Oklahoma Gun Laws

Oklahoma is known for its strong support of gun rights, with laws that are very permissive regarding the ownership and carrying of firearms. Whether you’re an Oklahoma resident or planning to visit, it’s important to understand the state’s regulations to ensure you’re complying with the law. This guide covers Oklahoma’s gun laws, including open and concealed carry, purchasing firearms, restricted locations, and more.

Oklahoma Gun Lawyers

Oklahoma Gun Laws Overview

Open Carry in Oklahoma

Oklahoma is an open carry state. Anyone who is legally allowed to possess a firearm can openly carry a handgun without a permit. You can openly carry a handgun in public as long as you are at least 21 years old (or 18 if in the military or honorably discharged) and not prohibited by state or federal law from possessing a firearm.

Constitutional Carry in Oklahoma

Oklahoma has adopted constitutional carry, which allows individuals to carry a concealed firearm without a permit. This law, effective as of November 1, 2019, applies to both residents and non-residents who are at least 21 years old or 18 if they are in the military or have been honorably discharged. Constitutional carry means that no permit is required to carry a firearm, whether concealed or openly.

Who Can Legally Own a Firearm in Oklahoma?

To legally own or possess a firearm in Oklahoma, you must:

  • Be at least 18 years old to possess a long gun (rifle or shotgun).
  • Be at least 21 years old to possess a handgun (18 for military personnel).
  • Not have been convicted of a felony.
  • Not be a fugitive, addicted to drugs or alcohol, or mentally incompetent.
  • Not be subject to a domestic violence restraining order or have been convicted of domestic violence.

Purchasing a Firearm in Oklahoma

Oklahoma does not require a permit to purchase firearms, and there is no waiting period. However, purchases from licensed dealers must go through a federal background check, as required by federal law.

Handgun and Long Gun Purchases

  • Licensed Dealer Sales: All firearm purchases from licensed dealers require a background check through the National Instant Criminal Background Check System (NICS).
  • Private Sales: Private sales of firearms between individuals do not require a background check in Oklahoma. However, it is illegal to sell a firearm to someone you know or have reason to believe is prohibited from owning one.

Concealed Carry Permits in Oklahoma

Even though Oklahoma is a permitless carry state, individuals may still choose to obtain a concealed carry license (also known as a Self-Defense Act license) for reciprocity reasons when traveling to other states that require a permit.

How to Obtain an Oklahoma Concealed Carry License:

  1. Be at least 21 years old (or 18 if military).
  2. Complete a state-approved firearms safety course.
  3. Submit your application to the Oklahoma State Bureau of Investigation (OSBI).
  4. Pass a background check and pay the required fees (typically around $100-$200 depending on the length of the permit).
  5. Wait for approval. Processing times vary, but the permit is typically issued within 60-90 days.

Oklahoma offers both a five-year and a ten-year concealed carry permit.

Where Can You Carry a Gun in Oklahoma?

While Oklahoma allows constitutional carry, there are specific locations where firearms are prohibited, whether openly or concealed. It is important to know these restrictions to avoid legal trouble.

  • Schools: Firearms are prohibited on public and private K-12 school property, including school events, except for law enforcement officers.
  • Government Buildings: Most government buildings, including courthouses, police stations, and offices, prohibit firearms. There will typically be signs posted in these locations.
  • Colleges and Universities: Firearms are generally prohibited on college campuses, but some institutions may allow carry by individuals with a concealed carry permit if authorized by the institution.
  • Private Property: Private property owners have the right to ban firearms on their premises. Signs must be clearly posted, and failure to comply can result in trespassing charges.
  • Bars and Restaurants: Carrying a firearm in an establishment that primarily serves alcohol is prohibited unless you have a concealed carry license and the establishment does not have posted signs banning firearms.

Oklahoma’s Stand Your Ground and Castle Doctrine Laws

Oklahoma has both Stand Your Ground and Castle Doctrine laws that provide legal protections for individuals who use force in self-defense situations.

Stand Your Ground

Oklahoma’s Stand Your Ground law allows individuals to use deadly force in self-defense without the duty to retreat, as long as they are in a place they have the right to be and are not the aggressor. This law applies to public spaces.

Castle Doctrine

Under Oklahoma’s Castle Doctrine, individuals have the right to use deadly force to defend themselves in their home, vehicle, or business. The law assumes that if an intruder unlawfully enters one of these spaces, you have a reasonable fear of harm and can use deadly force without retreating.

Restrictions on Firearms in Oklahoma

While Oklahoma’s gun laws are permissive, certain restrictions apply to specific individuals and types of firearms:

  • Convicted Felons: Felons cannot own or possess firearms unless their rights have been restored.
  • Domestic Violence Offenders: Individuals convicted of domestic violence or subject to a protective order are prohibited from owning firearms.
  • Mentally Ill Individuals: Those deemed mentally incompetent by a court are prohibited from owning firearms.
  • NFA Firearms: Fully automatic weapons, short-barreled rifles, and suppressors are allowed in Oklahoma, but they must comply with federal law, including proper registration and obtaining the necessary tax stamps from the ATF.

Reciprocity with Other States

Oklahoma honors concealed carry permits from all states, making it a very reciprocity-friendly state. In return, many other states recognize Oklahoma’s concealed carry licenses. However, it’s important to check the specific laws of the state you are visiting to ensure you comply with their regulations.

Penalties for Violating Gun Laws in Oklahoma

Violating Oklahoma’s gun laws can result in severe penalties, including fines, imprisonment, and the loss of gun rights. Some common violations include:

  • Carrying a Firearm in a Prohibited Area: Carrying a firearm in places such as schools, government buildings, or bars can result in criminal charges and fines.
  • Possession by a Prohibited Person: Individuals who are prohibited from owning firearms, such as felons or domestic violence offenders, face felony charges for possession of a firearm.
  • Selling to a Prohibited Person: It is illegal to knowingly sell or transfer a firearm to someone who is prohibited from owning one, which can result in criminal charges.

Conclusion: Understanding Oklahoma Gun Laws

Oklahoma’s gun laws provide significant freedoms for gun owners, especially with constitutional carry in effect. However, it is crucial to be aware of the laws regarding where you can carry a firearm and who can legally own one.

Even though permits are no longer required for carrying concealed firearms, obtaining an Oklahoma Self-Defense Act license can be beneficial for those who frequently travel out of state. Understanding both state and federal firearm laws will help you exercise your Second Amendment rights safely and legally.

FAQs About Gun Laws in Oklahoma

1. Is open carry legal in Oklahoma?
Yes, open carry is legal in Oklahoma without a permit for individuals who are at least 21 years old (or 18 for military personnel).

2. Do I need a permit to carry a concealed handgun in Oklahoma?
No, as of November 1, 2019, Oklahoma does not require a permit for concealed carry. However, you can still obtain a concealed carry license for reciprocity purposes.

3. Can I carry a firearm in my vehicle in Oklahoma?
Yes, you can carry a firearm in your vehicle without a permit under Oklahoma’s constitutional carry laws. The firearm can be loaded and within reach, as long as you are legally allowed to possess a firearm.

4. Are background checks required for private firearm sales in Oklahoma?
No, Oklahoma does not require background checks for private sales of firearms between individuals. However, it is illegal to sell a firearm to someone you know is prohibited from owning one.

5. What happens if I carry a firearm in a prohibited location?
Carrying a firearm in restricted locations, such as schools or government buildings, can result in criminal charges, fines, and possible imprisonment.