Oklahoma State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Also note that Oklahoma Statutes title 21, §§ 1289.1 through 1289.17 uses the term "pistols" to refer to any firearm with a barrel or barrels less than sixteen (16) inches in length. Okla. Stat. tit. 21, § 1289.3. As a result, the terms "pistol" and "handgun" are used interchangeably below.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Oklahoma, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Oklahoma has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.

Oklahoma prohibits knowingly transferring a firearm to:

• A convicted felon (Okla. Stat. tit. 21, § 1289.12);

• An adjudicated delinquent (§ 1289.12);

• A person under the influence of alcohol or drugs (§ 1289.12); or

• A mentally or emotionally unbalanced person. (§§ 1289.10, 1289.12).

Oklahoma also prohibits any transfer of a firearm to a person under age 18. Section 1273(A), (E).

Section 1283 describes certain persons who may not possess or have certain weapons under their immediate control or in any vehicle which they are operating or in which they are riding as a passenger, or at their residence:

• A convicted felon may not have a "pistol, imitation or homemade pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly weapon." (§ 1283(A));

• A person supervised by the Department of Corrections, including a person on probation or parole, may not have "any pistol, shotgun or rifle, including any imitation or homemade pistol, shotgun or rifle." (§ 1283(C)); and

• Any person previously adjudicated as a delinquent child or youthful offender for the commission of an offense which would have constituted a felony if committed by an adult may not have a "pistol, imitation or homemade pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly weapon which could be easily concealed on the person." (§ 1283(D)).

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Oklahoma, although federal and state purchaser prohibitions still apply. See the Oklahoma Private/Secondary Sales section.

No relevant statutes currently exist.

Open Carrying / Exposed firearms

Oklahoma Statutes title 21, § 1289.6(A) states that a person is permitted to carry loaded and unloaded shotguns, rifles, and pistols, open and not concealed and without a concealed handgun license for any legitimate purpose not in violation of any legislative enactment regarding the use, ownership and control of firearms, including:

• When hunting animals or fowl;

• During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;

• During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces;

• During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials; and

• During a practice for or a performance for entertainment purposes.

Section 1289.6(B) provides that a person is permitted to carry an unloaded shotgun, rifle or handgun, open and not concealed and without a concealed handgun license for any legitimate purpose not in violation of sections 1289.1 through 1289.17, including when going to or from the person's private residence or vehicle, or when a passenger in a vehicle riding to statutorily designated places, including but not limited to hunting and target shooting activities, hunter safety courses, or a gunsmith.

Possession Restrictions

Oklahoma prohibits any person from carrying or possessing a firearm in any establishment where low-point beer or alcoholic beverages are consumed, unless the person is the proprietor of the establishment, or the person possesses a valid concealed handgun license and the sale of low-point beer or alcoholic beverages is not the primary purpose of the business. Okla. Stat. tit. 21, § 1272.1.

The state also prohibits any private landowner, the landowner's designated employee, or a lessee from having a chamber-loaded firearm on the property, provided that no convicted felon carries it. Tit. 29, § 4-135.

Any person who brings a gun into or has a gun in his or her possession in any jail or state penal institution or other place where prisoners are located, without authority, is guilty of a felony. Tit. 57, § 21.

In addition, no person may have a firearm in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers. Tit. 21 § 1280.1(A). Handguns may be carried on school property: (1) in a privately owned vehicle pursuant to a valid concealed handgun license, provided the vehicle "is driven onto school property only to transport a student to and from school and such vehicle does not remain unattended on school property;" or (2) for authorized hunter training, hunting, fishing, firearms training, recognized firearms sporting events, team shooting competitions or living history reenactments. Section 1280.1(C).

State administrative regulations govern firearms in:

• The property of a licensed horse racing organization (Okla. Admin. Code § 325:35-1-9);

• The J.D. McCarty Center for Children with Developmental Disabilities (this regulation explicitly states that it includes, but is not limited to, "licensed concealed handguns") (Okla. Admin. Code § 130:14-3-12(c));

• The hearing room for the administrative law judge of a district child support office (Okla. Admin. Code § 340:2-28-17.1(b));

• Alternative group homes for persons with disabilities (Okla. Admin. Code § 340:100-5-22.6(g));

• Child care centers (Okla. Admin. Code § 340:110-3-11);

• Facilities for part-day children's programs (Okla. Admin. Code § 340:110-3-44(c)(3)(D));

