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Oklahoma Gun Laws

Monday, May 11, 2020

STATE CONSTITUTIONAL PROVISION - Article 2, Section 26.

“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.”

Gun Laws Overview

RIFLES & SHOTGUNS HANDGUNS
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No No*

*Oklahoma's permitless carry law allows anyone aged at least 21 years old, who is not otherwise disqualified from possessing a firearm under state and federal law, and who is not carrying the gun in furtherance of a crime, to carry without a permit. The minimum age to carry drops to 18 years old or older if the person is a member or veteran of the United States Armed Forces, Reserves or National Guard or was discharged under honorable conditions from the United States Armed Forces, Reserves or National Guard. 

The list and map below are included as a tool to assist you in validating your information.  We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change.  The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

RECIPROCITY NOTES: Wisconsin recognizes Oklahoma licenses issued or renewed on or after 10/01/2018 only. Colorado, Florida, Maine, Michigan, Pennsylvania and South Carolina recognize only Oklahoma’s resident permits.  

STATE STATUS
Castle Doctrine Enacted
No-Net Loss No Legislation
Right to Carry Confidentiality Provisions Enacted
Right to Carry in Restaurants Partial Ban
Right To Carry Laws No Permit Required
Right To Carry Reciprocity and Recognition Outright Recognition
Right to Keep & Bear Arms State Constitutional Provisions With Provisions
Concealed Carry Reciprocity
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Click on a State to see the Gun Law Profile

 

Laws on Purchase, Possession and Carrying of Firearms

Antiques and Replicas

Based on 21 Okla. Stat. Ann. § 1289.18(E), a “firearm” does not include an “antique firearm” as defined in federal law, 18 U.S.C. § 921(16). This definition does not clearly apply to any of the offenses listed at 21 Okla. Stat. Ann. §§ 1271.1 to 1288.    

Possession

No state permit is required to possess a rifle, shotgun or handgun. 

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It is unlawful for any person convicted of a felony crime in any court to possess, or have under his or her immediate control, or in any vehicle, or a residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm. This does not apply to anyone convicted of a nonviolent felony who has since received a full and complete pardon, and who has not been convicted of any other felony offense. 21 Okla. Stat. Ann. § 1283(A), (B).

It is unlawful for any person serving a term of probation for any felony (including under the jurisdiction of any alternative court program) to possess, have under his or her immediate control, or at his or her residence, or in any passenger vehicle, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or rifle, while such person is subject to supervision, probation, parole or inmate status. 21 Okla. Stat. Ann. § 1283(C).

Any person adjudicated as a delinquent child or a youthful offender for committing an offense that would be a felony if committed by an adult, is prohibited from possessing, having immediate control of, having in any vehicle or in their residence, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm during the ten year period after such adjudication. 21 Okla. Stat. Ann. § 1283(D).

Any alien illegally or unlawfully in the United States is prohibited from possessing, having immediate control of, having at their residence or in any vehicle the alien is operating, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm. 21 Okla. Stat. Ann. § 1283(E).

As used in the above prohibitions, a “sawed-off shotgun or rifle” means any shotgun or rifle which has been shortened to any length; an “altered toy pistol” means any toy weapon which has been altered from its original manufactured state to resemble a real weapon, and “altered air pistol” means any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state. 21 Okla. Stat. Ann. § 1283(H).

It is unlawful for any person under 18 years of age to possess any firearm, except firearms used for participation in hunting, hunter safety classes, education and training in the safe use and handling of firearms, target shooting, skeet, trap or other sporting events or competitions. 21 Okla. Stat. Ann. § 1273(C), (E).

It is unlawful to sell or give to person under the age of 18 any firearm, except that a minor’s parent or legal guardian, or a person acting with the permission of the parent or legal guardian, may give the minor a firearm for participation in hunting, hunter safety classes, education and training in the safe use and handling of firearms, target shooting, skeet, trap or other sporting events or competitions. This exception for a parent or guardian does not apply if the parent is aware of a substantial risk that the minor will use the gun to commit a criminal offense, or if the minor has either been adjudicated a delinquent or has been convicted as an adult for any crime that contains as an element the threat or use of physical force against another. 21 Okla. Stat. Ann. § 1273(A), (B).

Any firearm carried or possessed by a minor under 18 years old who is detained or arrested by law enforcement is subject to confiscation and forfeiture, regardless of whether criminal charges are filed against the minor. 21 Okla. Stat. Ann. § 1271.1(A).

