Oklahoma Gun Law Details
Contents
The United States Constitution only mentions the right to “keep and bear arms” in one amendment. However, the Constitution also says that any law that isn’t derived from the federal government can come from the states.
Oklahoma has its own state constitution and their reference to gun ownership is very clear. They state that “the right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons.” In other words, if you live in Oklahoma and meet the legal requirements you can have a gun and carry a concealed weapon.
Oklahoma is bordered to the north by Kansas, with corners touching Missouri, Colorado, and New Mexico. To the south and west is Texas, and to the east is Arkansas. Oklahoma’s major industries include oil, natural gas, and agriculture. Open carry is legal in Oklahoma with a valid license to carry.
Oklahoma Gun Law Restrictions
If you are an Oklahoma resident 18 years or older you can legally own a handgun, rifle or shot gun. However, you need to be at least 21 in order to buy those kinds of firearms from a licensed dealer. Under the age of 18, you need a parent’s permission to be in possession of a rifle or shotgun and these should only be for the purposes of hunting or sport. No state permit is required to own a firearm.
Additionally according to Oklahoma gun laws, it is against the law for a convicted felon to possess a gun, rifle or shotgun or have those kinds of weapon in their car or truck. This restriction also applies to someone who was convicted of a crime as a juvenile which could have been considered a felony if they were tried as an adult. It is also against the law for anyone who is under the supervision of the Department of Corrections to possess a firearm. This would include anyone who is under house arrest or has an order of protection sworn out against them.
Carrying Firearms in Vehicles
Oklahoma permits anyone who may legally possess a firearm to carry it unloaded without a permit. Long guns may be carried openly or concealed behind a seat or within the interior of the vehicle, and handguns may be carried openly or within a firearms case, gun rack, or in the trunk.
Carry in Restaurants That Serve Alcohol
Yes, if you possess a valid concealed handgun license. Places like Fridays or Chili’s unless they have a “No Gun Sign,” then it is suggested that You not carry into the establishment. This does not include a bar or the bar area of a restaurant – You are prohibited from carrying into these areas. You can carry Your firearm into a restaurant that serves alcohol, but You are prohibited from carrying while You consume alcohol or are under the influence of alcohol.
Self-defense Laws
Oklahoma has both Castle Doctrine and SYG laws. There is no duty to retreat from any place You have a legal right to be. You may use force, including deadly force, in defense of yourself or others if You reasonably believe it is necessary to prevent imminent death, SBI, the commission of a forcible felony, or to stop the unlawful & forcible entry into a dwelling, place of business, or occupied motor vehicle.
Open Carry
Open carry is legal in Oklahoma only for those who have a valid permit/license to carry a firearm or those from the permitless carry states of AK, AZ, ID, KS, ME, MS, MO, NH, VT, WV, and WY. Places listed in the “Criminal Provisions” above apply to those who open carry. The minimum age to open carry is 21.
Oklahoma Concealed Carry License Laws
Oklahoma gun laws state that unless you are a police officer on duty, engaged in hunting or sport shooting or have a Concealed Carry License (CCL) it is against the law to openly carry a firearm. You can carry an unloaded firearm if you are transporting that weapon from your home to a gun shop, shooting range or hunting trip. You can also have an unloaded weapon in your vehicle for the same purposes.
To obtain a CCL in Oklahoma, you need to be at least 21 years old, be an Oklahoma resident and complete a firearms safety and training course. Your application needs to be submitted to the Oklahoma State Bureau of Investigation (OSBI) who will conduct a background and fingerprint check. There is a $100 fee for the application process.
Your CCL can be denied if you are a convicted felon, lied about any information on your application, ever attempted suicide, are currently being treated for a mental illness or have a history of misdemeanor crime offenses. You can also be denied if you have been arrested and have a case pending for assault and battery, domestic violence or illegal drug possession. If approved for a CCL, you can not carry a concealed weapon that is larger then .45 caliber.
Reciprocal Carry
By statute, Oklahoma will recognize another state’s license to carry:
“The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state.”
Additionally, Oklahoma will allow those from Permit-less carry states (Alaska, Arizona, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, West Virginia, and Wyoming):
“Starting November 1, 2012, the state of Oklahoma will allow You to carry a concealed handgun without a license only if You are allowed to do so in Your own state.”
Criminal Provisions
Under Oklahoma law, a license to carry a handgun is not valid in any of the following places or circumstances, whether it is issued by Oklahoma, or a person is carrying pursuant to a reciprocity agreement between his or her state of license and Oklahoma:
- Carrying with the intent to unlawfully injure another person
- Pointing a gun, whether loaded or unloaded, at another person, except in self-defense
- Any building or office space used (owned or leased) by a city, town, county, state, or federal government authority
- At a meeting place of any city, town, county, state or federal officials, school board members, legislative members, or elected or appointed officials
- A prison, jail, detention facility
- An elementary, secondary school, college, university or Technology Center
- Any sports arena during a professional sporting event
- Any place where pari-mutuel wagering is authorized by law (i.e. gambling, horse racing, etc.)
- On school property (either public or private), school bus, or other vehicle used by any school for transportation of students
- While under the influence of beer, intoxicating liquors, hallucinogenic drugs, not-prescribed drugs, or prescribed drugs which affect mental, emotional, or physical processes
- Oklahoma has a max size for the caliber of firearm You can carry. The max caliber You can carry legally is .45.
- People convicted of a misdemeanor drug offense may now apply for a license to carry, provided their sentence was completed at least 10 years ago