Anaya Nolan
Oklahoma's Constitutional Carry Law, also known as HB 2597, was signed into law by Governor Kevin Stitt on February 27, 2019, and took effect on November 1, 2019. This law establishes the constitutional carry of firearms, allowing individuals who are at least 21 years old or at least 18 years old and in the military to carry firearms, either concealed or unconcealed, without a license. However, there are restrictions on where firearms can be carried, and certain individuals, such as felons, are prohibited from purchasing or possessing firearms. Oklahoma's Constitutional Carry Law is an example of the state's stance on the Second Amendment and the right to bear arms, with the law's implementation impacting firearm regulations and raising discussions around public safety and gun control.
| Characteristics | Values |
|---|---|
| Age requirement | 21 years or older; 18 years or older for members of the military or honorably discharged veterans |
| Background check required | Yes, to purchase a firearm from a Federal Firearms Dealer or private seller |
| Open carry allowed | Yes, without a license |
| Concealed carry allowed | Yes, without a license |
| Location restrictions | Schools, government buildings, establishments that primarily serve alcohol, sports venues, gambling facilities, zoos |
| Reciprocity | Recognizes permits issued by all other states; residents of other permitless carry states can carry in Oklahoma |
| Firearm type restrictions | Fully automatic firearms are illegal under federal law unless registered under the National Firearms Act; short-barreled shotguns or rifles are illegal unless registered |
| Ammunition restrictions | Ammunition with "a core of less than sixty percent (60%) lead" or "a fluorocarbon coating capable of penetrating body armor" is illegal |
| Firearm registration | Not required |
| Firearm purchase waiting period | Not required |
| Firearm course required | Yes, a firearms safety and training course is required |
| Duty to retreat | No, Oklahoma is a "stand your ground" state |
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What You'll Learn
Who is eligible for constitutional carry in Oklahoma?
In Oklahoma, any person who is at least 21 years of age or at least 18 years of age and in the military, can carry a firearm, provided they are not otherwise disqualified to purchase one. In addition, individuals must pass a background check, meet certain requirements, and pass a firearms handling and safety course to be issued a permit.
Oklahoma is a "shall-issue" state, meaning that licenses are processed at the county level by the local sheriff's office, and no permit is needed to purchase a firearm from a private individual. There is no waiting period and no firearms registration in the state. A background check is required if purchasing a handgun from a Federal Firearms Dealer. Open carry is legal without a license for anyone who can legally own a firearm and is at least 21 years old (or at least 18 years old for members or veterans of the U.S. military) for lawful self-defense, self-protection, or any other legitimate purpose such as hunting, fishing, educational, or recreational purposes.
Some areas are off-limits for carrying firearms, including public government buildings, schools, and gambling facilities. It is also illegal to carry a firearm into an establishment whose primary purpose is to serve alcoholic beverages. However, it is lawful to carry a concealed or open firearm in any Federal, State, or municipal public park.
Oklahoma offers resident and non-resident licenses (for members of the military stationed in Oklahoma and their spouses). The state recognizes any valid concealed or unconcealed carry weapons permit or license issued by another state. Residents of other permitless carry states can also carry in Oklahoma.
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Where is carrying a firearm prohibited?
As of 2021, Oklahoma is a constitutional carry state, which means that eligible individuals have the right to carry a firearm openly or concealed without a permit or license. This law applies only to individuals who are 21 years of age or older and are legal residents of the United States. However, there are still some places and situations where carrying a firearm is prohibited, even with constitutional carry in effect.
Federal and state laws prohibit carrying firearms in certain locations, and these restrictions override any constitutional carry provisions. In Oklahoma, you cannot carry a firearm, either openly or concealed, in any building or office utilized for federal or state legislative, executive, or judicial activities. This includes places like police stations, courthouses, and town hall meetings. Carrying a firearm is also prohibited in any detention facility, jail, or prison, as well as in any place where the primary business is the sale of alcoholic beverages for on-site consumption, such as bars and clubs.
Additionally, schools and educational institutions are off-limits for carrying firearms. This includes any building or office utilized by a school, college, or university, as well as any activity involving a school, such as sporting events or field trips. It is also illegal to carry a firearm on school buses or other transportation provided by the school. Private businesses and property owners can also prohibit firearms on their premises by posting signs that clearly state that firearms are not allowed. Respecting these wishes is not only common courtesy but also the law in Oklahoma.