It is unlawful, based on 21 Okla. Stat. Ann. § 1280.1, to possess a firearm on any public or private school property, on a school bus, or on any other vehicle used by a school for transportation of students or teachers. This does not apply to:

  • A person with a valid Oklahoma carry license carrying a handgun in a motor vehicle, where the vehicle is on any lot or space that the school has designated for the use or parking of vehicles, although the handgun must be stored and hidden from view and the vehicle locked anytime it is left unattended on school property.
  • A gun possessed by law enforcement or any other person authorized by law to possess a weapon in the performance of his or her duties.
  • A gun designed for hunting purposes kept in a privately-owned vehicle, displayed or stored as required by law, where the vehicle is driven onto school property only to transport a student to or from school and is not left unattended on school property.
  • A gun used as part of the Department of Wildlife Conservation certified hunter training education course or any other hunting, fishing, safety or firearms training courses, or a recognized firearms sports event, team shooting program or competition, or living history reenactment, if the course or event is approved by the principal or chief administrator of the school, and the gun is otherwise properly displayed or stored as required by law.
  • For public schools, a handgun carried onto school property by school personnel who have been designated by the board of education, provided (1) such personnel either have a valid Oklahoma armed security guard license or a valid Oklahoma reserve peace officer certification, and (2) the board of education of the school district has a policy that authorizes the carrying of a handgun onto public school property by such personnel.
  • For private schools, a concealed or unconcealed weapon carried onto school property or any school bus or vehicle used by the school by a person who with a valid Oklahoma carry license, if the private school has adopted a policy that authorizes the possession of a weapon on private school vehicles or property.
  • A gun in the possession of a member of a veterans group, the national guard, active military, the Reserve Officers’ Training Corps (ROTC) or Junior ROTC, in order to participate in a ceremony, assembly or educational program approved by the principal or chief administrator of a school or school district where the ceremony, assembly or educational program is being held; provided, however, the gun cannot be loaded and must be inoperable at all times while on school property.

Possession of a firearm is generally prohibited upon any college, university or technology center school property, except for (1) any property set aside for the use or parking of any vehicle, so long as the firearm is carried or stored as required by law and is not removed from the vehicle without the prior consent of the college or university president or technology center school administrator. A college, university or technology center school cannot, by policy or rule, prohibit carrying in a vehicle on property set aside for the use or parking of any vehicle so long as it is compliant with this provision; (2) any property authorized for possession or use of firearms by college, university or technology center school policy; and (3) any property authorized by the written consent of the college or university president or technology center school administrator, where the written consent is carried with the firearm. This firearm prohibition is also subject to exceptions for law enforcement and private investigators. 21 Okla. Stat. Ann. § 1277 (F) and (G).

It is unlawful to possess firearms in any business where low-point beer or alcoholic beverages are consumed, unless the person is (1) a peace officer, or private investigator with a firearms authorization acting in the scope and course of employment, (2) the owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises, or (3) anyone with a valid Oklahoma carry license carrying a handgun (concealed or unconcealed) into a restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business. 21 Okla. Stat. Ann. § 1272.1.

State law makes it a felony to bring into or possess, without proper authorization, a gun at any jail or state penal institution or other place where prisoners are located. This does not apply to a Department of Corrections employee with a valid Oklahoma carry license who keeps a firearm in a vehicle at any parking area at any state-owned prison facility, if the employee has provided annual notification to the employee of the firearm’s brand name, model, serial number, and owner identification information, and the firearm is secured in a locked metal storage container in a locked vehicle. 57 Okla. Stat. Ann. § 21(A).

A person who is not otherwise prohibited by law from possessing a firearm may transport a handgun, loaded or unloaded in a motor vehicle at any time. Any driver or passenger in a motor vehicle containing another person who has a valid Oklahoma carry license or is otherwise permitted by law to carry a handgun, concealed or unconcealed, and is carrying a handgun or has the handgun in such vehicle, is deemed not in violation of the this law provided the licensee or person permitted by law is in or near the vehicle. 21 Okla. Stat. Ann. § 1289.7(A),(C),

Any person who is not otherwise prohibited by law from possessing a firearm may transport in a motor vehicle a rifle or shotgun, open or concealed, although a rifle or shotgun transported in a “landborne motor vehicle over a public highway or roadway” must be unloaded (clip- or magazine-loaded, not chamber-loaded) and kept in an exterior locked compartment of the vehicle or trunk or in the interior compartment of the vehicle. However, any driver or passenger in a vehicle transporting a person with a valid Oklahoma carry license and has a rifle or shotgun is deemed not to have violated the law against transporting a loaded long gun, provided the license holder is in or near the vehicle. 21 Okla. Stat. Ann. §§ 1289.7, 1289.13 

It is unlawful for any person transporting a gun in a motor vehicle to fail or refuse to identify that the person is in actual possession of a gun when asked to do so by a law enforcement officer during any arrest, detainment or routine traffic stop. 21 Okla. Stat. Ann. § 1289.7(D).

It is unlawful to transport a shotgun, rifle or handgun in a boat or other water transportation device than a seaplane, unless the person is hunting and in compliance with existing state and federal laws. This does not apply to any person in possession of a valid Oklahoma carry license or a license from another state carrying a handgun, concealed or unconcealed upon or about their person, in compliance with state law.  63 Okla. Stat. Ann. §§ 4210.3, 4002(38) (definition of “vessel”).

It is a crime to carry or use a firearm while under the influence of alcohol, any hallucinogenic, any unlawful or unprescribed drug, or while under the influence of any drug prescribed by a licensed physician “if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.” 21 Okla. Stat. Ann. § 1289.9.

