Courtesy of the Oklahoma Open Carry Association. For more information, visit http://okoca.org
First post to avoid formatting problems...see next post.
First post to avoid formatting problems...see next post.
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Everything you ever wanted to know about the open carry law in Oklahoma...
- Thread starter okiebryan
- Start Date
Q&A about SB1733 - Open Carry in Oklahoma
Disclaimer: NONE OF THIS GOES INTO EFFECT UNTIL NOV 1, 2012. RELY ON EXISTING LAW AS FOUND IN O.S. TITLE 21 BEFORE NOVEMBER 1, 2012. We are not attorneys. (And we didn't stay at a Holiday Inn last night) This information is provided only for informational purposes, and people who use this information are strongly encouraged to read applicable Oklahoma statutes, and to consult a practicing attorney with any questions. We are not responsible for any errors or omissions that may be contained herein (but it'd be great if you point them out, K?) All state statutes referenced herein can be found in O.S. Title 21. Words which are in "quotation marks" are directly copied from the referenced state statutes, but may incomplete or out of context. You are encouraged to look up and read the applicable statues yourself and draw your own conclusions before choosing to carry a handgun in Oklahoma.
1) Do I need a license to OC in Oklahoma? (Section 1290.8.A) In order to carry a handgun concealed or unconcealed in public, one will need to have a "Handgun License" from the OSBI, and valid state ID in their posession. (Section 1289.6.A.6) If you do not have a valid handgun license, you may openly carry on property that you own or legally control, but you may not conceal your handgun.
2) I have a license issued by another state, can I open carry in Oklahoma?
(Section 1290.26.) "Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed or concealed from detection and view."
3) I already have a "Concealed Weapon License" issued by OSBI. Do I need to get a different license to OC?
This is the same license (with the same requirements for background check and training) that was previously called a "Concealed Weapon License". Those who have a Concealed Weapons License may continue to carry openly or concealed until the expiration of their current license, and will receive a "Handgun License" upon renewal.
4) What type of handgun can I carry?
(Section 1290.2.C) Any derringer, revolver or semiautomatic firearm which has an overall length of less than sixteen (16) inches, is designed to be held and fired with one hand, is capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, which uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile, AND (Section 1290.6) is .45 caliber or smaller.
5) How many handguns can I carry?
It is our opinion that Oklahoma statutes do not specify or limit the number of concealed or unconcealed handguns that a licensee may carry.
6) How may I carry my handgun? (Section 1290.2.A.1 and 2) You may carry a loaded or unloaded pistol EITHER:
A) carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger, (concealed carry)
OR
B)carried upon the person in a belt or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible. (open carry)
7) Can I be charged for disorderly conduct if someone is frightened or offended by my open carry of a handgun?
(Section 1289.24.A.3) As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.
8) Is a police officer allowed to check the serial number on my handgun to see if it is stolen or check to see if my handgun is safe or not?
(Section 1290.8.E) "Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed."
9) Am I required to provide identification if I am stopped by a police officer? Can they take my handgun for "officer safety"?
(Section 1290.8.B) "The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand."
10) Am I required to notify a law enforcement officer that I am carrying a handgun?
Yes, when you are the subject of an arrest, detention, or traffic stop. (Section 1290.8.C)"It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. Said identification to the law enforcement officer shall be made at the first opportunity."
11) What about city ordinances that may ban open carry?
(Section 1289.24 A.1.) "Oklahoma has complete state preemption over laws and ordinances "touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void."
"A municipality may only adopt an ordinance:
a. relating to the discharge of firearms within the jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of O.S. title 21."
Continued on nest post.....
Disclaimer: NONE OF THIS GOES INTO EFFECT UNTIL NOV 1, 2012. RELY ON EXISTING LAW AS FOUND IN O.S. TITLE 21 BEFORE NOVEMBER 1, 2012. We are not attorneys. (And we didn't stay at a Holiday Inn last night) This information is provided only for informational purposes, and people who use this information are strongly encouraged to read applicable Oklahoma statutes, and to consult a practicing attorney with any questions. We are not responsible for any errors or omissions that may be contained herein (but it'd be great if you point them out, K?) All state statutes referenced herein can be found in O.S. Title 21. Words which are in "quotation marks" are directly copied from the referenced state statutes, but may incomplete or out of context. You are encouraged to look up and read the applicable statues yourself and draw your own conclusions before choosing to carry a handgun in Oklahoma.