• Family child care homes (Okla. Admin. Code § 340:110-3-86(a)(6));

• Residential child care facilities (Okla. Admin. Code § 340:110-3-157(j)(2));

• Therapeutic camps for children (Okla. Admin. Code § 340:110-3-195(f)(2));

• School-age child care facilities (Okla. Admin. Code § 340-110-3-229(a)(3)(D));

• Foster homes (Okla. Admin. Code § 340:110-5-60(b)(3));

• Group homes for children (Okla. Admin. Code § 340:110-5-96(b));

• State parks (Okla. Admin. Code § 725:30-4-4(a));

• Land managed by the Oklahoma Department of Wildlife Lands Management (Okla. Admin. Code § 800:30-1-3); and

• U.S. Army Corps of Engineers project lands (Okla. Admin. Code § 800:30-1-14).

Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

Oklahoma prohibits the transportation of a loaded pistol, rifle or shotgun in a "landborne" motor vehicle over a public highway or roadway. Okla. Stat. tit. 21, § 1289.13. However, a rifle or shotgun may be transported clip or magazine loaded (not chamber loaded) if it is in an exterior locked compartment of the vehicle, in the trunk, or in the interior compartment of the vehicle. Id. Any person (except a convicted felon) may transport a rifle or shotgun in a motor vehicle if the firearm is concealed behind a seat or within the interior of the vehicle, and is not clip, magazine or chamber loaded. Section 1289.7. Furthermore, any person (except a convicted felon) may transport a rifle, shotgun or handgun, unloaded and open (meaning in plain view, a firearm case, a gun rack, an exterior locked compartment, or a trunk) in a motor vehicle at any time. Id.

Section 1289.6(B) states that a person is permitted to carry an unloaded shotgun, rifle or pistol, open and not concealed and without a concealed handgun license for any legitimate purpose not in violation of sections 1289.1 through 1289.17, including when going to or from the person's residence, or vehicle, or a vehicle in which the person is riding as a passenger to a place designated or authorized for:

• Firearms repairs or reconditioning;

• Firearms trade, sale, or barter, or a gunsmith;

• Hunting animals or fowl, or a hunter safety course;

• Target shooting, or skeet or trap shooting; or

• Any recognized firearms activity or event.

Section 1290.4 prohibits carrying a "concealed handgun" without a license or as otherwise provided by law. "Concealed handgun" is defined to include any handgun "carried hidden from the detection and view of another person … in a vehicle which is operated by the person or in which the person is riding as a passenger." Section 1290.2.

Any person operating a vehicle, or who is a passenger in a vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a concealed handgun and is carrying a concealed handgun or has concealed a handgun or a rifle or shotgun in such vehicle, shall not be deemed in violation of the provisions of sections 1289.7 or 1289.13, provided the licensee is in or near the vehicle. Sections 1289.7, 1289.13.

Any person stopped pursuant to a moving traffic violation who is transporting a loaded handgun in the vehicle without a valid concealed handgun license, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation for $70, plus court costs for transporting the firearm improperly, and the person may be arrested for any other violation of law. Section 1289.13A(A).

Any person boarding a bus with a firearm concealed upon or about the person is guilty of a felony. Section 1903.

State law also prohibits the transportation of a firearm in a boat, except when hunting animals in compliance with existing state and federal law. Tit. 63, § 4210.3. Any person in possession of a valid concealed handgun license is not guilty of transporting a handgun in violation of this section if the handgun is concealed on or about his or her person. Id.

Title 21, §§ 1289.7a and 1290.22(B) both state that no person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked motor vehicle, or from transporting and storing firearms locked in or locked to a motor vehicle on any property set aside for any motor vehicle.

A state administrative regulation prohibits transporting a loaded firearm in an area managed by the Oklahoma Department of Wildlife Lands Management. Okla. Admin. Code § 800:30-1-5(h). Another regulation generally prohibits possessing or carrying a loaded weapon in a motor vehicle, vessel or other mode of transportation in a state park. Okla. Admin. Code § 725:30-4-4.

Concealed Weapons Licensing Requirements

Oklahoma is a “shall issue” state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications.  Pursuant to Okla. Stat. tit. 21, § 1290.12, any person completing an application for a concealed handgun license who meets all the conditions of eligibility shall be issued a license by the Oklahoma State Bureau of Investigation (“OSBI”).

