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Oklahoma Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Oklahoma Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Overview of Federal and State Gun Control Laws

Both state and federal laws play crucial roles in regulating firearms and ammunition, covering aspects from manufacture and purchase to possession and use. These laws aim to balance public safety concerns with the constitutional rights of individuals to own and use firearms for lawful purposes like self-defense.

Federal laws oversee firearm manufacturing and licensing for gun dealers, impose restrictions on owning dangerous weapons, and identify categories of individuals prohibited from possessing firearms, such as convicted felons and those convicted of domestic violence.

The enforcement of federal laws is carried out by agencies like the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The National Instant Criminal Background Check System (NICS) was established by Congress to aid law enforcement agencies in preventing firearms from falling into the hands of individuals not legally allowed to possess them.

Each state also sets its own regulations on purchasing and using firearms under its jurisdiction. These laws must align with the Second Amendment of the U.S. Constitution, safeguarding the right to bear arms for lawful purposes.

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Oklahoma Gun Laws Overview

Oklahoma is known for its favorable stance on gun ownership, with laws designed to protect the rights of law-abiding citizens to possess and carry firearms. The state has refrained from introducing new gun control measures in response to rising firearm violence, instead expanding gun rights in recent years.

In Oklahoma, there is no requirement for a license or permit to purchase a firearm, and no waiting period is mandated following a purchase. Purchases from licensed dealers require a federal criminal background check, but private transactions do not necessitate such checks.

While assault weapons are not banned, Oklahoma prohibits certain dangerous weapons and ammunition. For instance, state law prohibits possession of sawed-off shotguns or rifles unless registered under federal law. It also prohibits using restricted bullets designed to penetrate body armor, imposing additional penalties for wearing body armor during the commission of a crime.

State law restricts firearm possession for convicted felons, individuals illegally present in the U.S., those under the influence of drugs or alcohol, and those adjudicated mentally incompetent. Minors under 18 years old generally cannot possess firearms unless participating in specified activities under adult supervision.

Oklahoma Carry Laws

Oklahoma has enacted laws that ease restrictions on both concealed and open carry of firearms in recent years.

In 2019, Oklahoma implemented permitless carry legislation, allowing individuals aged 21 and older (or 18–20 if in the military) to carry firearms openly or concealed without needing a background check or handgun license. However, these individuals must comply with all applicable state and federal laws; otherwise, they risk arrest and prosecution.

Despite permitless carry, individuals may still apply for a concealed handgun license for reciprocity purposes with other states. The Oklahoma State Bureau of Investigation (OSBI) oversees the application process, which includes demonstrating residency and completing firearm safety training approved by the Oklahoma Council on Law Enforcement Education and Training (CLEET).

Exceptions for carrying firearms exist for law enforcement officers, as well as for self-defense, hunting, educational purposes, and certain recreational activities.

Prohibited Locations

Despite relaxed firearm carry laws, Oklahoma prohibits firearms in specific locations, including government buildings open to the public, courthouses, prisons, schools, colleges, and venues where alcohol sales are primary. Exceptions exist for authorized personnel and specific circumstances.

Overview of Oklahoma Gun Control Laws

Similar to other states, Oklahoma has implemented a preemption law preventing local municipalities like Oklahoma City from passing gun control ordinances conflicting with state law.

Below is a summary of key Oklahoma gun laws:

Relevant Oklahoma Gun Control Statutes (Laws)

  • Illegal carry — Section 1272
  • Carrying firearms in places where alcohol is consumed — Section 1272.1
  • Allowing minors to possess firearms — Section 1273
  • Illegal carry in certain locations — Section 1277
  • Illegal intent to carry — Section 1278
  • Possession of firearms on school property — Section 1280.1
  • Convicted felons and delinquents — Section 1283
  • Conditions for carrying firearms — Section 1289.6
  • Firearms in vehicles — Section 1289.7
  • Carrying firearms under the influence — Section 1289.9
  • Supplying firearms to incompetent persons — Section 21–1289.10
  • Supplying firearms to convicted individuals — Section 1289.12
  • Definitions (Illegal weapons) — Section 1289.18
  • Possession or use of restricted bullets — Section 1289.21
  • Using body armor — Section 1289.26
  • Illegal carry (permitless carry) — Section 1290.4
  • Eligibility (handgun license) — Section 1290.9
  • Mandatory exclusions — Section 1290.10
  • Other exclusions — Section 1290.11
  • Application process — Section 1290.12

