Oklahoma is an “open carry” state, meaning that adults can purchase and openly carry guns without a permit. The right to bear arms is also guaranteed under the federal and state constitutions. Although Oklahoma has fairly liberal gun laws, this does not mean that weapons are not regulated. Like all states, Oklahoma governs who can carry a gun and where. For information about gun laws in other states, see Gun Possession and Use Laws.
In Oklahoma, adults can buy and openly carry guns without a permit. However, people in Oklahoma can carry concealed weapons onlywith a concealed carry permit. (Okla. Stat. tit. 21, § 1290.4.) For more information, see Gun Permit Laws in Oklahoma and Open and Concealed Gun Carry Laws in Oklahoma. People in Oklahoma who are carrying (concealed or unconcealed) handguns and are stopped by police must tell the officer that they are armed. (Okla. Stat. tit. 21, § 1290.8.)
Children under the age of 18 are generally prohibited from possessing weapons in Oklahoma. For example, a child who brought a gun to a friend’s home could be convicted of a crime. There are exceptions for guns used in hunting and sporting events.
It is also a crime for an adult to give or sell a weapon to a child and for parents to allow their children to possess weapons, if the parent is aware that the child will likely use the weapon to commit a crime, or if the child has been adjudicated delinquent, or convicted of a crime. (Okla. Stat. tit. 21, § 1273.) For example, if a 15-year-old high school freshman has previously been adjudicated delinquent and the child’s parent gives the child a gun to keep in the child’s car for protection, the parent could be convicted of a crime. If the child does, in fact, keep the gun in the car, the child could also be convicted of a crime.
Generally, guns are prohibited on public and private school property, as well as on school buses. However, there are exceptions for peace officers, and people who have concealed-carry permits may bring weapons on private school property if school policy allows it. (Okla. Stat. tit. 21, § 1280.1.)
People who have been convicted of felonies (in Oklahoma or elsewhere) are prohibited from possessing firearms. People who have been convicted of only one nonviolent felony can have their right to possess a weapon restored. (Okla. Stat. tit. 21, § 1283.)
Under Oklahoma law, the following weapons are generally prohibited:
(Okla. Stat. tit. 21, § § 1272, 1289.19, 1290.6.)
Oklahoma law prohibits carrying a weapon in a bar. There are exceptions for law enforcement officers, private investigators, and bar owners who keep a gun on the premises. People who have a concealed carry license may bring a gun into restaurants that sell alcohol. However, no one is permitted to possess a gun while under the influence of alcohol or a controlled substance. (Okla. Stat. tit. 21, § § 1272.1, 1289.9.)
Failure to inform an officer that you are armed is punishable by a fine of up to $100. Possession of a weapon by a child, and providing (or, if the defendant is the child’s parent, allowing) a child to possess a weapon are misdemeanors, punishable by up to 30 days in jail, a fine of $100 to $250, or both. Subsequent convictions are punished more severely. Possession of a weapon at school is punishable by up to two years in jail and a fine of up to $5,000.
Possession of a weapon by a convicted felon is punishable by one to ten years in prison. Possession of a prohibited weapon is punishable by up to 30 days in jail, a fine of $100 to $250, or both, and subsequent convictions are punished more severely. Possession of armor-piercing bullets is punishable by two to ten years in prison.
Bringing a weapon into a bar is punishable by up to two years in jail, a fine of up to $1,000, or both. Possession of gun while under the influence is punishable by ten days to six months in jail, a fine of $50 to $500, or both. For more information on sentencing in Oklahoma, see Oklahoma Misdemeanor Crimes by Class and Sentences and Oklahoma Felony Crimes by Class and Sentences.
(Okla. Stat. tit. 21, § § 1272.2, 1276, 1280, 1289.15, 1289.21.)
A conviction for a weapons violation can have serious consequences. If you are charged with a crime as a result of your possession of a weapon, contact a local criminal defense attorney. An attorney can tell you what to expect in court and how to best prepare your defense and protect your rights.