While gun ownership—the right to bear arms—is a constitutionally protected right, both state and federal laws stipulate who may carry a gun and how, when, and where that right to bear arms may be exercised. Here is more information on Oklahoma Concealed Carry laws.
While many violent gun crimes and felony weapons offenses, such as assault with a dangerous weapon and shooting with intent to kill, are described elsewhere on this site, following is a list of the remainder of gun crimes and firearms violations.
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Unlawful Carry (Title 21 § 1272)
Unless authorized by law or in accordance with the Oklahoma Self Defense Act (OSDA), it is a misdemeanor to carry an offensive weapon, including but not limited to loaded or unloaded firearms, daggers, knives, switchblades, brass knuckles, and swords.
Exclusions are granted to law enforcement officers and their service weapons, weapons used for living history reenactments, and proper use of guns and knives for hunting, fishing, recreation, and education.
Carrying Firearms Where Liquor is Consumed (Title 21 § 1272.1)
Even if a person has a proper license and permit for open or concealed carry, it is a felony to carry a weapon into an establishment where low-point beer or alcohol is consumed. Carrying a weapon where liquor is consumed is punishable by 1 to 2 years in prison.
However, if drinking is not the primary purpose of the business, a person who is licensed to carry pursuant to the OSDA it may lawfully carry his or her weapon. This statute exempts law enforcement officers and owners of a bar or drinking establishment who keep a weapon on the premises.
Allowing Minors to Possess Firearms (Title 21 § 1273)
Minors under the age of 18 are prohibited from possessing firearms except for rifles and shotguns to be lawfully used for hunting, skeet shooting, education, or recognized sport. Providing or selling a firearm to a minor is a misdemeanor punishable by a fine of up to $250 and a maximum of 30 days in jail on the first offense. The penalties increase with each subsequent offense.
TITLE 21 § 1277 Unlawful Carry in Certain Places
In addition to establishments where liquor is consumed, it is illegal to carry a weapon in certain other places, including:
- A city, town, county, state, or federal government building
- A jail, prison, or detention facility
- A public or private school
- A sports arena housing a professional sporting event
- Any place where pari-mutuel betting is legally allowed
Carrying a firearm in a prohibited place is a misdemeanor punishable by a $250 fine.
TITLE 21 § 1278 Unlawful Intent to Carry
Carrying a dangerous weapon with the unlawful intent to injure another person is a felony punishable by a maximum of 2 years in prison and a fine of up to $5,000.
TITLE 21 § 1279 Misdemeanor Pointing a Firearm
Unless acting in self defense, it is illegal to point a loaded or unloaded firearm at another person. It is a misdemeanor punishable by a minimum of three months in county jail and a fine of up to $1,000.
TITLE 21 § 1280.1 Possession of a Firearm on School Property
Section 1277 lists schools as places where it is illegal to possess a firearm. This statute describes in detail the offense of carrying a firearm on school property and doles out harsher penalties for the offense than those established in the earlier statute. Possession of a firearm on school property is a felony punishable by a maximum of 2 years in prison and a fine of up to $5,000.
TITLE 21 § 1283 Convicted Felons & Delinquents
It is illegal for anyone who has been convicted of a felony to possess a firearm unless he or she has been granted a full pardon and has applied for and received a permit to carry under the OSDA. Also prohibited from firearm possession are those under the supervision of the Department of Corrections and those who have been adjudicated delinquent within the past 10 years. Possession of a firearm by a convicted felon is an additional felony punishable by 1 to 10 years in prison.
TITLE 21 § 1287 Use of a Firearm While Committing a Felony
Possession of a firearm or offensive weapon while committing a felony is a separate felony from the underlying offense, and the penalties associated are additional to any sentence for conviction of the initial felony. A person may be charged with possession of a firearm in the commission of a felony even if the gun is unloaded or if it is an imitation weapon designed to look like a real firearm.
A person can be charged for simply having possession of the weapon during the crime, even if it was not used or displayed to perpetrate the offense. Conviction of possession of a firearm while committing a felony carries a sentence of 2 to 10 years in prison in addition to the sentence levied for the primary offense.
TITLE 21 § 1287.1 Penalty Enhancement for Weapon Possession
While carrying or possessing a weapon during the commission of a felony is punishable by a maximum of 10 years in prison, discharging a firearm while committing a violent crime carries an additional 10 year minimum sentence.
TITLE 21 § 1289.9 Carrying Weapons Under Influence of Alchohol
It is illegal to carry or use a weapon while under the influence of alcohol, illegal drugs, or prescription drugs when such medications affect mental, emotional, or physical processes. Carrying under the influence is a misdemeanor punishable by a fine of $50 to $500 and a jail term of 10 days to 6 months.
