Simone Lawson
On February 27, 2019, Oklahoma Governor Kevin Stitt signed constitutional carry into law, making it legal for any person over the age of 21 to carry a firearm, concealed or unconcealed, without a license. This law, which took effect on November 1, 2019, established Oklahoma as a permitless carry state, joining a number of other states with similar laws. The constitutional carry law in Oklahoma is a result of HB 2597, which allows anyone over the age of 18 and in the military, or over the age of 21, to carry a firearm without a license, as long as they are not disqualified from purchasing one. This law upholds the Second Amendment right to bear arms and is a reflection of Oklahoma's strong gun culture.
| Characteristics | Values |
|---|---|
| Constitutional carry in Oklahoma | Established by HB 2597, allowing the concealed or unconcealed carry of firearms by any person who is at least 21 years of age or at least 18 and in the military |
| Background checks | Required to purchase a gun, but not to carry one |
| Gun laws | Regulate the sale, possession, and use of firearms and ammunition |
| Gun culture | Strong, especially in the Southern and Western parts of the state |
| Open carry | Legal without a license for those 21+ (or 18+ and in the military) |
| Concealed carry | Legal without a license for those 21+ (or 18+ and in the military) |
| Handgun licenses | Issued by the Oklahoma State Bureau of Investigation, valid for 5 years, with an option to extend to 10 |
| Reciprocity | Recognizes all out-of-state handgun carry permits and permitless carry |
| Exceptions | Cannot carry in schools, government buildings, sports arenas, gambling facilities, and some private businesses |
| Self-Defense Act Licenses | Issued to residents, military personnel, and their spouses |
| Gun regulations | The legislature can regulate the carrying of weapons |
| Recent developments | Governor Kevin Stitt signed two important Second Amendment bills: Boat Carry and Constitutional Carry Cleanup |
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What You'll Learn
The Second Amendment and gun rights
The Second Amendment of the US Constitution protects the right to keep and bear arms. While this has been interpreted differently over the years, it remains a fundamental part of American law and culture, and is often a highly contested issue.
Oklahoma, in particular, has a strong gun culture and less-restrictive gun laws. In 2019, Governor Kevin Stitt signed House Bill 2597, also known as the "Constitutional Carry" bill, which allows for the concealed or unconcealed carry of firearms by any person over the age of 21, or 18 and in the military, provided they are not otherwise disqualified from purchasing a firearm. This bill upholds the Second Amendment right to bear arms, by removing the requirement for a license and background check to carry firearms in public.
The bill does maintain certain restrictions on carrying firearms, including in public and private schools, sports arenas, government buildings, and private businesses, unless allowed by the owner. Additionally, those with felony convictions are still prohibited from owning or purchasing firearms, and current law requires individuals to disclose guns in their possession when requested by a law enforcement officer.
Oklahoma is not alone in passing such legislation. Several other states, including Arizona, Nebraska, Utah, and South Carolina, have also enacted constitutional carry laws, allowing their residents to carry firearms without a permit. These laws vary in their specific provisions, such as age requirements and restrictions on carrying in certain locations, but they all generally expand the right to bear arms.
The passage of these bills reflects a strong support for the Second Amendment and gun rights in these states, and it is likely that we will continue to see similar legislation being proposed and enacted across the country.
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Open carry laws
Oklahoma has a strong gun culture and generally less-restrictive gun laws. In 2019, the state repealed its requirement for a license and background check to carry firearms in public. As a result, Oklahoma law now generally authorises any person aged 21 or older who is not disqualified from possessing firearms under state or federal law, to carry loaded firearms in most public spaces, including both concealed and openly carried firearms, provided they are not doing so in furtherance of a crime. Adults 21 or older can carry guns without a permit, as long as they have a legitimate purpose and aren't breaking any other laws. Active-duty military and veterans over the age of 18 can also carry a firearm in public without a license.
Oklahoma also has a separate law that allows people to openly carry both loaded and unloaded shotguns, rifles, and handguns without a license when a person is going to or from their private residence or vehicle, although the broader law regarding public carry applies in most public spaces as well. A person's weapon must be holstered or slung if it's not concealed.
There are, however, location restrictions on where firearms can be carried. For example, it is illegal to carry a firearm in schools, government buildings, and establishments where alcohol is served. Firearms are also prohibited in sports venues and any place where gambling is authorised, such as casinos. Additionally, Oklahoma law makes it illegal to carry or use guns while under the influence of alcohol, illegal drugs, or prescription drugs.