State law preserves the right of a “person, property owner, tenant, employer, place of worship or business entity” to control the possession of weapons on any property owned or controlled by the person or business entity, except that they may not establish any policy or rule that (1) has the effect of prohibiting anyone other than a convicted felon from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle, (2) has the effect of prohibiting any person from carrying a concealed or unconcealed firearm on property within any property designated by a city, town, county or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds, except the fairgrounds during the Oklahoma State Fair or the Tulsa State Fair; 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 facility during an event authorized by the city, town, county, state or federal government; a publicly-owned sports field during a school, collegiate, or professional sporting event; and any part of such public property that is leased to a private entity for use as an office. 21 Okla. Stat. Ann. § 1290.22(A), (B) and (D).

If the property owner, tenant, employer, place of worship or business entity prohibits the carrying of firearms on the premises and the building or property is open to the public, premises must be posted with signs indicating that firearms on the premises are not allowed. Anyone carrying a firearm into or on property that has been so posted may be denied entrance or be removed from the property, and may be liable to criminal prosecution if the person refuses to leave. 21 Okla. Stat. Ann. § 1290.22(C), (E).

For the places where it is unlawful to carry a concealed or unconcealed handgun, see the section on Carrying.

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Purchase

No state permit is required for the purchase of a rifle, shotgun or handgun. 

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Oklahoma residents may purchase long guns, ammunition and cartridge and shotgun shell handloading components and equipment from a dealer in any other state as long as all parties comply with the laws of Oklahoma and the other state. Residents of a state other than Oklahoma may purchase rifles, shotguns, ammunition, cartridge and shotgun shell handloading components and equipment from a dealer licensed in the State of Oklahoma so long the transaction complies with the laws of Oklahoma and the resident’s state.  21 Okla. Stat. Ann. § 1288.

It is unlawful for any person to knowingly sell, trade, or otherwise cause the transfer of a firearm to any convicted felon or an adjudicated delinquent, a person under the influence of alcohol or drugs, or anyone who is mentally or emotionally unbalanced or disturbed. Any person or business engaged in selling, trading or otherwise transferring firearms is required to display this law “prominently in full view at or near the point of normal firearms sale, trade or transfer.” 21 Okla. Stat. Ann. § 1289.12.

It is unlawful to sell or give any firearm to any person under 18 years of age, except a parent, legal guardian, or a person with permission from a parent or legal guardian may give the minor a firearm for hunting, hunter safety classes, education and training in the safe use and handling of firearms, target shooting, skeet, trap or other sporting events or competitions. 21 Okla. Stat. Ann. § 1273(A).

It is a felony to knowingly solicit, persuade, encourage or entice a licensed firearm dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate state or federal law. It is a felony to provide to a licensed firearm dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition. Any person who willfully procures another to engage in such prohibited conduct shall be held accountable as a principal. This does not apply to a law enforcement officer acting in his or her official capacity or to a person acting at the direction of such law enforcement officer. 21 Okla. Stat. Ann. § 1289.28.

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Carrying

Oklahoma’s permitless carry law, 21 Okla. Stat. Ann. § 1272(A)(6), is a specific exception to the “unlawful carrying of a firearm” crime. Under that law, it is unlawful for any person to carry on their person, or in a purse or other container, any firearm, whether loaded or unloaded, concealed or unconcealed, but that law exempts the carrying a firearm by anyone who is at least 21 years old (at least 18 years old for anyone who is a member or veteran of the US Armed Forces, Reserves or National Guard or has been discharged under honorable conditions), if the person is otherwise not legally disqualified from the possession or purchase of a firearm and is not carrying the firearm in furtherance of a crime.

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Persons who are not eligible to carry under that section (in addition to any person prohibited under state or federal law from possession or receipt of a firearm) are those who have been convicted of: assault and battery which caused serious physical injury to the victim; aggravated assault and battery; assault and battery that qualifies as domestic abuse; stalking; a violation of a domestic abuse protection order; or a violation relating to illegal drug use or possession. 21 Okla. Stat. Ann. § 1272(B).

State law does not prohibit open carry of firearms (loaded and unloaded) without a license, provided the carrying is not in violation of any other law. For handguns, “unconcealed handgun” or “open carry” is defined as a loaded or unloaded 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. 21 Okla. Stat. Ann. § 1290.2(A)(2).

Carrying a loaded or unloaded shotgun, rifle or handgun without a carry license is specifically allowed under 21 Okla. Stat. Ann. § 1289.6 for: 

  • Lawful self-defense and self-protection or any other legitimate purpose not in violation of any law regarding the use, carrying, ownership and control of firearms.
  • Anyone carrying a firearm, concealed or unconcealed, loaded or unloaded, who is at least 21 years old (at least 18 years old if the person is a member or veteran of the US Armed Forces, Reserves or National Guard or has been discharged under honorable conditions) and the person is otherwise not disqualified from the possession or purchase of a firearm under state or federal law and is not carrying the firearm in furtherance of a crime.
  • Lawful hunting.
  • In a competition or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events.
  • Participating in or in preparation for a military function of the state military forces (Oklahoma Army or Air National Guard, federal military reserve and active military forces). Oklahoma Army or Air National Guard personnel with proper authorization and performing a military function may carry loaded or unloaded and concealed weapons on Oklahoma Military Department facilities in accordance with rules promulgated by the Adjutant General.
  • Participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials.
  • During a practice for or a performance for entertainment purposes.
  • As otherwise permitted by 21 Okla. Stat. Ann. § 1272(A) (carrying by: persons with a valid license, peace officers or other person authorized by law to carry a weapon in their official duties, persons for the purpose of living history reenactment, and in a courthouse by an authorized district judge, associate district judge or special district judge with a carry license).

