CARRYING 

 

It is unlawful for any person to carry a firearm upon or about his person, or in any container, except for peace officers in the performance of official duties, hunting, fishing, educational or recreational purposes or as otherwise permitted by statute.

A person is permitted to carry shotguns, rifles and pistols, open and not concealed, under the following circumstances: when hunting, during safety class, target shooting, or other recognized sporting events; for a military function of the government; for a recognized police function; for entertainment events; and for any legitimate purpose not in violation of the firearm laws.

A person is permitted to carry unloaded shotguns, rifles and pistols, open and not concealed, under the following conditions:

(1) when going to or from the person’s private residence or vehicle to a place designated for firearms repair, or for firearms trade, or hunting, or hunter safety course, or target shooting, or any recognized firearms activity or event and while in such places; or

(2) for any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 .

A person may transport in a motor vehicle a rifle, shotgun or pistol, open1 and unloaded at any time.

It is unlawful to possess a firearm in any establishment where alcoholic beverages are consumed. However, a person possessing a concealed handgun license may carry into any establishment where the sale of alcoholic beverages does not constitute the primary purpose of the business.

It is unlawful to carry a firearm for the purpose of unlawfully injuring another person.

It is unlawful to transport a loaded firearm in a landborne motor vehicle over a public road or highway. However, a rifle or shotgun may be transported with magazine loaded and chamber unloaded when in an exterior locked compartment or trunk of the vehicle.

It is unlawful to carry or use firearms while under the influence of: alcohol; any unprescribed drug; or any prescribed drug if such drug would result in abnormal behavior.

The State Bureau of Investigation is authorized to issue a license for concealed carry. The following are prerequisites for a concealed handgun license: U.S. citizenship; Oklahoma residency for 6 months; any military personnel with a valid Oklahoma driver license or state photo identification card who physically resides in this state for at least six months of each year; 23 years of age; firearms safety and use training, demonstration of competence and qualifications with the type of pistol to be carried, and submission of proof of training and qualification or an exemption for training and qualification; submission of required fee and completion of the application process; and compliance in good faith with the provisions of the Oklahoma Self-Defense Act. These same requirements apply for license renewal, except the training requirements shall not apply.

The following are disqualifications for a concealed handgun license: any felony conviction anywhere or adjudication as a delinquent in Oklahoma; adjudication as a mentally incompetent person; any false or misleading statement on the application for a handgun license; conviction of any of the following misdemeanor offenses in any state: assault and battery causing serious physical injury, aggravated assault and battery, second or subsequent assault and battery conviction, stalking, a violation relating to a protection from domestic abuse law, illegal drug use or possession; any attempted suicide or other condition relating to or indicating mental instability; currently undergoing treatment for a mental illness, significant character defects as evidenced by misdemeanor criminal record indicating habitual criminal activity; or ineligible to possess a pistol due to any provision of Oklahoma law or the United States Code.

The following are disqualifications for a period of three years: an arrest for an alleged commission of a felony or a felony charge pending; subject to the provisions of a deferred sentence or deferred prosecution for a felony offense; any involuntary commitment for a mental illness or condition; has undergone treatment for a mental illness, condition or disorder which required medication or supervision; inpatient treatment for substance abuse; two or more convictions of public intoxication; two or more misdemeanor convictions relating to intoxication or driving under the influence; court order for a victim protection order against the applicant (5 years from the date of the order if the order does not have an expiration date, or 3 years from the expiration date of the order); an adjudicated delinquent or convicted felon residing in the residence of the applicant which may be a violation of the law providing that such persons may not be given possession or control of any pistol ; an arrest for an alleged commission of, a charge pending for, or subject to the provisions of a deferred sentence or deferred prosecution for any one or more of the following misdemeanor offenses: any assault and battery which caused serious physical injury, any aggravated assault and battery, stalking, any violation of a protection from domestic abuse law , or any violation relating to illegal drug use or possession.

The State Bureau of Investigation will provide application packets. The application shall be made under oath and signed in person before the sheriff of the county where applicant resides. The non-refundable fee of $100.00, two passport size photographs, and the original certificate of training or exemption certificate shall also be submitted. If photographs are taken by the sheriff the costs of the photographs shall not exceed $10.00 for the two photos. Applicant must bring a valid photo ID. The sheriff shall take two complete sets of fingerprints of the applicant. The cost of the fingerprinting shall be paid by the applicant and shall not exceed $25.00.

There are three types of authorized pistols: derringer, revolver and semiautomatic. The licensee may carry concealed any make or model of the type(s) of pistol he is authorized to carry. Authorization for one or more type of pistol may be obtained by training and demonstration of competency, under an approved firearms instructor. Any applicant who trains with a semiautomatic may also be approved, upon request, for revolver and derringer. The training and qualification course shall be conducted so as to be completed within an eight-hour period. The fee for the course is not to exceed $60.00. Certain personnel in law enforcement, military, security and firearms instruction may be exempt from all or part of the required training process.

The license shall be valid for 4 years. It is prohibited to carry any concealed handgun of a caliber exceeding .45, or loaded with any ammunition which is a restricted bullet as defined by Oklahoma Statutes Title 21, Section 1289.19 (armor piercing). Whenever carrying a concealed handgun, the licensee must also carry the license and a valid Oklahoma driver’s license or other identification.

The State Bureau of Investigation shall act upon the application within 90 days. A denial shall be in writing, stating the grounds for the denial and informing the applicant of the right to appeal as may be provided by the provisions of the Oklahoma Administrative Procedures Act. Any administrative hearing on a denial which may be provided shall be conducted by a hearing examiner appointed by the Bureau. The hearing examiner’s decision shall be a final decision appealable to a district court in accordance with the Administrative Procedures Act.

If license is missing, lost, stolen, or destroyed, the licensee shall notify the State Bureau of Investigation within 30 days and will not have authority to carry a concealed handgun until license is replaced.

It is unlawful for a licensee to fail or refuse to inform a police officer that the licensee is in actual possession of a concealed handgun when the licensee first comes into contact with any law enforcement officer during the course of any arrest, detention or routine traffic stop.

It is unlawful for any person having a concealed handgun license to carry a concealed handgun into any: structure which is owned or leased by any governmental authority for the purpose of conducting business with the public; any meeting of any elected or appointed government officials; any facility used to hold or house prisoners, arrested persons, or persons alleged or adjudicated delinquent; any elementary, secondary, or vocational-technical school property; any sports arena during a professional sporting event; any place where pari-mutuel wagering is authorized by law; and any other place specifically prohibited by law. Except for any elementary, secondary, or vocational-technical school property, these prohibitions do not apply to parking lots.

Nothing contained in any provision of the Oklahoma Self-Defense Act shall be construed to authorize the registration of serial numbers with regard to any firearm.

It is unlawful for any person having a valid concealed handgun license to carry the handgun into or upon any college or university property, except on (1) any property set aside for the use of any vehicle, whether attended or unattended, if the handgun is carried or stored as required by law and is not removed from the vehicle without the consent of the college or university president; (2) property authorized for possession or use of handguns by college or university policy; or (3) property authorized by written consent of the president, if this consent is carried along with the license.

A valid concealed carry permit or license issued by another state to its residents shall be recognized provided the issuing state recognizes this state’s concealed handgun license and the firearm remains concealed and provided that upon coming into contact with a peace officer the person discloses possession of a concealed firearm.

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