TITLE 21 § 1289.10 Furnishing Firearms to Incompetent Persons
Selling or providing a firearm to a person who has been adjudicated mentally incompetent or who is known to be mentally disabled is a misdemeanor that carries a fine of up to $500, a minimum jail sentence of 10 days, and a maximum jail sentence of 6 months.
TITLE 21 § 1289.11 Reckless Conduct
Possessing a firearm while engaging in reckless conduct which places others at risk of great bodily injury or death, or which demonstrates a disregard for the safety of others, is a misdemeanor punishable by a fine of $50 to $500 and a jail term of 10 days to 6 months.
TITLE 21 § 1289.12 Giving Firearms to Prohibited Persons
Certain people are prohibited by law from possessing firearms. These people include anyone who has been convicted of a felony, anyone who is mentally incompetent or emotionally disturbed, and anyone who is under the influence of alcohol or drugs. Providing a firearm to such a person is misdemeanor offense. A defendant charged with this crime is subject to a fine of up to $500 and up to 6 months in jail with a 10 day minimum.
TITLE 21 § 1289.13 Transporting a Loaded Firearm
It is illegal to carry a loaded pistol, rifle, or shotgun in a vehicle on public roads, except for clip or magazine loaded firearms which are not chamber loaded and which are locked in the vehicle's trunk or interior compartment if the gun's owner is licensed to carry. Transporting a loaded weapon is a misdemeanor punishable by a fine of $50 to $500 and a jail term of 10 days to 6 months.
TITLE 21 § 1289.16 Felony Pointing Firearms
Pointing a firearm, whether loaded or not, for the unlawful intent of threatening, frightening, or injuring another is a felony. Conviction carries a sentence of 1 to 10 years in prison.
TITLE 21 § 1289.17A Felony Discharging Firearms
Discharging a firearm into a house, dwelling, business, or public building is a felony punishable by 2 to 20 years in the state penitentiary.
TITLE 21 § 1289.18 Sawed-Off Shotgun & Sawed-Off Rifle Defined Violations Penalties
It is illegal to possess a sawed-off shotgun (barrel less than 18 inches) or a sawed-off rifle (barrel less than 16 inches or total length less than 26 inches). Possessing a sawed-off weapon in a felony punishable by a maximum of 2 years in prison.
TITLE 21 § 1289.20 Manufacture of Restricted Bullets
Armor piercing ammunition is prohibited by law, and manufacturing, importing, selling, or advertising these restricted bullets, except for lawful military or law enforcement use, is a felony that carries a maximum sentence of 10 years in jail and a fine of up to $10,000.
TITLE 21 § 1289.21 Possession of Restricted Bullets
Possessing, carrying, or using armor-piercing bullets is a felony. Penalties include a minimum prison term of 2 years up to a maximum of 10 years. This offense is not eligible for a suspended sentence.
TITLE 21 § 1289.25 Physical or Deadly Force Against an Intruder
This statute upholds the right of Oklahomans to be safe in their own homes, and it outlines appropriate use of deadly force against an intruder. It is presumed that anyone unlawfully entering a home is doing so with the intent to commit a violent crime, and occupants of the home have a right to protect themselves and their families through defensive force. If deadly force is reasonable and necessary to prevent an attack by an intruder, the killing of the assailant will be considered justifiable homicide.
TITLE 21 § 1289.26 Use of Body Armor
Wearing body armor while committing a felony or attempting to carry a felony is a separate crime from the primary offense, and it carries additional penalties. It is punishable by a maximum of 10 years on the first offense and 20 years on the second or subsequent offense. The prison term is in addition to any sentence levied for the primary offense.
TITLE 21 § 1364 Discharging Firearm
Discharging a weapon in a public place or where there is anyone present who could be injured by such an act is a misdemeanor, whether or not any actual injury occurs.
TITLE 63 § 4210.3 Transporting Weapon in or Discharging Weapon from Vessel
Except for the lawful hunting of water fowl or other animals, it is illegal to carry a firearm or discharge a firearm from a boat or other watercraft. To do so is a misdemeanor with penalties including a fine of $50 to $100 and a jail term of 10 days to 6 months.
Carrying a Gun in Oklahoma
The state allows you to carry a firearm without a permit, but there are very specific rules about where and under what circumstances it is legal. If you're looking for information regarding carrying a gun in our state, check out this article on Oklahoma's Open Carry Laws for 2019.
For more general information visit our homepage.
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