FIND GUN LAWS BY STATE

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ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

Oklahoma Gun Laws

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Introduction

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.

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A. State Constitution

Regarding the right to bear arms, the Oklahoma Constitution states:

“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.”

[http://gunla.ws/ok1]

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B. Scope of Preemption

The controlling language of Oklahoma’s preemption statute is set forth as follows:

“The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.”

[http://gunla.ws/ok2]

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C. 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, Vermont 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.”

[http://gunla.ws/ok3]

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D. Duty to Inform Officers

Yes. Oklahoma does not require individuals to inform a LEO of a permit or license to carry unless they are actually in possession of a firearm, in which case they must inform any LEO they come in contact with of that fact. You must possess your permit/license and Oklahoma State photo identification any time you carry a pistol. [http://gunla.ws/8wi5]

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E. NFA Items

Oklahoma permits ownership of all NFA items, provided they are legally obtained pursuant to federal law. It is legal to use suppressors for hunting. CLEOs are required to sign an application for the transfer of any item regulated under the NFA within 15 days if the applicant is not prohibited by law from receiving it. [http://gunla.ws/ori7]

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F. 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. [http://gunla.ws/ok4]

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G. 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.

[http://gunla.ws/ok5]

 

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H. 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, unprescribed 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

Note: Beginning November 1, 2017, individuals with a valid carry permit will be allowed to bring a firearm on public buses.

For a list of places where carrying firearms is prohibited, see:

[http://gunla.ws/ok6]

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I. Do “No Gun Signs” Have the Force of Law?

No. “No Firearm” signs in Oklahoma do not have the force of law unless they are posted on property that is specifically mentioned in State law as being off limits to those with a permit/license to carry. However, as a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested would subject the licensee to criminal charges.

[http://gunla.ws/4na9]

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J. 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. [http://gunla.ws/4na9]

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K. 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, VT and WY. Places listed in the “Criminal Provisions” above apply to those who open carry. The minimum age to open carry is 21.

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FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More