Possession or carrying of a firearm at a public or private school, or while in any school bus or vehicle used by any school for transportation of students or teachers, is prohibited, with some exceptions. 21 Okla. Stat. Ann. § 1280.1.

The exceptions include:  

  • A person with a valid Oklahoma carry license carrying a handgun in a motor vehicle, where the vehicle is on any lot or space that the school has designated for the use or parking of vehicles, although the handgun must be stored and hidden from view and the vehicle locked anytime it is left unattended on school property.
  • A gun possessed by law enforcement or any other person authorized by law to possess a weapon in the performance of his or her duties.
  • A gun designed for hunting purposes kept in a privately-owned vehicle, displayed or stored as required by law, where the vehicle is driven onto school property only to transport a student to or from school and is not left unattended on school property.
  • A gun used as part of the Department of Wildlife Conservation certified hunter training education course or any other hunting, fishing, safety or firearms training courses, or a recognized firearms sports event, team shooting program or competition, or living history reenactment, if the course or event is approved by the principal or chief administrator of the school, and the gun is otherwise properly displayed or stored as required by law.
  • For public schools, a handgun carried onto school property by school personnel who have been designated by the board of education, provided (1) such personnel either have a valid Oklahoma armed security guard license or a valid Oklahoma reserve peace officer certification, and (2) the board of education of the school district has a policy that authorizes the carrying of a handgun onto public school property by such personnel.
  • For private schools, a concealed or unconcealed weapon carried onto school property or any school bus or vehicle used by the school by a person who with a valid Oklahoma carry license, if the private school has adopted a policy that authorizes the possession of a weapon on private school vehicles or property.
  • A gun in the possession of a member of a veterans group, the national guard, active military, the Reserve Officers’ Training Corps (ROTC) or Junior ROTC, in order to participate in a ceremony, assembly or educational program approved by the principal or chief administrator of a school or school district where the ceremony, assembly or educational program is being held; provided, however, the gun cannot be loaded and must be inoperable at all times while on school property.

Oklahoma law on other “prohibited places” where firearms in general or just handguns are or may be prohibited is not straightforward. 21 Okla. Stat. Ann. § 1277 makes it unlawful for any person, including anyone with a valid handgun carry license or carrying as allowed by the permitless carry law, to carry any concealed or unconcealed handgun into any of the following places:

  • A place owned or leased by a local, state or federal governmental authority for the purpose of conducting business with the public.
  • A courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrestees, prisoners or young offenders (except authorized Department of Corrections employees with a valid handgun license who have secured the handgun in their vehicle or as outlined below*);
  • A public or private elementary or secondary school, except for a person with a valid license specifically authorized by a policy of the private school or the public school’s board of education,
  • A 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.
  • Any other place specifically prohibited by law.

The above restrictions do not apply to the following parts of an otherwise prohibited place:

  • Parking areas, whether attended or unattended, of a local, state or federal governmental authority, any entity engaged in gambling authorized by law, or a public or private elementary or secondary school (in the case of a school, though, the handgun must be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended).
  • Any property adjacent to a structure, building or office space in which concealed or unconcealed handguns are prohibited.
  • Property designated by a local or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds, unless it involves a building or place used to conduct business with the public.

The above laws regarding prohibited places exempt law enforcement officers or any person authorized by law to carry a firearm as part of their job, or private investigators with a firearms authorization when acting in the course and scope of employment.

*Additional special exceptions apply only to courthouses: an authorized judge with a valid Oklahoma carry license may carry when acting in the course and scope of their job, and an elected county official with a valid Oklahoma carry license acting in the performance of duties within their county may carry at a courthouse but not within a courtroom. A sheriff of any county may authorize a county employee with a valid Oklahoma carry license to carry a concealed handgun at courthouses in the county when carrying out employment duties, but the sheriff may require additional instruction or training before giving this authorization and this authorization cannot allow the county employee to carry the handgun into a courtroom, sheriff's office, adult or juvenile jail or any other prisoner detention area. The board of county commissioners may authorize county employees with a valid Oklahoma carry license to carry a concealed handgun when carrying out employment duties on county annex facilities or grounds surrounding the county courthouse.

