It appears that open carry is legal under the Bill of Rights of the Oklahoma Constitution and the Oklahoma Self-Defense Act, but not exercised by citizens and therefore a right lost. Law enforcement just assumes it to be illegal and agree anyone caught openly carrying is going to jail, but none could cite what they would be charged with. I've called multiple police departments, the OSBI, multiple district attorneys all over the state, even the Oklahoma Attorney General's office to ask what law a person violates for openly carrying a pistol and they mostly agreed it was strictly illegal, but no one could cite ANY law.
Let me refer to section 1289.6, paragraph six of the Oklahoma Self-Defense Act as the basis for what I believe.
Title 21, Section 1289.6 "CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED" in the Oklahoma Self-Defense Act says, "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:
Item 6. For FOR ANY LEGITIMATE PURPOSE not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title or any legislative enactment regarding the use, ownership and control of firearms."
Section 1272 "UNLAWFUL CARRY", which says;
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
Exception number 2 of section 1272 says "The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act" leads me right back to section 1289.6, paragraph 6 which allows open carry of a pistol, WITHOUT a license for ANY LEGITIMATE PURPOSE. The only legitimate purpose besides the previous 5 paragraphs I can possibly think of is for the purpose of self-defense, but nowhere is "any legitimate purpose" defined, but how do you need to define ANY legitimate purpose? Obviously, using a firearm to hold up a 7-11 isn't any legitimate purpose and any reasonable person is likely to say carrying a firearm for self-defense IS 'any legitimate purpose'.
Section 26 of the Bill of Rights to the Constitution of the State of Oklahoma says, "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall NEVER be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons."
The Oklahoma Self-Defense Act clearly states that any person who is not prohibited from legally owning a firearm is also permitted to openly carry a loaded pistol anywhere they want, except for a motor vehicle, or a prohibited place.
Have we had legal open carry in the State of Oklahoma since statehood and only lost it from the time between 1971 and the passage of the Oklahoma Self-Defense Act? What law (if any) exists today that prevents unlicensed open carry anywhere the lawful Oklahoman wants, except for prohibited personnel and activities, as defined in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17?
Has our failure as Oklahomans to exercise our right to openly carry helped a law that doesn't exist, become an imaginary law?
Let me refer to section 1289.6, paragraph six of the Oklahoma Self-Defense Act as the basis for what I believe.
Title 21, Section 1289.6 "CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED" in the Oklahoma Self-Defense Act says, "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:
Item 6. For FOR ANY LEGITIMATE PURPOSE not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title or any legislative enactment regarding the use, ownership and control of firearms."
Section 1272 "UNLAWFUL CARRY", which says;
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
Exception number 2 of section 1272 says "The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act" leads me right back to section 1289.6, paragraph 6 which allows open carry of a pistol, WITHOUT a license for ANY LEGITIMATE PURPOSE. The only legitimate purpose besides the previous 5 paragraphs I can possibly think of is for the purpose of self-defense, but nowhere is "any legitimate purpose" defined, but how do you need to define ANY legitimate purpose? Obviously, using a firearm to hold up a 7-11 isn't any legitimate purpose and any reasonable person is likely to say carrying a firearm for self-defense IS 'any legitimate purpose'.
Section 26 of the Bill of Rights to the Constitution of the State of Oklahoma says, "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall NEVER be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons."
The Oklahoma Self-Defense Act clearly states that any person who is not prohibited from legally owning a firearm is also permitted to openly carry a loaded pistol anywhere they want, except for a motor vehicle, or a prohibited place.
Have we had legal open carry in the State of Oklahoma since statehood and only lost it from the time between 1971 and the passage of the Oklahoma Self-Defense Act? What law (if any) exists today that prevents unlicensed open carry anywhere the lawful Oklahoman wants, except for prohibited personnel and activities, as defined in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17?
Has our failure as Oklahomans to exercise our right to openly carry helped a law that doesn't exist, become an imaginary law?
