Attorney Angela Singleton - Oklahoma City Criminal Defense

What Disqualifies You from Owning a Gun in Oklahoma?

Oklahoma gun laws state anyone who has a felony conviction in the United States is unable to lawfully own a gun unless they’ve been given a full and complete pardon. Additionally, anyone who is serving a term of probation for any felony is also unable to own a gun. This includes people that are on probation for charges that did not result in a criminal conviction.

Also, someone who was adjudicated as a juvenile for an offense that would have been a felony had they been an adult is not allowed to have a gun within 10 years of that adjudication.

Finally, anyone who has a conviction for a crime involving domestic violence, including a misdemeanor conviction, is unable to own a gun. This includes anyone who is serving probation for a domestic violence charge, even if it’s a misdemeanor or if it’s a term of probation that doesn’t result in a conviction. That individual cannot possess a firearm while they’re serving that probation.

Prior to November 1, 2019, Oklahoma state law makes the state a Shall Issue state, meaning that gun owners need to receive a permit from the state as well as take part in a gun training course in order to carry most types of guns. This type of weapons permit is only necessary for handguns. Residents are allowed to own long guns—rifles and shotguns—without a permit.

On November 1, 2019, Oklahoma becomes a Constitutional Carry state. This type of carry law means that no specific training or permit will be required to carry a handgun within Oklahoma as long as you are not prohibited from owning a gun by any other state or federal laws. Still, even under this new law, you will need to obtain a permit in most cases if you wish to carry a gun with you during any type of interstate travel.

It is also worth noting that in Oklahoma there is what is known as state preemption of local laws. This basically means that counties, towns, and other municipalities within the state cannot enforce laws that contradict state laws.

What Is the Difference Between Concealed Carry and Open Carry?

A concealed carry is when you carry a gun on your person or in your vehicle, in a manner that is not visible to any passerby. Open carry is carrying a weapon in a place that is apparent to anyone. Typically, you see this with people openly carrying their weapon in a holster on their belt.

What Are the Requirements to Legally Open Carry a Weapon in Oklahoma?

There are certain events in which you are legally allowed to carry a firearm without a license. One common exception is if you’re hunting. However, if you legally carry a loaded firearm, a loaded handgun concealed or opened, you have to have a license authorized under the Oklahoma Self-Defense Act. To be eligible for this license, you have to be a US citizen, you have to be a resident of Oklahoma, you have to be at least 21 years of age, and unless there’s some sort of exemption, you have to complete a safety or training course. You also have to legally be able to possess a firearm in the first place. No one who was convicted of a felony, or otherwise precluded from owning a firearm, to begin with, can carry a weapon openly.

After November 1, 2019, when Oklahoma’s gun control laws are relaxed somewhat, residents will be able to carry weapons openly without such a permit.

What Kinds of Guns Are Allowable?

The Oklahoma Self-Defense Act allows you to obtain a license to carry a handgun. You cannot carry any illegal imitation or homemade pistol. There are also restrictions on the type of ammunition that you can carry.

Residents are also allowed to carry long guns such as shotguns and rifles without a permit.

Where Can Someone Legally Carry A Gun in Oklahoma?

You can legally carry a gun anywhere that is not excluded by law. You can’t carry it into a private establishment or a business that indicates that they do not want weapons in their establishment.

What Places Generally Prohibit People from Carrying A Handgun?

Even if you have a permit to carry the gun, you cannot carry a weapon to any place where alcohol is consumed. However, if you are the owner of the establishment, you can have a firearm for protection as long as you’re not consuming alcohol while you have that weapon with you.

You are also not allowed to carry a firearm, regardless of your license, into any city, county, state, or federal building. You can’t take a firearm in any courthouse, courtroom, prison, jail, or detention facility. You can’t carry it into a public sporting venue, during a professional sporting event, unless allowed by the event holder and you cannot carry it into any place where gambling is allowed.

Possession of firearms on school grounds is also illegal unless the school board or the governing body of the private institution establishes a policy for permitted people to carry inside the school.

Can You Carry a Gun in Your Car in Oklahoma? 

You are allowed to keep a loaded handgun concealed in your vehicle if you have that license. With a regular license, it is allowed to carry a loaded weapon in a motor vehicle as long as it is in plain sight. Anyone who is not a convicted felon, even without a permit, may carry an unloaded weapon in plain sight in a vehicle.

Regardless of whether you have a permit or if the weapon is loaded or not, you are required to tell police officers that you are in possession of a firearm at the first possible opportunity to do so.

How Should A Gun Carrier Deal with a Law Enforcement Officer?

Anyone that’s licensed to carry a handgun is required to have that license with him or her at all time and to present that license on the demand of any law enforcement officer. My advice would be not to wait for that demand. If you are stopped for a traffic violation, tell the officer immediately that you have a license to carry a handgun, and that you do have a loaded weapon in your car. Do not reach for the weapon, do not reach for your license or anything else until the officer tells you what to do.

Buying a Gun in Oklahoma With Out of State License

Under the Shall Issue laws, the only non-residents who are eligible to apply for a gun license in Oklahoma are military personnel currently stationed within the state.

Under the Constitutional Carry law, any non-resident who is legally able to carry a firearm in their home state will also be allowed to carry a gun in Oklahoma.

Until the permitless carry law goes into effect, Oklahoma will honor gun licenses from the following states and territories (53 in all): Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, District of Columbia, New York City, Guam, Puerto Rico, and the Virgin Islands.

For more information on lawfully owning agun in Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 205-1210 today.