 16″ inches long, and a combustible propellant charge, but does not include flare guns, underwater fishing guns, or blank pistols. “Handgun” was also added to the Oklahoma Self-Defense Act were it just mentioned a “pistol.”

New Definitions In The Oklahoma Self-Defense Act

oklahoma self-defense“Concealed handgun” – a loaded or unloaded pistol or handgun not openly visible to the ordinary observation of a reasonable person.

“Unconcealed handgun” or “open carry” – a loaded or unloaded pistol or handgun carried upon the person in a holster where the firearm is visible, or carried upon the person using a scabbard, sling, or case designed for carrying firearms.

“Pistol” or “handgun” – any derringer, revolver or semiautomatic firearm that:

  • has an overall barrel or barrels length of less than 16″ long,
  • 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 or projectiles.

The definition of pistol or handgun for purposes of the Oklahoma Self-Defense Act does not apply to imitation pistols, flare guns, underwater fishing guns, or blank pistols.

SB 36 amended 21 O.S §§ 1289.3 and 1290.2. The changes went into effect November 1, 2017

Sources: SB 3621 O.S § 1289.3, & 21 O.S § 1290.2

What makes someone ineligible for a gun license in Oklahoma

The requirements to legally carry a gun in Oklahoma

Arrested for unlawfully carrying a handgun?

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New Prohibited Areas For Carrying Handguns – 2017 Oklahoma Laws #22

In 2017, Oklahoma added more places where it’s unlawful to carry a concealed or unconcealed handgun. Carrying a concealed or unconcealed handgun into a courthouse or courtroom is now prohibited. Handguns are also now banned in publicly owned or operated sports arenas or venues during a professional sporting event, unless allowed by the event holder. Also, handguns are banned where gambling is legal, unless allowed by the property owner.

The new law clarifies that the prohibited places do not include any property set aside for the use or parking of any vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law.

Penalties for carrying a handgun in a prohibited place

unlawful carry handgun oklahomaThe change made the carrying of handguns a misdemeanor only in the following locations:

  • Any courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrested persons, prisoners, or persons alleged delinquent or adjudicated delinquent, except as provided by law and
  • Any public or private elementary or public or private secondary school, except as provided by law.

A person carrying a handgun in any of the following places may now only be denied entrance onto the property or removed from the property. If the person refuses to leave the property and law enforcement is is called, the person may be issued a citation for an amount no greater than $250.00.

  • Any structure, building, or office space which is owned or leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the public;
  • Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;
  • Any place where gambling is authorized by law, unless allowed by the property owner; and
  • Any other place specifically prohibited by law.

Previously, the unlawful carrying of handguns into any of the above six areas was a misdemeanor.

Exceptions to places where it’s illegal to carry a handgun

Oklahoma does not prohibit the carrying of handguns in the above places by:

  1. Any peace officer or any person authorized by law to carry a pistol in the course of employment;
  2. District judges, associate district judges, and special district judges, who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, when acting in the course and scope of employment within the courthouses of Oklahoma;
  3. Private investigators with a firearms authorization when acting in the course and scope of employment; and
  4. Elected officials of a county, who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act when acting in the performance of their duties within the courthouses of the county in which he or she was elected. This doesn’t allow the elected county official to carry the handgun into a courtroom.

There are also restrictions on and exceptions to the carrying of handguns in schools.

Check out this answer page for more information on where it’s unlawful to carry a handgun.

SB 833 amended 21 O.S. § 1277. The change went into effect on August 25, 2017.

Sources: SB 83321 O.S. § 1277

Arrested for unlawfully carrying a handgun?

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Handguns In Courthouses – 2017 Oklahoma Laws #21

oklahoma handgun courthouseOklahoma now allows elected county officials to carry a concealed handgun in the courthouse if they possess a valid handgun license. However, they may not bring that handgun into a courtroom. There’s a similar provision allowing state judges to carry concealed handguns when acting in the course and scope of employment within the courthouses of Oklahoma. There’s no similar restriction on bringing handguns into a courtroom for judges, so it’s safe to assume that state judges can legally pack heat in their courtroom.

Check out this answer page for more information on where it’s unlawful to carry a handgun.

HB 1104 modified 21 O.S. § 1277. This change went into effect on November 1, 2017.

Sources: HB 1104 & 21 O.S. § 1277

Arrested for unlawful carry of a firearm?

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Military 21 & Older Can Carry Handgun Without Permit – Oklahoma Laws In 2017 #7

oklahoma handgun military

Active military personnel, members of the Reserve, and members of the National Guard who are 21 and older may now carry concealed or unconcealed handguns without a handgun permit. This includes members of the Guard and Reserve on drill status, Active Guard Reserves, and Military Technicians. The military ID card is considered a valid handgun license issued pursuant to the Oklahoma Self-Defense Act.

SB 35 modified 21 OS  §§ 1290.8, 1290.12, 1290.15, and 1290.26. It went into effect November 1, 2017. Succinctly, a member of any branch of the military in any military status does not have to take the training course.

What happens if you are arrested for violating Oklahoma’s law requiring the possession of a handgun license

A violation of this law 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 violation, the range of punishment in the county jail is 30 days–3 months, and the range of fine is $250–$500.

Any second or subsequent violation of 21 O.S. § 1290.8 is grounds for the OSBI to suspend the handgun license for a period of six months. This is addition to any other penalty imposed.

Requirements to identify that you’re in possession of a concealed or unconcealed handgun in Oklahoma

It’s illegal to fail or refuse to identify the fact that you are in actual possession of a concealed or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when you come into contact with any law enforcement officer during the course of any arrest, detainment, or routine traffic stop. The identification to the law enforcement officer must be made at the first opportunity. You are not required to identify yourself as a handgun licensee when no handgun is in your possession or in any vehicle in which you are driving or are a passenger. A violation of this provision misdemeanor. The maximum fine is $100, and the maximum punishment in the county jail is one year.

Any law enforcement officer who comes in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license that has not been lawfully issued to that person, must confiscate the license and return it to the OSBI for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.

For more information on the requirements to carry a handgun in Oklahoma, check out my page detailing Oklahoma’s requirements to carry a handgun.

Sources: SB 35, 21 OS § 1290.8, 21 OS § 1290.12, 21 OS § 1290.15, & 21 OS § 1290.26

If you’ve been charged with illegally carrying a handgun,

Don’t panic!

Call Urbanic.

405-633-3420