Gavin Howe
Oklahoma has long been an open-carry state, allowing most adults to carry guns openly without a permit, as long as they have a legitimate purpose and are not violating other laws. In 2019, Oklahoma repealed its requirement for a license and background check to carry firearms in public. As a result, Oklahoma law now generally authorizes any person who may legally purchase and possess a firearm and who is at least 21 years of age to carry loaded firearms in public, openly or concealed, without a license. However, there are still restrictions on who can carry and where.
| Characteristics | Values |
|---|---|
| Age requirement | 21 years or older; 18-20-year-olds may transport unloaded firearms in vehicles |
| Military personnel | Members of the military or honorably discharged veterans aged 18-20 may openly or conceal carry firearms |
| License requirement | No license required to carry a firearm; licenses are issued to residents and military personnel and their spouses stationed in Oklahoma only |
| Purpose | Carrying firearms for lawful self-defense, self-protection, or any other legitimate purpose such as hunting, fishing, educational or recreational purposes |
| Location restrictions | Firearms cannot be carried in schools, bars, or public government buildings |
| Prohibited persons | Undocumented immigrants, felons, fugitives, addicts, and those under a domestic violence restraining order or convicted of domestic violence misdemeanor |
| Alcohol and drug use | Carrying or using firearms while under the influence of alcohol, illegal drugs, or prescribed drugs that affect behavior is illegal |
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What You'll Learn
Concealed carry laws for retired law enforcement officers
Oklahoma has some of the most lenient gun laws in the country, allowing most adults to carry guns openly without a permit, as long as they have a legitimate purpose and are not violating other laws. In 2019, the state eliminated the license requirement for carrying concealed handguns, making it even more gun-friendly.
Retired law enforcement officers (LEO) in Oklahoma, or those who have moved to the state from elsewhere, can carry a concealed firearm under the Law Enforcement Officers Safety Act (LEOSA), or HR 218. This federal legislation allows qualified LEOs and retired LEOs, or those separated from service in good standing, to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. To qualify, retired officers must have been employed or commissioned as a full-time or reserve peace officer prior to retirement.
Retired LEOs in Oklahoma must be legal residents of the state and have received training equivalent to the training required for CLEET (Council on Law Enforcement Education and Training) certification. CLEET is responsible for establishing criteria for approving firearms instructors and qualifying individuals for a concealed handgun license. Applicants for a concealed carry license must generally complete a firearms safety and training course, demonstrating competence and qualification with an authorized handgun.
While Oklahoma has some of the fewest restrictions on possessing and carrying firearms, there are still rules in place, and violations can result in fines or jail time. For example, it is illegal to carry or use guns while under the influence of alcohol, illegal drugs, or certain prescription drugs. Additionally, Oklahoma restricts carrying guns in certain locations, including schools, bars, and designated properties where businesses, owners, or employers have prohibited the carrying of firearms.
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Concealed carry laws for undocumented immigrants
In Oklahoma, it is illegal for undocumented immigrants to carry handguns and dangerous firearms. The state's gun laws are complex, and there are many other restrictions on who can carry a firearm and where.
Firstly, only those over the age of 21 (or in some cases, 18 for military personnel) who can legally possess a firearm may carry a concealed weapon in Oklahoma. To obtain a concealed carry permit, applicants must meet several requirements, including no prior suicide-related cases or mental instability, no convictions for battery, violence, or stalking, and no violations of the Protection from Domestic Act.
Secondly, certain locations in Oklahoma are off-limits for carrying firearms, including schools, bars, and government buildings. Bringing a firearm onto school property or into a bar can result in misdemeanor or felony charges, punishable by fines or jail time.
Finally, it is essential to note that Oklahoma recognizes concealed and unconcealed carry permits issued by other states. However, individuals carrying firearms in Oklahoma must comply with the state's laws, such as disclosing their weapon to a peace officer and adhering to location restrictions.
In summary, while Oklahoma has permitless carry for adults over 21 who can legally possess firearms, undocumented immigrants are specifically prohibited from carrying handguns and dangerous weapons in the state.
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Concealed carry laws for those under the influence of alcohol or drugs
In Oklahoma, it is illegal to carry a firearm under the influence of alcohol or drugs. This means that you cannot carry a gun if you have consumed any amount of alcohol or drugs, even if it is just one drink or a small amount of drugs. The law applies to both concealed and open carry.
