Oklahoma's "Constitutional Carry" Opens the New Wild Mid-West
On February 27, 2019, newly-elected governor Kevin Stitt, signed House Bill 2597 into law found at 21 OK. Stat § 21-1272 (2019). This was the first bill Governor Stitt signed since he was elected Oklahoma’s 28th governor and will effectively allow Oklahomans to carry a firearm without a permit. HB 2597, also called the “constitutional carry” bill, permits individuals age 21 and older to openly carry or conceal a firearm without a permit and without a background check or firearms training. The bill also allows for veterans, active duty and reserve military members age 18 and over to carry a firearm without undergoing the background and training requirements previously required by Oklahoma’s conceal carry program. Consistent with prior Oklahoma law, individuals convicted of felonies and those with domestic violence convictions as well as anyone who may been adjudicated as having a mental illness are prohibited from carrying a firearm.
While this new law gives many of us the ability to openly possess a firearm without first obtaining a state-issued permit, Oklahoma still issues handgun licenses for people who wish to obtain one in order to carry concealed firearms in other jurisdictions that recognize valid conceal carry permits issued by another state. Oklahoma is one of the fourteen states in the United States that enjoy some sort of reciprocity between states regarding concealed firearms and personal gun rights laws.
What is the difference between concealed and open carry in Oklahoma?
In Oklahoma, a concealed handgun is defined as a loaded or unloaded handgun and the presence of which is not openly discoverable to ordinary observation of a reasonable person. In Oklahoma, an unconcealed handgun (open carry) means a loaded or unload pistol or handgun carried upon a person in a holster or carried using a scabbard, sling, or case designed for carrying firearms. Oklahoma law defines a pistol or handgun as any derringer, revolver, or semiautomatic firearm that:
has an overall barrel or barrels length of less than 16 inches;
is capable of discharging single or multiple projectiles from a single round of ammuntion composed of any material that may reasonably be expected to be able to cause lethal injury;
can be held and fired by the use of one or multiple projectiles from a single round of ammunition compost of any material that may reasonable be expedited to be able to cause lethal injury;
can be held and fired by the use of one or both hands; and
uses a combustible propellant charge to propel the projectile(s).
What type of firearms can be carried in Oklahoma?
The new laws affecting which types of firearm can be carried in Oklahoma goes into effect on November 1, 2019 and will drastically increase the permitted instances of concealed or open carry in Oklahoma. Found in Title 21 of the Oklahoma Statutes, Section 1272 will not prohibit the following individuals to carry weapons, whether concealed or not:
The proper use of guns and knives for self-defense, hunting, fishing, educational or recreational purposes;
The carrying or use of weapons in a manner otherwise permitted by status or authorized by the Oklahoma Self-Defense Act;
The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;
The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts;
The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment; or
The carrying of a firearm, concealed or unconcealed, loaded or unloaded, by a person who is twenty-one (21) years of age or older or by a person who is eighteen (18) years of age but not yet twenty-one (21) years of age and the person is a member or veteran of the United States Armed Forces, Reserves or National Guard or was discharged under honorable conditions from the United States Armed Forces, Reserves or National Guard, and the person is otherwise not disqualified from the possession or purchase of a firearm under state or federal law and is not carrying the firearm in furtherance of a crime.
Effectively, the final provision of this law provides that any person who is at least twenty-one (21) years old, not previously convicted of felonies or certain violent crimes and domestic violence, is permitted to carry a loaded or unloaded firearm and has no regard for whether the firearm is concealed or not. More importantly, a violation of Oklahoma’s “constitutional carry” law is punishable by mere misdemeanor conviction and the maximum punishment for the first violation is imprisonment in the county jail for no more than thirty (30) days and a possible fine of $100-$250. On every second and subsequent violation, the range of punishment is 30 days-3 months in the county jail and a possible fine of $250-$500.
