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Everything you ever wanted to know about the open carry law in Oklahoma...
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<blockquote data-quote="okiebryan" data-source="post: 1923442" data-attributes="member: 24457"><p>Q&A about SB1733 - Open Carry in Oklahoma</p><p></p><p>Disclaimer: <strong>NONE OF THIS GOES INTO EFFECT UNTIL NOV 1, 2012. RELY ON EXISTING LAW AS FOUND IN O.S. TITLE 21 BEFORE NOVEMBER 1, 2012. </strong> We are not attorneys. (And we didn't stay at a Holiday Inn last night) This information is provided only for informational purposes, and people who use this information are strongly encouraged to read applicable Oklahoma statutes, and to consult a practicing attorney with any questions. We are not responsible for any errors or omissions that may be contained herein (but it'd be great if you point them out, K?) All state statutes referenced herein can be found in O.S. Title 21. Words which are in "quotation marks" are directly copied from the referenced state statutes, but may incomplete or out of context. You are encouraged to look up and read the applicable statues yourself and draw your own conclusions before choosing to carry a handgun in Oklahoma.</p><p></p><p><strong>1) Do I need a license to OC in Oklahoma?</strong> <a href="http://http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791" target="_blank">(Section 1290.8.A)</a> In order to carry a handgun concealed or unconcealed in public, one will need to have a "Handgun License" from the OSBI, and valid state ID in their posession. <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69762" target="_blank">(Section 1289.6.A.6)</a> If you do not have a valid handgun license, you may openly carry on property that you own or legally control, but you may not conceal your handgun.</p><p></p><p><strong>2) I have a license issued by another state, can I open carry in Oklahoma?</strong> </p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69809" target="_blank">(Section 1290.26.)</a> "Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed or concealed from detection and view."</p><p></p><p><strong>3) I already have a "Concealed Weapon License" issued by OSBI. Do I need to get a different license to OC?</strong></p><p>This is the same license (with the same requirements for background check and training) that was previously called a "Concealed Weapon License". Those who have a Concealed Weapons License may continue to carry openly or concealed until the expiration of their current license, and will receive a "Handgun License" upon renewal.</p><p></p><p><strong>4) What type of handgun can I carry? </strong> </p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69785" target="_blank">(Section 1290.2.C)</a> Any derringer, revolver or semiautomatic firearm which has an overall length of less than sixteen (16) inches, is designed to be held and fired with one hand, is capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, which uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile, AND <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69789" target="_blank">(Section 1290.6)</a> is .45 caliber or smaller.</p><p></p><p><strong>5) How many handguns can I carry?</strong></p><p>It is our opinion that Oklahoma statutes do not specify or limit the number of concealed or unconcealed handguns that a licensee may carry.</p><p></p><p><strong>6) How may I carry my handgun?</strong> <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69785" target="_blank">(Section 1290.2.A.1 and 2)</a> You may carry a loaded or unloaded pistol EITHER: </p><p>A) carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger, (concealed carry)</p><p>OR </p><p>B)carried upon the person in a belt or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible. (open carry)</p><p></p><p><strong>7) Can I be charged for disorderly conduct if someone is frightened or offended by my open carry of a handgun?</strong></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69781" target="_blank">(Section 1289.24.A.3)</a> As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.</p><p></p><p><strong>8) Is a police officer allowed to check the serial number on my handgun to see if it is stolen or check to see if my handgun is safe or not?</strong></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791" target="_blank">(Section 1290.8.E)</a> "Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed."</p><p></p><p><strong>9) Am I required to provide identification if I am stopped by a police officer? Can they take my handgun for "officer safety"?</strong></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791" target="_blank">(Section 1290.8.B)</a> "The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand."</p><p></p><p><strong>10) Am I required to notify a law enforcement officer that I am carrying a handgun? </strong></p><p>Yes, when you are the subject of an arrest, detention, or traffic stop. <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791" target="_blank">(Section 1290.8.C)</a>"It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. Said identification to the law enforcement officer shall be made at the first opportunity."</p><p></p><p><strong>11) What about city ordinances that may ban open carry? </strong></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69781" target="_blank">(Section 1289.24 A.1.)</a> "Oklahoma has complete state preemption over laws and ordinances "touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void."</p><p>"A municipality may only adopt an ordinance:</p><p>a. relating to the discharge of firearms within the jurisdiction of the municipality, and</p><p>b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of O.S. title 21."</p><p></p><p>Continued on nest post.....</p></blockquote><p></p>