Possession of a firearm is generally prohibited upon any college, university or technology center school property, except for (1) any property set aside for the use or parking of vehicles, so long as the firearm is carried or stored as required by law and is not removed from the vehicle without the prior consent of the college or university president or technology center school administrator. A college, university or technology center school cannot, by policy or rule, prohibit carrying in a vehicle on property set aside for the use or parking of any vehicle so long as it is compliant with this provision; (2) any property authorized for possession or use of firearms by college, university or technology center school policy; and (3) any property authorized by the written consent of the college or university president or technology center school administrator, where the written consent is carried with the firearm. This firearm prohibition is also subject to exceptions for law enforcement and private investigators. 21 Okla. Stat. Ann. § 1277 (F) and (G).

Note that under a separate law, 21 Okla. Stat. Ann. § 1290.22, places (including spaces listed above at 21 Okla. Stat. Ann. § 1277 as exceptions) may be designated as “no firearm” zones by the property owner, tenant, employer, place of worship or business entity that owns or controls the property. These places may include: any portion of a public property structure or building during an event authorized by the local, state or federal governmental authority owning or controlling such building or structure; any public property sports field, including any adjacent seating area, where an elementary or secondary school, collegiate, or professional sporting event or an International Olympic Committee event is being held; the fairgrounds during the Oklahoma State Fair or the Tulsa State Fair; and the portion of a public property structure or building that is leased or under contract to a business or not-for-profit entity or group for offices.

Open carrying of handguns may be prohibited at municipal zoos or parks owned, leased, operated or managed by a public trust or a nonprofit entity, although this doesn’t allow a ban on carrying a concealed handgun. 21 Okla. Stat. Ann. § 1277(E).

It is unlawful to possess firearms in any business where low-point beer or alcoholic beverages are consumed, unless the person is (1) a peace officer, or private investigator with a firearms authorization acting in the scope and course of employment, (2) the owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises, or (3) anyone with a valid Oklahoma carry license carrying a handgun (concealed or unconcealed) into a restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business. 21 Okla. Stat. Ann. § 1272.1.

It is unlawful to carry a handgun loaded with ammunition that is larger than .45 caliber or ammunition that is otherwise prohibited by law. 21 Okla. Stat. Ann. § 1290.6.

It is a felony to carry a firearm for the purpose of unlawfully injuring another person. 21 Okla. Stat. Ann. § 1278.

It is unlawful to carry or use firearms while under the influence of alcohol, a hallucinogenic drug or any other unlawful or un-prescribed drug, or any prescribed drug that could cause abnormal behavior. 21 Okla. Stat. Ann. § 1289.9.

Oklahoma’s handgun carry licensing law is the Oklahoma Self-Defense Act, starting at 21 Okla. Stat. Ann. § 1290.1. The Oklahoma State Bureau of Investigation (“OSBI”) is authorized to issue a carry license for a concealed or unconcealed handgun.

An applicant for a license must be a U.S. citizen or lawful permanent resident, an Oklahoma resident, at least 21 years old (or at least 18 if the applicant is a member or veteran of the US Armed Forces, reserves or National Guard, or the person was discharged under honorable conditions), have completed a firearms safety and training course and submit proof of competency and qualification (or provide an exemption certificate from a certified gun safety instructor), and submit all other necessary documents and fees. 21 Okla. Stat. Ann. § 1290.9.

Disqualifications for eligibility for a license are listed at 21 Okla. Stat. Ann. §§ 1290.10 and 1290.11 and include felony convictions and convictions for certain misdemeanor crimes (including adjudications as a juvenile); adjudication as a mentally incompetent person, current treatment for mental illness, or an attempted suicide or other condition relating to or indicating mental instability or an unsound mind which occurred within the preceding ten-year period; “significant character defects of the applicant as evidenced by a criminal record indicating habitual criminal activity”; being subject to an outstanding felony warrant, and the others listed in those sections.

Not all disqualifications are permanent: for example, treatment for a mental illness or inpatient treatment for substance abuse is disqualifying only for the three years from the last date of treatment or upon presentation of a certified statement from a licensed physician attesting that the person is no longer disabled by mental illness. A victim protection order disqualifies for three years from the date of entry of the order or 60 days from the date an order was vacated, canceled, or withdrawn. Other disqualifications are event- or time-limited.  21 Okla. Stat. Ann. §§ 1290.10 and 1290.11.

A license application must be made under oath and signed in person before the sheriff of the county where applicant resides. The sheriff must verify that the person making application is the same person who signed the application. 21 Okla. Stat. Ann. §§ 1290.12(A)(5),(7), 1290.18.

Fingerprints, photographs, a background check, and proof of firearms competency and training, and payment of nonrefundable fees are also required. 21 Okla. Stat. Ann. § 1290.12(A)(4), (2), (6) to (10).

The firearms training course has to be taken from an approved and registered trainer or through an interactive online training course available electronically via the Internet which has been approved by the Council on Law Enforcement Education and Training (CLEET). The course must be designed to be “reasonably completed by the applicant within an eight-hour period,” and provide an opportunity for the applicant to “qualify himself or herself on either a derringer, a revolver, a semiautomatic pistol or any combination of a derringer, a revolver and a semiautomatic pistol, provided no pistol shall be capable of firing larger than .45 caliber ammunition.” Any applicant who trains with a semiautomatic may also be approved, upon request, for revolver and derringer, but qualification with revolver or derringer requires separate qualification for a semiautomatic firearm.