The new law is coming on the heel of many horrific shooting events around the country. In most cases, state legislatures begin to introduce laws that seek to curb illicit gun sales and reenforce background checks and gun training after mass shootings take place. Luckily, Oklahoma has not seen the type of gun violence that typically spawns this type of gun legislation but at what cost? Nearly 60,000 Oklahomans rushed to make their feelings known last month and signed a petition blocking the law from going into effect on Nov. 1. Backed by efforts from Representative Jason Lowe, a referendum was suggested to let voters decide whether they fully agree with this new “constitutional carry” law. Unfortunately, the signature count fell just short of the 60,000 threshold necessary to spark a referendum but the support generated still speaks to the broader shift in gun rights and advocacy in Oklahoma. The shift marks a striking departure from Oklahoma’s once staunch conservatism. You would not expect such an outcry over mass gun possession in our state but people want change; I think it is clear that Oklahomans want some sort of gun reform.
Where is it illegal to carry a firearm in Oklahoma?
Another newly amended firearms law in Oklahoma determines lawful and unlawful locations where firearms may be carried. According to 21 O.S. § 1277 (effective November 1, 2019), it is illegal for someone who has a valid handgun license to carry any concealed or unconcealed handgun into any of the following places:
Any structure, building, or office space that is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;
Any courthouse, courtroom, prison, jail, detention facility, or any facility used to process, hold, or house arrested persons, prisoners, or people alleged delinquent or adjudicated delinquent (except as provided in 57 O.S. § 21);
Any public or private elementary school or public or private secondary school, subject to the exceptions below;
Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;
Any place where gambling is authorized by law, unless allowed by the property owner; and
Any other place specifically prohibited by law.
It is considered a misdemeanor to violate numbers 2 and 3 from above and the maximum fine is $250. Someone who violates numbers 1, 4, 5, or 6 from above may be denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount no greater than $250. Moreover, nothing contained in this new law authorizes or allows any person in control of any of the six places described above to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license from possession of a handgun allowable under such license in the five places described below.
The prohibited place does not include and specifically excludes the following property:
Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority;
Any property set aside for the use or parking of any vehicle, whether attended or unattended, that is open to the public, or by any entity engaged in gambling authorized by law;
Any property adjacent to a structure, building or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section;
Any property designated by a city, town, county or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds; provided, nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed or unconcealed firearm into any structure, building or office space which is specifically prohibited by the provisions of subsection A of this section; and
Any property set aside by a public or private elementary or secondary school for the use or parking of any vehicle, whether attended or unattended; provided, however, said handgun must be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property.
Oklahoma Weapons Charges Attorney
Though Oklahoma is a supporter of the Second Amendment right to bear arms, our new gun laws and restrictions are constantly changing and can be confusing. The state allows individual ownership of firearms, and even recently became an open-carry state, allowing citizens with the proper gun permits and licenses to openly wear or display a weapon wherever it is not expressly prohibited.
As with any right or privilege, the right of gun ownership comes with certain responsibilities, and Oklahoma gun laws are established to protect Oklahomans from unlawful or dangerous use of firearms and other weapons. Most Oklahoma gun possession offenses are misdemeanors; however, using a dangerous or deadly weapon or firearm in the commission of a crime is among several felony gun crimes.
The presence or use of a weapon can greatly impact the way a criminal case is filed and prosecuted in Oklahoma. In general, the mere use of a firearm while committing a felony is a separate charge in itself. There are many other criminal charges that may result from the possession or use of a firearm, and these charges are vigorously prosecuted, which is why an experienced weapons charges attorney is crucial if you are facing these types of allegations. In some instances, crimes like Robbery or Attempted Robbery with a Dangerous Weapon are charges that carry significantly harsher sentences than the same offense absent the presence of a weapon.
Additionally, Oklahoma law may also require the forfeiture of your weapons if the prosecution alleges they were used in conjunction with a crime. This is a separate and distinct case from the criminal charge and can have dramatic consequences to you and your property. If you are accused of a misdemeanor or felony weapons offense, there are options available that can minimize the impact the criminal charge has on you and your loved ones. Diver Law Firm has represented countless individuals facing weapons offenses and has a detailed understanding of Oklahoma’s new gun and established gun laws, and your Second Amendment rights under the United States Constitution.
If you or a loved one has been accused of violating Oklahoma gun laws or have been charged with a violent weapons crime in Oklahoma, you need a skillful and knowledgeable defense. Our attorneys have demonstrated success after success in obtaining dismissals and favorable outcomes for our clients accused of state and federal weapons offenses. Call Diver Law Firm and retain an accomplished criminal justice attorney ready to fight for your rights. Call today at (405) 896-8080 for your risk-free consultation.