Oklahoma: Your State Firearms Laws

(as of July 1994)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Federal Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         No
Registration of Firearms     No         No
Licensing of Owner           No         No
Permit to Carry              No         N/A *

 * The carrying of concealed weapons is forbidden in
   Oklahoma. There is no statutory provision for obtaining
   a license or permit to carry a concealed firearm.

State Constitutional Provision

``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.'' Article 2, Section 26.

Possession

No state permit is required to posses a rifle, shotgun, or handgun.

It is unlawful for a person convicted of a felony to have in his possession or immediate control or in a vehicle which he is operating or riding as a passenger a pistol, machine gun, sawed off shotgun or rifle, or any firearm that can be as easily concealed on the person, in personal effects or in the automobile.

It is unlawful to possess a sawed-off shotgun or rifle without a federal license.

It is unlawful to possess a firearm while engaging in reckless conduct. Reckless conduct is defined as action that creates a situation of unreasonable risk and probability of death or great bodily harm to another and demonstrates conscious disregard for the safety of another person.

Purchase

No state permit is required for the purchase of a rifle, shotgun or handgun.

It is unlawful to knowingly sell, trade, give, or transfer a firearm to a convicted felon; to an individual who is under the influence of alcohol or drugs; or to an individual who is mentally or emotionally unbalanced or disturbed.

It is unlawful to sell or give a handgun to a minor.

It is unlawful to knowingly transmit, transfer, sell, lend, or furnish a firearm to a person who is under an adjudication of mental incompetence, or to a person who is a moron, idiot or insane.

Carrying

It is unlawful for a person to carry a handgun upon or about his person, or in his portfolio or purse.

It is unlawful for a person, except a peace officer, to carry a handgun into a place where people are assembled for worship, amusement, or education, or into a circus, show, or public exhibition; or into a ballroom social gathering, election. or political convention.

It is unlawful to carry or wear a firearm, either openly or secretly with the intent of injuring another.

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

  1. Going to or coming from hunting, including moving place to place by vehicle. Rifles and shotguns may be carried in a landbourne motor vehicle over public highways when clip or magazine loaded and not chamber loaded if carried in a locked compartment of the vehicle.
  2. Going to or coming from a safety or hunter safety class, target shooting, skeet, trap, or other recognized sporting event.
  3. When unloaded, going to or coming from a gunsmith.
  4. When unloaded, going to or coming from a store for purposes of repair, trade, barter, or sale.
  5. Going to or coming from a military function of the state military forces.
  6. Going to or coming from a recognized police function.
  7. When unloaded, going to or coming from a gun show.
  8. When unloaded, going to or coming from a point of private trade for purposes of transferring a firearm to another private citizen in exchange for moneys, payment for services or trade.
  9. Going to, coming from, and during a performance for entertainment purposes or
  10. For any legitimate purpose not in violation of the firearms laws.
A person may carry or transport an unloaded rifle shotgun, or pistol in a motor vehicle at any time.

It is unlawful to carry a concealed weapon. Exempt from this prohibition are law enforcement officers, a retired state or federal peace officer upon written approval from the Commissioner of Public Safety, registered security officers or persons employed by an armored car firm licensed by the Corporation Commission, and the carrying of an unloaded firearm in a locked container.

It is unlawful for a person except an on-duty peace officer or the owner or proprietor of the establishment, to carry into or to possess any firearm in an establishment where beer or alcoholic beverages are consumed.

It is unlawful to carry or to use a firearm while under the influence of an intoxicating liquor or a hallucinogenic, unlawful or unprescribed drug.

It is unlawful to carry or use a firearm when under the influence of a prescribed drug if the after effects affect mental, emotional, or physical processes to a degree that would result in abnormal behavior.

Antiques/Replicas

Oklahoma statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

Machine Guns

It is lawful to possess, purchase, or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

Miscellaneous

It is unlawful to transport or discharge a shotgun, rifle, or pistol from a boat under power or sail, except for the purposes of hunting animals or fowl.

It is unlawful to willingly or maliciously disturb the peace and quiet by shooting or brandishing a firearm.

It is forbidden to shoot on Sundays.

It is unlawful for a person other than an authorized law enforcement officer to board a bus with a firearm concealed "upon or about" his person.

It is unlawful to possess on school property or in a school vehicle a firearm. This prohibition shall not apply to attendance at a permitted hunter safety course, and to a person with an unloaded gun designed for hunting in a private vehicle, and carried in compliance with state law, when bringing or picking up a student.

It is unlawful to hunt from a boat with a firearm from sunset until one-half hour before sunrise. This does not pertain to hunting waterfowl enroute from bank to blind with unloaded shotguns.

No persons may shoot game while riding in or on any motor driven land, air, or water conveyance, except a nonambulatory person may hunt from such with written permission of the Oklahoma Wildlife Conservation Director.

No person may hunt, pursue game or use firearms within 440 yards of a church, schoolhouse, or other public place where people may assemble, so as to disturb such assemblage.

No person may shoot at wildlife from or across a public road or highway, or railroad right of way.

The sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies are preempted by state law.

It is unlawful to manufacture, sell, or possess, carry upon the person, use or attempt to use against another person any round or elongated missile with a core of less than 60% lead and having a fluorocarbon coating which is designed to travel at a high velocity and is capable of penetrating body armor.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.

                     Compiled by:
         NRA Institute for Legislative Action
               11250 Waples Mill Road
               Fairfax, VA 22030-7400

   (c)  1994, NRA Institute for Legislative Action.
                 Permission to reprint
   granted with appropriate credit to NRA Institute

NS 01330                                R. 7/94 10M