Isabella Carter
The phrase constitutional carry refers to the freedom to carry a firearm, openly or
| Characteristics | Values |
|---|---|
| Constitutional carry | No state law prohibits citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner. Thus, no state permit is required. |
| Permitless carry | Oklahoma is a shall-issue, permitless carry state. No permit is needed to purchase a firearm from a private individual, and there is no waiting period or firearms registration in the state. |
| Open carry | Legal without a license for anyone 21 or older (or 18 for military members or veterans) who can legally own a firearm. |
| Concealed carry | Legal without a license for anyone 21 or older (or 18 for military members or veterans) who can legally own a firearm. |
| Background check | Required if purchasing a handgun from a Federal Firearms Dealer. |
| Handgun licensing | Oklahoma still issues handgun licenses for carrying in other states and for those who had their licenses revoked within the last five years. |
| Self-Defense Act Licenses | Issued to residents, military personnel, and their spouses stationed in Oklahoma. Applicants must be 21 or older, have completed a firearms course, and meet other criteria. |
| Reciprocity | Oklahoma recognizes permits issued by all other states and allows residents of other permitless carry states to carry within the state. |
| Castle Doctrine | Oklahoma is a Castle Doctrine state with a "stand your ground" statute. There is no duty to retreat, and citizens have the right to meet force with force, including deadly force, if reasonably believed to be necessary for self-defense. |
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What You'll Learn
Oklahoma's gun laws allow for permitless carry
Oklahoma's gun laws are some of the most permissive in the country, allowing for permitless carry. In 2019, Oklahoma repealed its requirement that people obtain a license and undergo a background check to carry firearms in public. As a result, Oklahoma law now generally authorises any person who may legally purchase and possess a firearm and who is at least 21 years of age to carry loaded firearms in public, openly or concealed, without a license. The only exception is for those with a history of certain misdemeanour offences, including assault and battery, aggravated assault and battery, and domestic abuse.
Oklahoma is a "shall-issue" state, which means that licenses are processed at the county level by the local sheriff's office. No permit is needed to purchase a firearm from a private individual, and there is no waiting period or firearms registration in the state. A background check is required if purchasing a handgun from a Federal Firearms Dealer. Open carry is legal without a license for anyone 21 or older (or 18 and in the military or an honourably discharged veteran) who can legally own a firearm. Some areas are off-limits, including public government buildings.
Oklahoma is also a Castle Doctrine state, which means it has a "stand your ground" statute. This means that a person has no duty to retreat and has the right to stand their ground and meet force with force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm to themselves or others.
The state's gun laws are underpinned by Article 2, Section 26 of the Oklahoma Constitution, which states that "the right of a citizen to keep and bear arms in defence of his home, person, or property...shall never be prohibited, but nothing herein contained shall prevent the legislature from regulating the carrying of weapons."
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The Second Amendment and the right to bear arms
The Second Amendment of the United States Constitution states:
> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The Second Amendment guarantees US citizens the right to keep and bear arms, and this has been a topic of considerable debate, with some believing that the Amendment creates an individual constitutional right to possess firearms. This is known as the "individual right theory". Under this interpretation, the US Constitution restricts legislative bodies from prohibiting firearm possession, or it at least renders prohibitory and restrictive regulation presumptively unconstitutional.
However, others argue that the "'well-regulated Militia' phrasing indicates that the Framers intended only to restrict Congress from legislating away a state's right to self-defence. This is known as the "collective rights theory", and citizens are not believed to have an individual right to possess guns. Instead, legislative bodies are thought to have the authority to regulate firearms without implicating a constitutional right.
In 2010, the Court further strengthened Second Amendment protections in McDonald v. City of Chicago, where the plaintiff challenged the constitutionality of the Chicago handgun ban, which prohibited handgun possession by almost all private citizens. The Court, citing the intentions of the framers and ratifiers of the Fourteenth Amendment, held that the Second Amendment applies to the states and that the right to keep and bear arms for the purpose of self-defence is fundamental.
In the state of Oklahoma, the Second Amendment is upheld by permitless carry laws. Oklahoma is a "shall-issue" state, and no permit or license is needed to purchase a firearm from a private individual. There is also no waiting period or firearms registration in the state. Open carry is legal without a license for anyone who can legally own a firearm and is at least 21 years old (or at least 18 years old for members or veterans of the US military). Oklahoma has also passed legislation upholding the Second Amendment, such as the House Bill 2218, which discourages discrimination against the firearm industry.