Firearms are also restricted at certain events and gatherings, especially those that require a permit and are open to the public, such as parades, festivals, and protests. Carrying a firearm at these events may be seen as a potential threat and is therefore prohibited. It is important to note that these restrictions are in place to maintain public safety and respect the wishes of certain institutions and businesses. While constitutional carry gives individuals the right to bear arms, it is still a responsibility that comes with restrictions and common-sense guidelines.
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What is the minimum age requirement?
The minimum age requirement to carry a firearm in Oklahoma is 21 years. This applies to both open and concealed carry of firearms. However, there are some exceptions to this rule.
For instance, members or veterans of the U.S. military, or those with a military designation, who are 18 years of age and older can carry a firearm in Oklahoma. Additionally, open or concealed carry of a firearm on private property or inside a residence is permitted for individuals 18 years of age and older, provided they can legally possess firearms.
Security guards aged 21 and above may obtain a license to carry firearms during their official duties if they meet certain requirements. Licensed private investigators with a CLEET firearms endorsement on their license are also permitted to carry firearms in prohibited places.
Oklahoma issues handgun licenses for individuals who wish to carry firearms in other states, and any person aged 21 or older with a valid firearm license from another state can apply for an Oklahoma handgun license upon establishing residence in the state.
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What are the requirements to obtain a license?
In 2019, Oklahoma became a "`constitutional carry'" state, meaning that individuals over the age of 21 (or 18 if they are in the military) who can legally purchase and possess a firearm are allowed to carry loaded firearms in public, openly or concealed, without a license. However, Oklahoma still offers handgun licenses for those who wish to obtain them for carrying in other states, and there are certain requirements that must be met to obtain such a license.
Firstly, applicants must pass a background check. If the background check shows no records pertaining to the applicant, the Oklahoma State Bureau of Investigation (OSBI) must issue a handgun license or deny the application within 60 days of receiving the completed application and required information from the county sheriff. In all other cases, the OSBI must issue or deny the license within 90 days. The OSBI is required to maintain a list of all persons issued a handgun license, as well as all suspended or revoked licenses, along with relevant applicant/licensee information.
In addition, there are certain offenses that would disqualify an individual from obtaining a handgun license in Oklahoma. These include assault and battery resulting in serious physical injury, aggravated assault and battery, stalking, violations of the Oklahoma Protection from Domestic Abuse Act or a victim protection order, illegal drug use or possession, and acts of domestic abuse or domestic assault and battery. If an individual has had a handgun license revoked within the previous five years, they are also precluded from obtaining a new license for three years.
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What is the law on carrying firearms while consuming alcohol?
In Oklahoma, it is illegal to carry or use a firearm while under the influence of alcohol, illegal drugs, or prescription drugs that affect mental, emotional, or physical processes. Carrying a firearm while under the influence is a misdemeanor punishable by a fine of $50 to $500 and a jail term of 10 days to 6 months.
Oklahoma law prohibits people from carrying or possessing firearms in any establishment where the primary purpose of the business is to sell alcoholic beverages. This includes any structure, building, or office space owned or leased by a governmental authority for conducting business with the public. However, this law does not apply if the individual is the owner or proprietor of the establishment or an employee with permission from the owner to carry or possess a firearm within the scope of their employment.
In addition, it is illegal to carry a loaded pistol, rifle, or shotgun in a vehicle on public roads, except for unloaded firearms locked in the vehicle's trunk or interior compartment if the owner is licensed to carry. Transporting a loaded weapon is a misdemeanor and can result in a fine of $50 to $500 and a jail term of 10 days to 6 months.
Oklahoma's constitutional carry law, established in 2019, allows the concealed or unconcealed carry of firearms by individuals aged 21 or older, or 18 and in the military, as long as they are not disqualified from purchasing a firearm. This law maintains that individuals must pass a background check to purchase a gun and disclose firearms in their possession when requested by a law enforcement officer.
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Frequently asked questions
The constitutional carry law in Oklahoma allows anyone over the age of 21 (or 18 if they are in the military) to carry a firearm in public, openly or concealed, without a license.
You cannot carry a firearm in schools, government buildings, or any place where gambling is authorised (such as a casino). You also cannot carry in an establishment whose primary purpose is to serve alcohol.
No, Oklahoma is a permitless carry state. However, permits are still available and recognised in multiple states across the nation.
You must be able to legally purchase and possess a firearm. This includes passing a background check and meeting certain requirements, such as completing a firearms course.
Yes, there are restrictions on the calibre of the firearm. For example, owning or possessing a short-barrelled shotgun or rifle is illegal unless it is registered under the National Firearms Act.