Section 1290.9 details the basic eligibility requirements for obtaining a concealed handgun license. A person seeking a license must:

• Be a citizen of the United States;
  
  
• Establish residency in Oklahoma (possess a valid Oklahoma driver license or state photo identification card, and physically reside in the state, or have permanent military orders within the state and possesses a valid driver license from the state where such person claims residency);
  
  
• Be at least 21 years of age;
  
  
• Complete a firearms safety and training course and demonstrate competence and qualifications with the type of handgun to be carried by the person per section 1290.14, and submit proof of such training and qualification or an exemption. Section 1290.12(A)(2). The handgun to be carried must be either a derringer, revolver, semiautomatic pistol, or some combination of these three. Section 1290.19(12). Details regarding the course can be found at Okla. Admin. Code §§ 390:40-9-1390:40-9-6;
  
  
• Submit the required fee and complete the application process per Okla. Stat. tit. 21, § 1290.12; and
  
  
• Comply in good faith with the provisions of the Oklahoma Self-Defense Act.
  
  

Section 1290.10 identifies persons who are ineligible to obtain a concealed handgun license. These include any person who:

• Is ineligible to possess a handgun due to any provision of law of the state (including section 1283, see the Oklahoma Background Checks section) or the United States Code;
  
  
• Is adjudicated incompetent pursuant to Oklahoma Mental Health Law, Tit. 43A, § 1-101 et seq., or an adjudication of incompetency entered in another state pursuant to any provision of law of that state;
  
  
• Makes any false or misleading statement on the application for a handgun license;
  
  
• Is convicted of any one of the certain misdemeanor offenses in the state or in any other state, including: any assault and battery which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction; any aggravated assault and battery; any stalking pursuant to Tit. 21, § 1173, or a similar law of another state; a violation relating to the Protection from Domestic Abuse Act, Tit. 22, § 60 et seq., or any violation of a victim protection order of another state; any conviction relating to illegal drug use or possession; or an act of domestic abuse as defined by Tit. 21, § 644, or an act of domestic assault and battery, or any comparable acts under the laws of another state;
  
  
• Has attempted suicide or has had any other condition relating to or indicating mental instability or an unsound mind within the last 10 years;
  
  
• Is currently undergoing treatment for a mental illness, condition, or disorder (i.e., “has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life”);
  
  
• Has significant character defects as evidenced by a misdemeanor criminal record indicating habitual criminal activity;
  
  
• Has failed to pay an assessed fine or surrender a previous license as required by a decision of the authorized administrative hearing examiner; or
  
  
• Is subject to an outstanding felony warrant.
  
  

Section 1290.10.

Other factors precluding a person from obtaining a concealed handgun license, some of which apply only for specified periods of time, are detailed in section 1290.11, and include:

• An arrest for a felony or a pending felony charge. The preclusive period shall continue until the final determination of the matter;
  
  
• A deferred sentence or deferred prosecution for the commission of a felony. The preclusive period shall be three years and shall begin upon the final determination of the matter;
  
  
• Any involuntary commitment for a mental illness, condition, or disorder pursuant to the provisions of Tit. 43A, § 5-410, or any involuntary commitment in another state pursuant to any provisions of law of that state.  The preclusive period shall be permanent as provided by 18 U.S.C. § 922(g)(4);
  
  
• Treatment for a mental illness, condition, or disorder that required medication or supervision as defined by paragraph 7 of Tit. 21, § 1290.10.  The preclusive period shall be three years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten years or more (see Okla. Admin. Code § 375:25-1-5.2 for details regarding the physician's statement);
  
  
• Inpatient treatment for substance abuse.  The preclusive period shall be three years from the last date of treatment, or upon presentation of a certified statement from a licensed physician stating that the person has been free from substance use for 12 months or more;
  
  
• Two or more convictions of public intoxication.  The preclusive period shall be three years from the date of the completion of the last sentence;
  
  
• Two or more misdemeanor convictions relating to intoxication or driving under the influence of an intoxicating substance or alcohol.  The preclusive period shall be three years from the date of the completion of the last sentence or shall require a certified statement from a licensed physician stating that the person is not in need of substance abuse treatment;
  
  
• A court order for a final victim protection order against the applicant, as authorized by Okla. Stat. tit. 22, § 60 et seq., or any court order granting a final victim protection order against the applicant from another state. The preclusive period shall be three years from the date of the entry of the final court order, or 60 days from the date an order was vacated, cancelled or withdrawn;
  
  
• Having an adjudicated delinquent or convicted felon residing in the applicant’s residence. The preclusive period shall be 30 days from the date the person no longer resides in the same residence as the applicant; or
  