The certificate of training and certificate of competency and qualification issued to an applicant is valid for a period of three years. The original certificate of successful completion of a training course and an original certificate of successful demonstration of competency must be submitted with the application. 21 Okla. Stat. Ann. §§ 1290.12(A)(2); 1290.14(E), (A), (B)(2).

Certain applicants are exempt from the training requirement: a registered firearm instructor, an active duty or reserve duty law enforcement officer; certain retired law enforcement officers including retired peace officers from another state legally resident in Oklahoma and who have received training equivalent to CLEET-certification training; a CLEET-certified armed security officer, armed guard, correctional officer, or other person having a CLEET certification; a legal resident of Oklahoma who is trained and qualified in the use of handguns and on active military duty, national guard duty or regular military reserve duty; a legal resident of Oklahoma who is trained and qualified in the use of handguns, and honorably discharged from active military duty, national guard duty or military reserves within 20 years preceding the date of the application; a legal resident of Oklahoma who; and any person who is otherwise deemed qualified for a training exemption by CLEET. 21 Okla. Stat. Ann. § 1290.15.

A decision regarding a completed license application must be made within 90 days of receipt of the application. Any denial may be appealed within 60 days. 21 Okla. Stat. Ann. § 1290.12(A)(13).

Any person who has been granted a permanent victim protective order by the court under the Protection from Domestic Abuse Act may be issued a temporary handgun license for a maximum period of six months. 21 Okla. Stat. Ann. § 1290.12(A)(11)

Licensees’ application information and materials are confidential and remain available to law enforcement personnel for law enforcement purposed only. 21 Okla. Stat. Ann. §§ 1290.18(30), 1290.13.

Once issued, a license is valid in the state for a period of five or ten years, unless surrendered, suspended or revoked as provided by law. 21 Okla. Stat. Ann. § 1290.5(A).

A valid handgun carry license does not authorize the holder to carry or possess any weapon other than a handgun or possess any “illegal, imitation or homemade” handgun, to possess or carry a handgun in a place prohibited by law, or to point, discharge or use the handgun in any manner not otherwise authorized by law. 21 Okla. Stat. Ann. § 1290.7.

When carrying a handgun, a licensee must also carry his or her carry license and a valid Oklahoma driver’s license or other identification. A licensee must inform a police officer who requests that information that the licensee is in actual possession of a handgun when the licensee first comes into contact with any law enforcement officer during the course of any arrest, detention or routine traffic stop. No person shall be required to identify himself or herself as a handgun licensee or as lawfully in possession of any other firearm if the law enforcement officer does not demand the information. This disclosure requirement does not otherwise authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed. 21 Okla. Stat. Ann. § 1290.8(C), (D), (E).

Oklahoma has a special carry authorization for police officers. A full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) may carry a weapon (approved by the officer’s employing agency) anywhere in the state when the officer is not on active duty. When carrying off duty, the officer must either be wearing his or her uniform, or carry the official peace officers’ badge, Commission Card and CLEET Certification Card at all times when carrying a weapon approved by the employing agency and keep the approved weapon on his or her person at all times. 21 Okla. Stat. Ann. § 1289.23 (A), (B).

Otherwise, an officer may apply for a handgun carry license under the procedure outlined at 21 Okla. Stat. Ann. § 1289.23(I) and the training requirement is waived. An officer who has been issued a valid handgun carry license may carry as allowed under that license and is not limited to carrying an agency-approved weapon.  

Oklahoma has a special carry authorization for retired fire marshal inspectors, retired local or state peace officers (including peace officers classified as a reserve), and retired federal law enforcement officers in the State of Oklahoma. The CLEET may issue an identification card to such eligible retired former officers, which authorizes the retired peace officer to carry a firearm throughout the state. The retired former officer must apply to CLEET and provide a statement from the appropriate law enforcement agency verifying the status of the person as a retired peace officer of that jurisdiction and a notarized statement. The card shall expire every 10 years. 21 Okla. Stat. Ann. § 1289.8.

Oklahoma has a special carry authorization for any United States Attorney or Assistant United States Attorney. He or shemay carry a firearm on the person anywhere in the state if the person has successfully completed a handgun qualification course for court officials developed by the CLEET, and CLEET may provide for an identification card to be issued to the person. 21 Okla. Stat. Ann. § 1289.29.

The State of Oklahoma recognizes any valid concealed carry weapons permit or license issued by another state. A resident of another state that allows permitless carry may carry a concealed or unconcealed firearm in Oklahoma if the person is eligible for permitless carry in their home state and is in compliance with the Oklahoma carry laws. The firearm must be carried fully concealed, or unconcealed and, upon coming in contact with any peace officer in Oklahoma, the person must disclose the fact that he or she is in possession of a concealed or unconcealed firearm pursuant to the permitless carry laws of the state in which he or she is a legal resident. The person must present proper identification by a valid photo ID as proof that he or she is a legal resident in such other state. 21 Okla. Stat. Ann. § 1290.26.

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Machine Guns, Magazines, Ammunition, etc.