[QUOTE="okiebryan, post: 1923442, member: 24457"] Q&A about SB1733 - Open Carry in Oklahoma Disclaimer: [B]NONE OF THIS GOES INTO EFFECT UNTIL NOV 1, 2012. RELY ON EXISTING LAW AS FOUND IN O.S. TITLE 21 BEFORE NOVEMBER 1, 2012. [/B] We are not attorneys. (And we didn't stay at a Holiday Inn last night) This information is provided only for informational purposes, and people who use this information are strongly encouraged to read applicable Oklahoma statutes, and to consult a practicing attorney with any questions. We are not responsible for any errors or omissions that may be contained herein (but it'd be great if you point them out, K?) All state statutes referenced herein can be found in O.S. Title 21. Words which are in "quotation marks" are directly copied from the referenced state statutes, but may incomplete or out of context. You are encouraged to look up and read the applicable statues yourself and draw your own conclusions before choosing to carry a handgun in Oklahoma. [B]1) Do I need a license to OC in Oklahoma?[/B] [URL="http://http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791"](Section 1290.8.A)[/URL] In order to carry a handgun concealed or unconcealed in public, one will need to have a "Handgun License" from the OSBI, and valid state ID in their posession. [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69762"](Section 1289.6.A.6)[/URL] If you do not have a valid handgun license, you may openly carry on property that you own or legally control, but you may not conceal your handgun. [B]2) I have a license issued by another state, can I open carry in Oklahoma?[/B] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69809"](Section 1290.26.)[/URL] "Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed or concealed from detection and view." [B]3) I already have a "Concealed Weapon License" issued by OSBI. Do I need to get a different license to OC?[/B] This is the same license (with the same requirements for background check and training) that was previously called a "Concealed Weapon License". Those who have a Concealed Weapons License may continue to carry openly or concealed until the expiration of their current license, and will receive a "Handgun License" upon renewal. [B]4) What type of handgun can I carry? [/B] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69785"](Section 1290.2.C)[/URL] Any derringer, revolver or semiautomatic firearm which has an overall length of less than sixteen (16) inches, is designed to be held and fired with one hand, is capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, which uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile, AND [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69789"](Section 1290.6)[/URL] is .45 caliber or smaller. [B]5) How many handguns can I carry?[/B] It is our opinion that Oklahoma statutes do not specify or limit the number of concealed or unconcealed handguns that a licensee may carry. [B]6) How may I carry my handgun?[/B] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69785"](Section 1290.2.A.1 and 2)[/URL] You may carry a loaded or unloaded pistol EITHER: A) carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger, (concealed carry) OR B)carried upon the person in a belt or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible. (open carry) [B]7) Can I be charged for disorderly conduct if someone is frightened or offended by my open carry of a handgun?[/B] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69781"](Section 1289.24.A.3)[/URL] As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order. [B]8) Is a police officer allowed to check the serial number on my handgun to see if it is stolen or check to see if my handgun is safe or not?[/B] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791"](Section 1290.8.E)[/URL] "Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed." [B]9) Am I required to provide identification if I am stopped by a police officer? Can they take my handgun for "officer safety"?[/B] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791"](Section 1290.8.B)[/URL] "The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand." [B]10) Am I required to notify a law enforcement officer that I am carrying a handgun? [/B] Yes, when you are the subject of an arrest, detention, or traffic stop. [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69791"](Section 1290.8.C)[/URL]"It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. Said identification to the law enforcement officer shall be made at the first opportunity." [B]11) What about city ordinances that may ban open carry? [/B] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69781"](Section 1289.24 A.1.)[/URL] "Oklahoma has complete state preemption over laws and ordinances "touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void." "A municipality may only adopt an ordinance: a. relating to the discharge of firearms within the jurisdiction of the municipality, and b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of O.S. title 21." Continued on nest post..... [/QUOTE]
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