  
• An arrest for an alleged commission of, a charge pending for, or being subject to a deferred sentence or a deferred prosecution for one or more of the following misdemeanor offenses in the state or another state:  any assault and battery which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction; any aggravated assault and battery; any stalking pursuant to Tit. 21, § 1173, or a similar law of another state; a violation relating to the Protection from Domestic Abuse Act, Tit. 22, § 60 et seq., or any violation of a victim protection order of another state; any conviction relating to illegal drug use or possession; or an act of domestic abuse as defined by Tit. 21, § 644, or an act of domestic assault and battery, or any comparable acts under the laws of another state.  The preclusive period shall be three years and shall begin upon the final determination of the matter.
  
  

In addition, OSBI must deny the license if the applicant is 28 years of age or younger and a record on the state's Juvenile Online Tracking System indicates that within the last ten years the applicant was adjudicated a delinquent for an offense that would constitute a felony if committed by an adult. Section 1290.12(A)(11)(b).

For detailed information on the application process and the background check procedure by OSBI, please see sections 1290.12; 1290.18; Okla. Admin. Code §§ 375:25-1-1—375:25-1-10.

The fee for a concealed handgun license is $100, plus the cost of the required photographs and fingerprints. Section 1290.12(A)(4), (6), (8).

The OSBI must either issue a concealed handgun license or deny the application within 90 days of receipt of the required application information from the county sheriff. Section 1290.12, paragraph A12.

Any person issued a concealed handgun license “who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent...to possess or have control of any [handgun] authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony.”  Section 1283(E). The fine for a violation of this subsection may be as high as $5,000, and the person’s handgun license may be revoked. Id.

Subject to limited exceptions, any person who possesses a handgun on or about his or her person or in a container, whether the firearm is loaded or unloaded, and whether concealed or unconcealed, without a valid concealed handgun license, is criminally liable for a misdemeanor. Section 1272. This section does not prohibit the proper use of guns for hunting, educational, recreational, and historical purposes. Id. Section 1290.4 also prohibits carrying a "concealed handgun" without a license or as otherwise provided by law. See also section 1290.7 (stating that a concealed handgun license does not authorize a person to do anything otherwise prohibited by law). "Concealed handgun" is defined as "a loaded or unloaded pistol 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." Section 1290.2(1). See also section 1290.2(2) (defining "pistol" to include revolvers).

Section 1290.6 limits the types of ammunition that may be used when a license holder carries a concealed weapon loaded.

For circumstances where the OSBI may suspend or revoke a concealed handgun license, and any penalties relating to suspension or revocation, see section 1290.17.

                    Disclosure or Use of Information

The OSBI shall maintain an automated listing of all persons issued a concealed handgun license, as well as all suspended or revoked licenses, along with any forms, photographs, fingerprints and other pertinent information on each applicant/licensee. Okla. Stat. tit. 21 § 1290.13. This information shall only be available to a law enforcement officer or law enforcement agency upon request for law enforcement purposes.  Id.

                    Duration & Renewal

A concealed handgun license shall be valid for a period of five years.  Tit. 21, § 1290.5(A).

A license may be renewed any time within 90 days prior to its expiration date. Section 1290.5(B). To renew the license, the licensee must complete the renewal form, attach two current passport size photographs, and submit an $85 renewal fee. Id. The state bureau of investigation will conduct a criminal history records name search, and an investigation of medical records and other information deemed to be relevant to renewal. Id. If the applicant does not fall into any prohibited category, the license will be issued for a period of five years. Id. The training requirements for issuance of an original license do not apply to a renewal. Okla. Admin. Code § 375:25-1-7(a).

                    Location Limits

Under Oklahoma Statutes title 21 § 1277(A), it is a misdemeanor (punishable by up to a $250 fine) for any person in possession of a valid concealed handgun license to carry a concealed handgun into:

• Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;
  
  
• Any meeting of any city, town, county, state or federal officials, school board members, legislative members, or any other elected or appointed officials;
  
  
• Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent;
  
  
• Any elementary or secondary school, or technology center school property;
  
  
• Any sports arena during a professional sporting event;
  
  
• Any place where pari-mutuel wagering is authorized by law; and
  
  
• Any other place specifically prohibited by law.
  