1) Do I need a license to OC in Oklahoma? (Section 1290.8.A) In order to carry a handgun concealed or unconcealed in public, one will need to have a "Handgun License" from the OSBI, and valid state ID in their posession. (Section 1289.6.A.6) If you do not have a valid handgun license, you may openly carry on property that you own or legally control, but you may not conceal your handgun.
2) I have a license issued by another state, can I open carry in Oklahoma?
(Section 1290.26.) "Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed or concealed from detection and view."
3) I already have a "Concealed Weapon License" issued by OSBI. Do I need to get a different license to OC?
This is the same license (with the same requirements for background check and training) that was previously called a "Concealed Weapon License". Those who have a Concealed Weapons License may continue to carry openly or concealed until the expiration of their current license, and will receive a "Handgun License" upon renewal.
4) What type of handgun can I carry?
(Section 1290.2.C) Any derringer, revolver or semiautomatic firearm which has an overall length of less than sixteen (16) inches, is designed to be held and fired with one hand, is capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, which uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile, AND (Section 1290.6) is .45 caliber or smaller.
5) How many handguns can I carry?
It is our opinion that Oklahoma statutes do not specify or limit the number of concealed or unconcealed handguns that a licensee may carry.
6) How may I carry my handgun? (Section 1290.2.A.1 and 2) You may carry a loaded or unloaded pistol EITHER:
A) carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger, (concealed carry)
OR
B)carried upon the person in a belt or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible. (open carry)
7) Can I be charged for disorderly conduct if someone is frightened or offended by my open carry of a handgun?
(Section 1289.24.A.3) As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.
8) Is a police officer allowed to check the serial number on my handgun to see if it is stolen or check to see if my handgun is safe or not?
(Section 1290.8.E) "Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed."
9) Am I required to provide identification if I am stopped by a police officer? Can they take my handgun for "officer safety"?
(Section 1290.8.B) "The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand."
10) Am I required to notify a law enforcement officer that I am carrying a handgun?
Yes, when you are the subject of an arrest, detention, or traffic stop. (Section 1290.8.C)"It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. Said identification to the law enforcement officer shall be made at the first opportunity."
11) What about city ordinances that may ban open carry?
(Section 1289.24 A.1.) "Oklahoma has complete state preemption over laws and ordinances "touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void."
"A municipality may only adopt an ordinance:
a. relating to the discharge of firearms within the jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of O.S. title 21."
Continued on nest post.....
PART TWO....
12) What are the places that are prohibited to carry a handgun?
It is HIGHLY recommended that you look up and read this section yourself. (Section 1277.A)
"1. Any structure, building, or 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;"
"2. Any meeting of any city, town, county, state or federal officials, school board members, legislative members, or any other elected or appointed officials;"
"3. Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent;"
"4. Any elementary or secondary school;" (Section 1280.1.)to include school bus and school vehicles used to transport students or teachers; (Section 1280.1.C.1) Exception for dropping off students at school, must not leave vehicle unattended."
"5. Any sports arena during a professional sporting event;"
"6. Any place where pari-mutuel wagering is authorized by law"
7. (Section 1272.1.) "It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer... or alcoholic beverages... are consumed....this shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing a valid handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, ... may carry the concealed or unconcealed handgun into any 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."
8. (Section 1277.1.B) "into or upon any college, university, or technology center school property." Exception: Written consent of the college or university president or technology center school administrator, provided the written consent is carried with the handgun and the valid handgun license while on college, university, or technology center school property."
"For purposes of this subsection, the following property shall not be construed as prohibited for persons having a valid handgun license: Any property set aside for the use or parking of any vehicle, whether attended or unattended, provided the handgun is carried or stored as required by law and the handgun is not removed from the vehicle... ...while the vehicle is on any college, university, or technology center school property;"
13) What about parking lots at prohibited places?
(Section 1277) "For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority;
2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by any entity offering any professional sporting event which is open to the public for admission, or by any entity engaged in pari-mutuel wagering authorized by law;
3. Any property adjacent to a structure, building, or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section; and
14)What about parks?
(Section 1277) 4. "Any property designated by a city, town, county, or state, governmental authority as a park, recreational area, or fairgrounds; provided, nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed or unconcealed handgun into any structure, building, or office space which is specifically prohibited by the provisions of subsection A of this section."
15) What about business with signs indicating they are gun free zones?
(Section 1290.22.A) "Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity." There is no penalty specified in law for carrying into a gun free zone (provided it's not on the prohibited places list), but one could be subjected to a charge for trespassing. Generally, trespassing charges require one to be asked to leave before they can be charged. There has been debate over this issue. We recommend avoiding businesses that post signs indicating that they don't want legal carriers, and patronizing other establishments that value the business of law abiding gun owners.