Oklahoma has no specific prohibitions on machine guns apart from the law prohibiting a convicted felon, or anyone adjudicated as a delinquent child or a youthful offender for committing an offense that would be a felony if committed by an adult, from possessing a machine gun. 21 Okla. Stat. Ann. § 1283(A), (D).

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When certification by a chief law enforcement officer is required by federal law or regulation for the transfer or making of a “firearm” as defined by the National Firearms Act, the chief law enforcement officer must, within 15 days of receipt of a request for certification, provide the certification if the applicant is not prohibited by law from receiving the firearm or the applicant is not the subject of a proceeding that could result in the applicant being prohibited by law. An applicant whose request for certification is denied may appeal the decision of the chief law enforcement officer to the district court located in the county in which the applicant resides. 21 Okla. Stat. Ann. § 1289.30.

Oklahoma has no laws regulating “large capacity” magazines.

Oklahoma has no laws regulating “assault weapons.”

It is a felony to knowingly possess a sawed-off shotgun or a sawed-off rifle, whether concealed or not, but this law does not apply to any firearm that is lawfully possessed under federal law or that is otherwise not regulated as a “firearm” pursuant to the federal National Firearms Act. A “sawed-off shotgun” means any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than 18 inches long, and using a combustible propellant charge, but does not include any weapon so designed with a barrel less than 18 inches long if it has an overall length of at least 26 inches. A “sawed-off rifle” means any rifle having a barrel or barrels of less than 16 inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if, as modified, it has an overall length of less than 26 inches, including the stock portion. 21 Okla. Stat. Ann. § 1289.18.

It is a felony to possess, carry upon the person, use or attempt to use against another person any “restricted bullet” (a round or elongated missile with a core of less than 60% lead and having a fluorocarbon coating, which is designed to travel at a high velocity and is capable of penetrating body armor). Except for the purpose of public safety or national security, it is a felony to manufacture, import, advertise for sale or sell within Oklahoma any restricted bullet. 21 Okla. Stat. Ann. §§ 1289.21, 1289.20, 1289.19 (definition).

It is unlawful to carry a handgun loaded with ammunition that is larger than .45 caliber or that is otherwise prohibited by law. 21 Okla. Stat. Ann. § 1290.6.

Any person who commits or attempts to commit a felony while wearing “body armor” commits the separate felony for wearing such body armor. “Body armor” means a vest or shirt of ten plies or more of bullet resistant material as defined by the Office of Development, Testing and Dissemination, a division of the United States Department of Justice. 21 Okla. Stat. Ann. § 1289.26, 1289.19 (definition).

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Preemption

The state firearm preemption law, 21 Okla. Stat. Ann. § 1289.24, directs that the State Legislature “occupies and preempts the entire field of legislation … touching in any way firearms, knives, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision,” and, except as otherwise permitted by state law, any existing or future orders, ordinances, or regulations are “null and void.”

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Subsection (B) reads: “No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, knives, components, ammunition, and supplies.”

When a person’s rights pursuant to the protection of the preemption law have been violated, the person has the right to sue and bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both. 21 Okla. Stat. Ann. § 1289.24(D).

Oklahoma’s handgun carry licensing law adds that, “as a matter of public policy and fact,” the Legislature finds it is “necessary to provide statewide uniform standards for issuing licenses to carry concealed or unconcealed handguns for lawful self-defense and self-protection, and further finds it necessary to occupy the field of regulation of the bearing of concealed or unconcealed handguns to ensure that no honest, law-abiding citizen who qualifies pursuant to the provisions of the Oklahoma Self-Defense Act is subjectively or arbitrarily denied his or her rights.” 21 Okla. Stat. Ann. § 1290.25.

The legislative exceptions to this overall preemption by the State allow:

  • municipalities to adopt ordinances relating to the discharge of firearms within the boundaries of the municipality, and to issue traffic citations to persons transporting a firearm improperly in violation of state law (21 Okla. Stat. Ann. § 1289.13A), although the penalties for the ordinance violation cannot exceed the penalties in state law.
  • an order, ordinance, or regulation by a municipality concerning the confiscation of property used in violation of an ordinance, although no municipal ordinance relating to transporting a firearm or knife improperly may include a provision for confiscation of property.
  • a public or private school to create a policy regulating the possession of knives on school property or in any school bus or vehicle used by the school for purposes of transportation.

21 Okla. Stat. Ann. § 1289.24(A)(2),(4), and (C).

The State Legislature has also declared that the authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit, or any related department, agency, or authority, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacturing, marketing, or sale of firearms or ammunition to the public is “reserved exclusively to the state.” However, a political subdivision or local government may bring action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by it. 21 Okla. Stat. Ann. § 1289.24a(2).

During the existence of a declared state of emergency, neither the Governor nor any official of a municipal or state entity may “prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law”. This law gives any person who has been affected by a violation of this prohibition a right to sue for damages and costs. 21 Okla. Stat. Ann. § 1321.4(B).

