Legal Definition of Concealed Carry?

JadeOK

Marksman
Joined
Oct 3, 2021
Messages
10
Reaction score
2
Location
Tulsa, OK
(In regards to OK law) I understand that concealed means you're intending to hide it, but I was wondering if you had to carry it a certain way. Could you just tuck it in a waistband or pocket or would you have to have a holster or something? I saw a video about gun laws and he mentioned holsters and a couple other options I can't remember. I'm looking for answers on google, but can't find an exact answer. Not looking for legal advice, simply curious about whether there is actually a law or not.
 

dlbleak

Sharpshooter
Staff Member
Special Hen Administrator Moderator Supporter
Joined
Mar 15, 2009
Messages
15,194
Reaction score
11,243
Location
edmond
So, are you asking about open carry? If that is the question, if you are over 18 and active military, the way I read it you can open carry. If not, you have to be 21. Someone feel free to correct me if I am wrong here.
 

Aries

Sharpshooter
Special Hen Supporter
Joined
Feb 1, 2019
Messages
3,992
Reaction score
5,206
Location
Sapulpa
(In regards to OK law) I understand that concealed means you're intending to hide it, but I was wondering if you had to carry it a certain way. Could you just tuck it in a waistband or pocket or would you have to have a holster or something? I saw a video about gun laws and he mentioned holsters and a couple other options I can't remember. I'm looking for answers on google, but can't find an exact answer. Not looking for legal advice, simply curious about whether there is actually a law or not.
Yes, the actual law is the Oklahoma Self Defense Act. You really should read the entire act as there are some restrictions that you need to be aware of... and I believe there are some changes that go into effect on November 1, but off the top of my head I don't remember what they are. I believe one has to do with carrying where alcohol is served, and another has to do with carrying a loaded weapon in an automobile? Not sure... but parts of this may be different next month.

This is the current law, as of this moment.


I believe this is the part relevant to your question, just to summarize, if you open carry it must be in a holster, scabbard, sling or case, but no such is mentioned for concealed carry. A quick search of the SDA did not turn up any other occurence of the word "holster", but again, you should read the entire act. As always, please understand I am not a lawyer and my opinion and poor research skills will not hold up in court. :)

TITLE 21 § 1290.2 DEFINITIONS
A. As used in the Oklahoma Self-Defense Act:
1. "Concealed handgun" means a loaded or unloaded pistol or handgun not openly visible to the ordinary
observation of a reasonable person;

2. "Unconcealed handgun" or "open carry" means a loaded or unloaded pistol or handgun carried upon the
person in a holster where the firearm is visible, or carried upon the person using a scabbard, sling or case
designed for carrying firearms; and

3. "Pistol" or "handgun" shall have the same definition as provided in the Oklahoma Firearms Act of 1971,
defined in Section 1289.3 of this title.

B. The definition of pistol or handgun for purposes of the Oklahoma Self-Defense Act shall not apply to imitation
pistols, flare guns, underwater fishing guns or blank pistols.
 

JadeOK

Marksman
Joined
Oct 3, 2021
Messages
10
Reaction score
2
Location
Tulsa, OK
So, are you asking about open carry? If that is the question, if you are over 18 and active military, the way I read it you can open carry. If not, you have to be 21. Someone feel free to correct me if I am wrong here.
i was asking if when carrying, there were rules as to HOW to carry. like are there limits/regulations to HOW the gun is carried. if it has to be in a holster/scabbard/sling or if you can simply put it in a pocket and go. or if it's considered "improper carrying" or something like that.
 

JadeOK

Marksman
Joined
Oct 3, 2021
Messages
10
Reaction score
2
Location
Tulsa, OK
Yes, the actual law is the Oklahoma Self Defense Act. You really should read the entire act as there are some restrictions that you need to be aware of... and I believe there are some changes that go into effect on November 1, but off the top of my head I don't remember what they are. I believe one has to do with carrying where alcohol is served, and another has to do with carrying a loaded weapon in an automobile? Not sure... but parts of this may be different next month.

This is the current law, as of this moment.


I believe this is the part relevant to your question, just to summarize, if you open carry it must be in a holster, scabbard, sling or case, but no such is mentioned for concealed carry. A quick search of the SDA did not turn up any other occurence of the word "holster", but again, you should read the entire act. As always, please understand I am not a lawyer and my opinion and poor research skills will not hold up in court. :)

TITLE 21 § 1290.2 DEFINITIONS
A. As used in the Oklahoma Self-Defense Act:
1. "Concealed handgun" means a loaded or unloaded pistol or handgun not openly visible to the ordinary
observation of a reasonable person;

2. "Unconcealed handgun" or "open carry" means a loaded or unloaded pistol or handgun carried upon the
person in a holster where the firearm is visible, or carried upon the person using a scabbard, sling or case
designed for carrying firearms; and

3. "Pistol" or "handgun" shall have the same definition as provided in the Oklahoma Firearms Act of 1971,
defined in Section 1289.3 of this title.

B. The definition of pistol or handgun for purposes of the Oklahoma Self-Defense Act shall not apply to imitation
pistols, flare guns, underwater fishing guns or blank pistols.
all good. this kinda answered my question. at least for open carry. i'm wondering if those same restrictions transfer over to concealed carry.
 

Aries

Sharpshooter
Special Hen Supporter
Joined
Feb 1, 2019
Messages
3,992
Reaction score
5,206
Location
Sapulpa
all good. this kinda answered my question. at least for open carry. i'm wondering if those same restrictions transfer over to concealed carry.
The section I cited says it only needs to be in a holster "where the firearm is visible". I'm not sure what section dlbleak is referring to, so there may be another section that addresses it that I'm not finding, but what I cited does not mention a strap. That's why if you're considering carrying, you really need to read the entire thing, but if you're just curious, then I didn't find anything in the SDA that says a concealed weapon needs to be in a holster, but I didn't read all of it (recently).
 

golddigger14s

Sharpshooter
Special Hen
Joined
Apr 26, 2018
Messages
1,477
Reaction score
1,271
Location
Lawton, OK
The only stipulation that I know is that if you open carry, the holster must have a retention strap.
Can you provide a citation for that?
As to the OP you can carry it anyway you want to. Shoved in your waistband, in your pocket, or whatever. Personally I'm a strong advocate for a good quality holster with level II retention.
 
Top Bottom