The law also prohibits carrying a firearm into any establishment where the primary purpose of the business is the sale of alcoholic beverages. This includes bars and restaurants that serve alcohol. However, it is legal to carry a firearm into a restaurant or other establishment licensed to dispense alcoholic beverages if the primary purpose of the business is not the sale of alcohol.
The penalties for carrying a firearm while under the influence of alcohol or drugs can include fines, jail time, or both. The fines typically range from $50 to $500, and the jail time can be up to three or six months.
It is important to note that the definition of "possession" of a firearm is broad and does not require the gun to be physically on the person. If the firearm is in close proximity, such as in the center console of a car, it can be considered possession. Additionally, the term "consume" is defined as the act of drinking or ingesting alcoholic beverages or eating a product containing alcohol.
The laws regarding firearms and alcohol or drug use are complex and can be vague, and it is always best to err on the side of caution. If you have any questions or concerns about your specific situation, it is recommended to consult with an attorney or legal expert.
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Concealed carry laws for those under 21
In Oklahoma, individuals aged 21 and above who can legally possess a firearm may carry a concealed firearm without a license or permit. This is known as "permitless carry". Those under 21 may be able to transport unloaded firearms in vehicles, openly or concealed, if they are between 18 and 20 years old, legally possess the firearm, and are either a member or veteran of the U.S. military.
Oklahoma has long been an "open-carry" state, allowing most adults to carry guns openly without a permit, as long as they have a legitimate purpose and are not violating other laws. In 2019, the state eliminated the license requirement for carrying concealed handguns, making it even more accessible for individuals to carry firearms.
It is important to note that there are restrictions on who can carry a firearm and where. Federal law places firearm bans on certain individuals, including felons, fugitives, addicts, and those under a domestic violence restraining order or convicted of a domestic violence misdemeanor. Additionally, Oklahoma prohibits the carrying of firearms by undocumented immigrants and individuals under the influence of alcohol, illegal drugs, or prescription drugs that affect them enough to cause abnormal behavior.
Certain locations in Oklahoma are also off-limits for carrying firearms, including schools, government buildings, and bars. Carrying a firearm in prohibited areas can result in penalties ranging from denial of entrance to a $250 fine or even misdemeanor charges.
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Concealed carry laws for those with a criminal record
Oklahoma has some of the most lenient gun laws in the country, allowing most adults aged 21 and over to carry a firearm openly or concealed without a permit, as long as they are legally allowed to possess a firearm and are not carrying it with the intention of committing a crime.
However, there are certain restrictions on who can carry a firearm and where they can carry it. Prohibited persons in Oklahoma include felons, fugitives, addicts, and those under a domestic violence restraining order or convicted of a domestic violence misdemeanor. It is also illegal for undocumented immigrants to carry handguns and dangerous firearms. Those with prior convictions or adjudications face the harshest penalties for unlawful possession, which is a felony with a possible prison sentence of one to ten years.
In addition, Oklahoma restricts carrying guns in certain locations, including schools and bars. Carrying a firearm in these locations can result in penalties ranging from being denied entrance to a $250 fine. Even if permitted to carry a gun, individuals may be charged with a misdemeanor for bringing a firearm onto the property of K-12 schools, vocational-technical schools, or school buses.
To obtain a handgun license in Oklahoma, applicants must typically complete a firearms safety and training course and demonstrate competence and qualification with an authorized handgun. The course covers various topics, including firearm safety, handling, and storage, as well as the criminal provisions of Oklahoma law relating to firearms.
While Oklahoma has some of the fewest restrictions on possessing and carrying firearms, it is important to remember that gun laws are complex and constantly changing. If you have questions about Oklahoma's gun laws or face criminal charges related to firearms, it is best to consult with an attorney or legal expert.
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Frequently asked questions
An individual must be 21 years or older to conceal carry in Oklahoma. Individuals between the ages of 18 and 20 may transport unloaded firearms in their vehicles, openly or concealed.
Firearms must not be carried in schools, bars, and certain government buildings. Carrying a firearm while under the influence of alcohol, illegal drugs, or prescribed drugs that affect your behaviour is also prohibited.
Penalties for unlawful possession include fines ranging from $50 to $500 and jail sentences of up to 180 days. For those with prior convictions, penalties can be harsher, with possible prison sentences ranging from one to ten years.
Applicants must complete a background check and attend a state-authorized firearms instructor school for a minimum of 16 hours. The Oklahoma State Bureau of Investigation (OSBI) must issue or deny the license within 60 to 90 days of receiving the application and required information.