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Range Protection

A local unit of government’s ordinance or rule relating to noise is not enforceable against a shooting range, provided the noise at the property line of the range does not exceed 150 decibels. The ordinance or rule cannot serve as the basis for any legal proceedings, whether brought by a governmental official or an individual person.

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A governmental official cannot seek a civil or criminal penalty or injunction against a shooting range (or its owners or operators) on the basis of noise emanating from the range, provided the noise at the property line of the shooting range does not exceed 150 decibels.

No person may bring any legal proceedings against a shooting range, or its owners or operators, based upon noise emanating from the shooting range, provided the noise at the property line of the range does not exceed 150 decibels.

63 Okla. Stat. Ann. § 709.2.

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Miscellaneous

It is unlawful for any private employer doing business in Oklahoma to ask an applicant for employment to provide information about whether the applicant owns or possesses a firearm. All public employers and public officials within Oklahoma are prohibited from asking any applicant for employment to provide information about whether the applicant owns or possesses a firearm. 21 Okla. Stat. Ann. § 1289.27.

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It is unlawful to point any firearm, whether loaded or not, at any other person. This does not apply to the following acting in the performance of their duties:  law enforcement authorities, licensed armed security guards, members of the state military forces, the federal military reserve and active military components, or any federal government law enforcement officer. It also does not apply to the performance of a play on stage, rodeo, television or on film, or in defense of any person, one’s home or property. 21 Okla. Stat. Ann. §§ 1279, 1289.16.         

It is unlawful for any person to engage in reckless conduct while in possession of any firearm, creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person. 21 Okla. Stat. Ann. § 1289.11.

It is a felony to willfully or intentionally shoot a firearm or other deadly weapon at or into any dwelling, or at or into any building used for public or business purposes. 21 Okla. Stat. Ann. § 1289.17A.   

It is unlawful to knowingly transmit, transfer, sell, lend or furnish any firearm to a person who is under an adjudication of mental incompetency, mentally deficient or of unsound mind, under the influence of alcohol or drugs or who is otherwise mentally or emotionally unbalanced or disturbed, or to knowingly sell, trade, give, transmit or otherwise cause the transfer firearms to any convicted felon or an adjudicated delinquent. 21 Okla. Stat. Ann. §§ 1289.10, 1289.12.

It is unlawful to willingly or maliciously disturb the peace and quiet by shooting or brandishing a firearm. 21 Okla. Stat. Ann. § 1362

 No person may shoot game while riding in or on any motor-driven land, air, or water conveyance, except a non-ambulatory person may hunt from such with written permission of the Oklahoma Wildlife Conservation Director. 29 Okla. Stat. Ann. § 5-203.1(D) (see section for other limited exceptions).

 Except for a peace officer in the performance of his or her duties, no person may hunt, pursue game or use firearms within 440 yards of a church, schoolhouse, or other public place where people may assemble, so as to disturb such assemblage. 29 Okla. Stat. Ann. § 5-204(A).

 No person may shoot at wildlife from or across a public road or highway, or railroad right of way. 29 Okla. Stat. Ann. § 5-204(B).

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Oklahoma NEWS
Oklahoma: Legislature Adjourns from its 2020 Legislative Session

Tuesday, May 19, 2020

Oklahoma: Legislature Adjourns from its 2020 Legislative Session

Late Friday, the Oklahoma Legislature adjourned from its 2020 Legislative Session.

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Friday, February 21, 2020

Oklahoma: Legislation to Repeal Constitutional Carry Overwhelmingly Defeated in Committee

Yesterday, Oklahoma Representative Jason Lowe presented a bill in the House Public Safety Committee to repeal Oklahoma’s Constitutional Carry ...

Constitutional Carry OK in Oklahoma

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Thursday, October 31, 2019

Constitutional Carry OK in Oklahoma

FAIRFAX, Va.– The National Rifle Association's Institute for Legislative Action (NRA-ILA) welcomes Oklahoma as the newest constitutional carry ...

Oklahoma: Legislature Adjourns From its Successful 2019 Session

Wednesday, May 29, 2019

Oklahoma: Legislature Adjourns From its Successful 2019 Session

Late last week, the Oklahoma Legislature adjourned from its 2019 Legislative Session. 

Oklahoma Enacts Constitutional Carry Law

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Wednesday, February 27, 2019

Oklahoma Enacts Constitutional Carry Law

The National Rifle Association Institute for Legislative Action (NRA-ILA) today applauded Oklahoma Governor Kevin Stitt for signing into ...

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Wednesday, February 27, 2019

Senate passes 'constitutional carry' bill that Gov. Kevin Stitt will sign into law

A NRA supported measure that would allow individuals to carry firearms without a permit or training is headed to ...

Oklahoma: Senate to Vote on Constitutional Carry Legislation This Week!

Monday, February 25, 2019

Oklahoma: Senate to Vote on Constitutional Carry Legislation This Week!

On Wednesday, the Oklahoma Senate is scheduled to vote on Constitutional Carry Legislation, House Bill 2597. 

Tulsa World  

Friday, February 22, 2019

Defending Second Amendment Rights

The right to bear arms is a constitutional right and it is one that I do not plan ...

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.