Oklahoma still issues handgun licenses for people who may wish to obtain them for carrying in other states, and the state recognises all out-of-state handgun carry permits, even if the issuing state does not recognise an Oklahoma carry permit.
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Concealed carry laws
Oklahoma has some of the least restrictive gun laws in the US, with a strong gun culture. The state's constitution upholds the right of citizens to keep and bear arms, stating:
> "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."
In 2019, Oklahoma repealed its requirement for a license and background check to carry firearms in public. This means that anyone over the age of 21 (or 18 and in the military) who can legally purchase and possess a firearm may carry a loaded firearm in public, openly or concealed, without a license. Those wishing to obtain a license for carrying a firearm in other states can still apply for one.
The Oklahoma State Bureau of Investigation (OSBI) issues handgun licenses to applicants who meet the minimum qualifications. The OSBI must issue a license or deny the application within 60 days of receiving the applicant's completed form and required information from the county sheriff. Handgun licenses are generally valid for five years, but applicants can opt to pay an additional fee to make their license valid for 10 years. Licenses can be renewed within 90 days of their expiration date for an $85 fee.
There are some location restrictions on carrying a firearm in Oklahoma. It is illegal to carry a firearm, openly or concealed, into a sports venue, casino, school, or government building. Firearms cannot be carried into establishments that primarily serve alcohol, but they can be carried into restaurants that serve alcohol as long as it is not the primary purpose of the business. Firearms are also prohibited in public or private colleges, public or private sports arenas, gambling facilities, and private businesses (unless allowed by the owner).
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Gun-free zones
In 2019, Oklahoma passed a law that allows individuals to carry firearms in public, openly or concealed, without a license, provided they are over the age of 21 and are not otherwise disqualified from purchasing a firearm. However, this law does not apply to certain designated gun-free zones.
There are several federally banned locations for carrying firearms, even with a permit. These include federal buildings, federal court facilities, and property belonging to the U.S. Postal Service. Additionally, federal laws restrict guns in or near schools that offer elementary or secondary education, with some states extending this restriction to colleges or other postsecondary schools. However, some states make exceptions for school employees, concealed carry license holders, or individuals with permission from school authorities.
Other examples of state-designated gun-free zones include bars and restaurants that serve alcohol, general access areas of airports, and places of worship. However, it is important to note that the effectiveness of gun-free zones in preventing mass shootings is debated, and there is a lack of comprehensive data on the variations across jurisdictions and time in the types of places or situations designated as gun-free zones.
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Gun training and safety courses
Oklahoma has passed constitutional carry, allowing the concealed or unconcealed carry of firearms by any person who is at least 21 years of age or at least 18 and in the military, provided they are not otherwise disqualified to purchase a firearm.
- Basic Handgun Safety and Shooting Fundamentals: This course is designed to introduce female shooters to the basics of handgun safety and operation, covering handling, maintenance, and marksmanship.
- Basic AR Rifle Fundamentals and Safety Class: This beginner-friendly class covers the essentials of AR rifle safety, handling, and operation.
- Oklahoma Hunter Education Course: This course is available online, as a 4-hour home study, or an 8-hour traditional course. It covers firearms safety, wildlife identification, wildlife conservation, survival, archery, muzzleloading, and hunter responsibility.
- Oklahoma Self-Defense Act (SDA) Safety Course: This 8-hour class is required to obtain a license to legally conceal or open carry a firearm for self-defense in Oklahoma. It covers training on Oklahoma Law, deadly force issues, safety, shooting fundamentals, handgun operation, and a live fire shooting portion.
- Training Class by H&H Shooting Sports: This training class mixes classroom presentation and live-fire exercises, emphasizing firearm safety, handling, and marksmanship. It is suitable for beginners, first-time shooters, and those looking to improve their safety and technique.
These courses provide individuals with the necessary training and education to safely handle and operate firearms, ensuring responsible gun ownership and meticulous firearm handling.
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Frequently asked questions
An individual must be at least 21 years of age to carry a firearm in Oklahoma. If they are in the military or an honorably discharged veteran, the minimum age is 18 years.
A background check is required if purchasing a firearm from a Federal Firearms Dealer. The Oklahoma State Bureau of Investigation (OSBI) must issue or deny a handgun license within 60 days of receiving the applicant's completed application and necessary information from the county sheriff.
Yes, there are several locations where carrying a firearm is prohibited, including public and private schools, sports arenas, government buildings, and establishments that primarily serve alcoholic beverages.