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Oklahoma's Self-Defense Act Licenses (SDAL)
Oklahoma is a
Despite this, Oklahoma still issues handgun licenses for those who wish to obtain them, such as for carrying in other states. The Oklahoma State Bureau of Investigation (OSBI) is responsible for issuing these licenses, which are called Self-Defense Act Licenses (SDAL). To apply for an SDAL, an individual must be 21 or older, have completed a firearms course, and meet other criteria. The SDAL is also available to military personnel and their spouses stationed in Oklahoma. The license comes with restrictions on the caliber of the firearm, with .45 caliber being the highest allowed.
To obtain a license to carry a firearm in Oklahoma, an individual must complete a safety course, such as the Oklahoma Self-Defense Act Safety Course. This course covers topics including Oklahoma Law, deadly force issues, safety, shooting fundamentals, and handgun operation. At the end of the course, individuals receive a certificate of completion, which is required to apply for an Oklahoma Handgun License.
While Oklahoma does not require a permit to carry a firearm in public, there are still location restrictions on where firearms can be carried. For example, firearms are not permitted in public government buildings. Additionally, it is a crime to carry or wear firearms with the intent to unlawfully injure another person.
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Open carry laws
Oklahoma is a "shall-issue", permitless carry state. This means that no permit is required to carry a firearm, openly or concealed, for anyone who can legally own a firearm and is over 21 years old (or at least 18 years old for members or veterans of the U.S. military). Some restrictions apply, including location restrictions, and a background check is required if purchasing a handgun from a Federal Firearms Dealer.
In 2019, Oklahoma repealed its requirement for a license and background check to carry firearms in public. As a result, Oklahoma law now generally authorises any person who may legally purchase and possess a firearm and who is at least 21 years of age to carry loaded firearms in public, openly or concealed, without a license. The law also applies location restrictions, such as on carrying firearms in public government buildings.
Oklahoma is a Castle Doctrine state and has a "stand your ground" statute. This means that there is no duty to retreat, and the law applies anywhere a person has a right to be. A person has the right to stand their ground and meet force with force, including deadly force, if they reasonably believe it is necessary to do so to prevent death or great bodily harm.
The Second Amendment of the Oklahoma Constitution states that "the right of a citizen to keep and bear arms in defence of his home, person, or property...shall never be prohibited, but nothing herein contained shall prevent the legislature from regulating the carrying of weapons." This provision upholds the right to keep and bear arms while also recognising the role of the legislature in regulating the carrying of weapons.
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Background checks
Oklahoma's gun laws are among the least restrictive in the United States. The right to bear arms is enshrined in the state's constitution, which states that "the right of a citizen to keep and bear arms in defence of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited".
While federal law requires federally licensed firearms dealers to initiate a background check on the purchaser before selling a firearm, this does not apply to private sellers. In Oklahoma, firearms dealers must initiate the required background check by contacting the FBI directly. Private sellers are not required to initiate a background check when transferring a firearm.
Oklahoma is not a point-of-contact state for firearm purchaser background checks, meaning that it does not conduct its own background checks using state and federal records but relies solely on the FBI's National Instant Criminal Background Check System (NICS) database.
In 2015, a law was passed prohibiting mental health records from being submitted to the NICS database. As of December 2020, Oklahoma had submitted over 7,000 prohibiting mental health records to NICS. An investigation in 2021 revealed a large online gun market in Oklahoma where sales were taking place between strangers without background checks, providing an easy way for criminals and prohibited purchasers to acquire firearms.
Gun violence in Oklahoma costs $4.5 billion each year, of which $163 million is paid by taxpayers. Research has shown that state laws requiring background checks for all handgun sales are associated with lower firearm homicide rates, lower firearm suicide rates, and less firearm trafficking.
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Frequently asked questions
Constitutional carry means that the state’s law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and thus no state permit is required.
Oklahoma has constitutional/permitless carry since 1 November 2019. This means that people in Oklahoma can carry handguns, either openly or in a concealed manner, without a state permit.
Yes, there are some restrictions on constitutional carry in Oklahoma. For example, you must be 21 or older, or between 18 and 21 and in the military/a veteran, and you cannot have a felony conviction. Additionally, you cannot carry a firearm in certain places, such as public government buildings.
Under Oklahoma's constitutional carry law, you can carry a pistol, revolver, shotgun, rifle, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon.
Oklahoma's constitutional carry law is intended to uphold the Second Amendment right to keep and bear arms.