16) Can my employer or a business prohibit my handgun from being stored in my car?
(Section 1290.22.B) "No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.
(Section 1289.7.A) "No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transporting and storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle."
17) Is it legal to record interactions with the police and/or other people? Yes, so long as you are a party to the conversation. This applies to face to face communication, as well as telephone calls. (O.S. §13-176.4.) "It is not unlawful pursuant to the Security of Communications Act for:
5. a person not acting under color of law to intercept a wire, oral or electronic communication when such person is a party to the communication or when one of the parties to the communication has given prior consent to such interception unless the communication is intercepted for the purpose of committing any criminal act."
12) What are the places that are prohibited to carry a handgun?
It is HIGHLY recommended that you look up and read this section yourself. (Section 1277.A)
"1. Any structure, building, or 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;"
"2. Any meeting of any city, town, county, state or federal officials, school board members, legislative members, or any other elected or appointed officials;"
"3. Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent;"
"4. Any elementary or secondary school;" (Section 1280.1.)to include school bus and school vehicles used to transport students or teachers; (Section 1280.1.C.1) Exception for dropping off students at school, must not leave vehicle unattended."
"5. Any sports arena during a professional sporting event;"
"6. Any place where pari-mutuel wagering is authorized by law"
7. (Section 1272.1.) "It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer... or alcoholic beverages... are consumed....this shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing a valid handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, ... may carry the concealed or unconcealed handgun into any 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."
8. (Section 1277.1.B) "into or upon any college, university, or technology center school property." Exception: Written consent of the college or university president or technology center school administrator, provided the written consent is carried with the handgun and the valid handgun license while on college, university, or technology center school property."
"For purposes of this subsection, the following property shall not be construed as prohibited for persons having a valid handgun license: Any property set aside for the use or parking of any vehicle, whether attended or unattended, provided the handgun is carried or stored as required by law and the handgun is not removed from the vehicle... ...while the vehicle is on any college, university, or technology center school property;"
13) What about parking lots at prohibited places?
(Section 1277) "For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority;
2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by any entity offering any professional sporting event which is open to the public for admission, or by any entity engaged in pari-mutuel wagering authorized by law;
3. Any property adjacent to a structure, building, or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section; and
14)What about parks?
(Section 1277) 4. "Any property designated by a city, town, county, or state, governmental authority as a park, recreational area, or fairgrounds; provided, nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed or unconcealed handgun into any structure, building, or office space which is specifically prohibited by the provisions of subsection A of this section."
15) What about business with signs indicating they are gun free zones?
(Section 1290.22.A) "Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity." There is no penalty specified in law for carrying into a gun free zone (provided it's not on the prohibited places list), but one could be subjected to a charge for trespassing. Generally, trespassing charges require one to be asked to leave before they can be charged. There has been debate over this issue. We recommend avoiding businesses that post signs indicating that they don't want legal carriers, and patronizing other establishments that value the business of law abiding gun owners.
16) Can my employer or a business prohibit my handgun from being stored in my car?
(Section 1290.22.B) "No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.
(Section 1289.7.A) "No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transporting and storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle."
17) Is it legal to record interactions with the police and/or other people? Yes, so long as you are a party to the conversation. This applies to face to face communication, as well as telephone calls. (O.S. §13-176.4.) "It is not unlawful pursuant to the Security of Communications Act for:
5. a person not acting under color of law to intercept a wire, oral or electronic communication when such person is a party to the communication or when one of the parties to the communication has given prior consent to such interception unless the communication is intercepted for the purpose of committing any criminal act."
Thank you! Great info!
good info for sure.
One side note for clarification- open carrying without a permit on your property will also include rifles & shotguns.
TITLE 21 § 1289.6 CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED
A. A person shall be permitted to carry loaded or unloaded shotguns, rifles and pistols, open and not concealed, and without a handgun license as authorized by the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, pursuant to the following conditions...
6. For lawful self defense and self protection or any other legitimate purpose in or on the prorperty that is owned, leased or rented or otherwise legally controlled by the person;
TITLE 21 § 1289.6 CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED
A. A person shall be permitted to carry loaded or unloaded shotguns, rifles and pistols, open and not concealed, and without a handgun license as authorized by the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, pursuant to the following conditions...
6. For lawful self defense and self protection or any other legitimate purpose in or on the prorperty that is owned, leased or rented or otherwise legally controlled by the person;
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