Illegal Weapons

Oklahoma prohibits the possession of:

  • Sawed-off shotguns
  • Sawed-off rifles
  • Handguns loaded with restricted bullets or ammunition larger than .45 caliber

Waiting Period

There is no waiting period to purchase a firearm in Oklahoma.

Who Cannot Own

In Oklahoma, possessing a firearm is illegal if a person:

  • Was convicted of any felony or is serving a probation sentence for a felony, except for a nonviolent felony pardon
  • Was adjudicated as a child delinquent or a young offender for an act that would be a felony if committed by an adult in the last 10 years
  • Is an unauthorized or illegal non-U.S. citizen

License Requirement

No license is required to own or purchase a firearm in Oklahoma.

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Concealed Carry License Required

Residents have the option of obtaining a handgun license to carry a firearm, concealed or open. If you are at least 21 years old and may legally purchase and possess a firearm, you do not need a license or permit to carry a firearm. Whether you have a license or not, you may not carry a firearm with a criminal intent and must follow location restrictions.

Open Carry Allowed

If you are at least 21 years old and may legally purchase and possess a firearm, you do not need a permit to openly carry a firearm. However, you cannot carry a firearm with criminal intent and must comply with location restrictions.

Eligibility for Concealed Carry License

A handgun license is not required in Oklahoma, but the state offers a license for those seeking reciprocity with other states. To qualify for a handgun license, you must comply with the provisions of the Oklahoma Self-Defense Act. You must:

  • Be a U.S. citizen or lawful permanent resident
  • Be a resident of Oklahoma or a person who has established residency in Oklahoma
  • Be 21 years old or 18 years old and a member or veteran of the U.S. Armed Forces, Reserves, or National Guard, or be honorably discharged from military service
  • Complete a firearms safety and training course; demonstrate competence and qualifications with the type of firearm to be carried; and provide a certificate or proof supporting an exemption
  • Not be ineligible to possess a handgun because of a felony conviction or a judgment as a minor
  • Have a mental incompetency adjudication
  • Not be a wrongful applicant for a handgun license
  • Not have an offense of certain assault and battery misdemeanors, harassment, breach of a protection order, misdemeanor domestic violence, or drug offenses within the last 10 years
  • Not have attempted suicide or demonstrated a different condition that demonstrates a mental breakdown or an irrational mind in the last 10 years
  • Not be currently receiving care for a mental illness, a disease, or a condition
  • Not have significant criminal history that indicates criminal activity
  • Not be disallowed from possessing a gun under Oklahoma law or federal law
  • Not have an outstanding felony arrest warrant
  • Not have an arrest for an allegation of a felony crime
  • Not have a deferred sentence or a deferred prosecution for a crime of a felony
  • Not have a permanent mental illness, a disease, or a condition that requires medication or surveillance
  • Not have been hospitalized for a mental illness, a disease, or a condition that necessitates medication or surveillance
  • Not have two or more convictions of alcohol for two or more public drunkenness
  • Not have two or more criminal offenses in the past three years related to drunkenness or driving under the influence of an alcoholic substance
  • Not have a court decision for the ultimate order of the victim over the claimant
  • Not have an adjudicated youthful offender or a delinquent person in the past 30 days
  • Not have a charge for the person’s assumption, a demand for criminal postponement, or a preparation for the conclusion of some assault and battery misconduct, chase, protection, or local violence misdemeanor

Machine Gun Laws

Oklahoma has a law that prevents a person from owning a machine gun if convicted of a felony or youth offender for an act that would be a felony if committed by an adult. Oklahoma does not have a general law against owning a machine gun, but federal law restricts the ownership of a machine gun, and there is limited acceptance.

Constitutional Carry Laws