Oklahoma's Constitutional Carry Law: Effective Date And Details

Oklahoma's constitutional carry law went into effect on November 1, 2019. The law allows anyone over the age of 21, or 18 and a member of the military, to carry a firearm openly or concealed without a license.

Who can carry guns in Oklahoma?

In 2019, Oklahoma became a constitutional carry state, meaning anyone over the age of 21 can carry a gun in public without a permit, providing they are legally allowed to own a firearm and are not carrying it in furtherance of a crime. The minimum age to carry drops to 18 for members or veterans of the US Armed Forces, Reserves or National Guard.

Oklahoma also has a separate law that allows people to openly carry both loaded and unloaded shotguns, rifles, and handguns without a license if they are defending themselves on private property, participating or preparing for a military or police function, or practicing for or performing in entertainment.

However, there are restrictions on who can carry a gun in Oklahoma. You cannot carry a firearm in the state if you have been convicted of a felony or any of the following criminal offenses:

• Aggravated assault and battery
• Violating a domestic violence protection order
• Illegal drug possession or use

Undocumented immigrants are also banned from carrying handguns and dangerous firearms in Oklahoma.

Where is it illegal to carry a gun in Oklahoma?

In Oklahoma, it is illegal to carry a gun in the following places:

• Any structure, building, or office space owned or leased by a city, town, county, state, or federal government authority for the purpose of conducting business with the public.
• Any courthouse, courtroom, prison, jail, detention facility, or any facility used to process, hold, or house arrested persons, prisoners, or persons alleged delinquent or adjudicated delinquent.
• Any 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.
• Any 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.

Additionally, there are some places where carrying a concealed or unconcealed handgun is prohibited, including:

• Any college, university, or technology center school property, except for designated parking areas and other specific exceptions.
• Any business where low-point beer or alcoholic beverages are consumed, unless the person is a peace officer, private investigator with a firearms authorization, or has a valid Oklahoma carry license.
• Any jail or state penal institution, or other place where prisoners are located, without proper authorization.
• Any boat or other water transportation device, unless the person has a valid Oklahoma carry license or is in compliance with state law.

Furthermore, it is illegal to carry a firearm while under the influence of alcohol, hallucinogenic drugs, or any unlawful or unprescribed drugs.

It is also worth noting that Oklahoma law preserves the right of a "person, property owner, tenant, employer, place of worship, or business entity" to control the possession of weapons on their property, with certain exceptions.

What are the penalties for carrying a gun in prohibited places?

In Oklahoma, carrying a firearm in prohibited places is a misdemeanor punishable by a $250 fine. However, the penalty for carrying a firearm in a bar or drinking establishment is more severe. Carrying a weapon in a bar or drinking establishment is a felony, punishable by 1 to 2 years in prison.

The state also prohibits carrying a firearm in certain other places, including:

• Government buildings
• Jails, prisons, or detention facilities
• Public or private schools
• Sports arenas hosting professional sporting events
• Places where pari-mutuel betting is allowed

In addition, carrying a firearm with the unlawful intent to injure someone is a felony punishable by up to 2 years in prison and a fine of up to $5,000. Pointing a loaded or unloaded firearm at another person is also illegal and is classified as a misdemeanor, punishable by a minimum of 3 months in county jail and a fine of up to $1,000.

Carrying a firearm while under the influence of alcohol, illegal drugs, or prescription drugs that affect mental, emotional, or physical processes is also illegal and is classified as a misdemeanor, punishable by a fine of $50 to $500 and a jail term of 10 days to 6 months.

What are the requirements for obtaining a gun license in Oklahoma?

Oklahoma is a "shall-issue" state, meaning that gun licenses are granted to applicants who meet the criteria. Licenses are processed at the county level by the local sheriff's office.

To obtain a gun license in Oklahoma, you must meet the following requirements:

• Be a US citizen or a lawful permanent resident.
• Be a resident of Oklahoma.
• Be at least 21 years old (or at least 18 years old if you are a member or veteran of the US military).
• Have completed a firearms safety and training course from a certified instructor or obtain an exemption.
• Not have any felony convictions or outstanding felony warrants.
• Not be adjudicated as mentally incompetent or currently undergoing treatment for mental illness.
• Not have a history of suicide attempts or other indications of mental instability within the last 10 years.
• Not have a history of substance abuse or be under the influence of alcohol or drugs.
• Not have any convictions for assault, domestic abuse, violation of a protection order, or illegal drug use.
• Not have multiple convictions for public intoxication or driving under the influence in the last 3 years.
• Not have a significant criminal record indicating habitual criminal activity.
• Meet all other federal law requirements for gun ownership.

The application process typically involves submitting an application, undergoing a background check, and providing proof of firearms training and competency. The application fee is non-refundable, and the license is valid for 5 or 10 years.

What are the gun laws in Oklahoma for non-residents?

Gun Laws in Oklahoma for Non-Residents

Oklahoma is a "shall-issue" state, meaning that it will issue a concealed carry permit to anyone who meets the qualifications. However, non-residents are only eligible for a concealed carry permit if they are members of the military stationed in Oklahoma or the spouse of a member of the military stationed in Oklahoma.

Oklahoma has a "permitless carry" law, which allows anyone over the age of 21 to carry a firearm without a permit, as long as they are legally allowed to own a firearm and are not carrying it in furtherance of a crime. The minimum age to carry without a permit is lowered to 18 for members or veterans of the US military.

Regardless of whether they have a permit, there are several places where people are not allowed to carry firearms in Oklahoma. These include:

• Any structure, building, or office space owned or leased by a government authority for the purpose of conducting business with the public
• Any courthouse, courtroom, prison, jail, or detention facility
• Any public or private elementary or secondary school
• Any publicly-owned or operated sports arena or venue during a professional sporting event (unless allowed by the event holder)
• Any place where gambling is authorised by law (unless allowed by the property owner)

Additionally, it is illegal to carry a firearm while under the influence of alcohol or drugs, or to carry a firearm into a business that serves alcohol, unless you have a permit and the sale of alcohol is not the primary purpose of the business.

Oklahoma is a "stand your ground" state, meaning that a person has no duty to retreat and has the right to meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm to themselves or another, or to prevent the commission of a forcible felony.

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