  

For purposes of each of the prohibited locations above, except elementary and secondary schools, technology center school property, and other places specifically prohibited by law, the prohibited place does not include:

• Any property set aside for the use of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority;
  
  
• Any property set aside for the use of any vehicle, whether attended or unattended, by any entity offering any professional sporting event which is open to the public for admission, or by any entity engaged in pari-mutuel wagering authorized by law;
  
  
• Any property adjacent to a structure, building or office space in which concealed weapons are prohibited by the provisions of this section; and
  
  
• Any property designated by a city, town, county, or state governmental authority as a park, recreational area, or fairgrounds; provided nothing in this subparagraph shall be construed to authorize any entry by a person in possession of a concealed handgun into any structure, building or office space which is specifically prohibited under section 1277(A).
  
  

Section 1277(B).

No person in possession of a concealed handgun shall be authorized to carry the handgun into or upon any college or university property.  Section 1277(D).  Pursuant to section 1277(D), the following property shall not be construed as prohibited for persons having a valid concealed handgun license:

• Any property set aside for the use of any vehicle, whether attended or unattended, provided the handgun is carried or stored as required by law and the handgun is not removed from the vehicle without the prior consent of the college or university president while the vehicle is on any college or university property;
  
  
• Any property authorized for possession or use of handguns by college or university policy; and
  
  
• Any property authorized by the written consent of the college or university president, provided the written consent is carried with the handgun and the valid concealed handgun license while on college or university property.
  
  

Nothing contained in any provision of the Oklahoma Self-Defense Act, section 1290.1 et seq., shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity. Section 1290.22. An exception to this provision precludes any person, property owner, tenant, employer, or business entity from establishing a policy or rule that would prohibit any person (except a convicted felon) from transporting and storing a firearm in a locked vehicle on any property set aside for a vehicle. Id.

Any person possessing a valid concealed handgun license may carry the concealed handgun into any restaurant or other establishment licensed to sell low-point beer or alcoholic beverages, provided that the sale of such beverages does not constitute the primary purpose of the business.  Sections 1272.1, 1272.2.

Concealed handgun license holders are also subject to generally applicable limits on the locations where firearms may be carried, except as otherwise noted. Please see the Possession Restrictions subsection above for further information.

                    Reciprocity

Under Oklahoma Statutes title 21, § 1290.26, the State of Oklahoma recognizes any valid concealed carry weapons permit or license issued by another state. In addition:

Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid.   The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state.

Id.

Any person age 21 or older who possesses a valid firearm license from another state may apply for an Oklahoma concealed handgun license upon establishing a residence in Oklahoma.  Id.

                    Brady Exemption

Concealed weapons permit holders in Oklahoma are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Oklahoma Statutes title 21, § 1273(B) states that:

It shall be unlawful for any parent or guardian to intentionally, knowingly, or recklessly permit his or her child to possess any [firearm]…if such parent is aware of a substantial risk that the child will use the weapon to commit a criminal offense or if the child has either been adjudicated a delinquent or has been convicted as an adult for any criminal offense.

A "child" is defined as a person under 18 years of age. Section 1273(E).

Under title 21, § 858, any parent or guardian of a child under age 18 whose child commits the crime of possession of a firearm on school property may be fined an administrative penalty not to exceed $200, or ordered to perform up to 40 hours of community service, or incur both the fine and community service.

Oklahoma does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Oklahoma Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Oklahoma Background Checks section.

Federally Licensed Firearms Dealers

There are 1,268 federally licensed firearms dealers and pawnbrokers in Oklahoma. Federal firearms licensee totals for Oklahoma as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

No relevant statutes currently exist.

Pursuant to Oklahoma Statutes title 21, § 1289.24a:

1.  [T]he state Legislature declares that the lawful design, marketing, manufacturing, or sale of firearms or ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance.

2.  The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an act of the Legislature or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacturing, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state.  This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority…[and this section]...shall not be construed to prohibit an individual from bringing a cause of action based upon an existing recognized theory of law.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

State administrative regulations govern the storage of firearms in:

• Child care centers (Okla. Admin. Code § 340:110-3-11);

• Facilities for part-day children's programs (Okla. Admin. Code § 340:110-3-44(c)(3)(D));

• Family child care homes (Okla. Admin. Code § 340:110-3-86(a)(6));

• Residential child care facilities (Okla. Admin. Code § 340:110-3-157(j)(2));

• Therapeutic camps for children (Okla. Admin. Code § 340:110-3-195(f)(2));

• School-age child care facilities (Okla. Admin. Code § 340-110-3-229(a)(3)(D));

• Foster homes (Okla. Admin. Code § 340:110-5-60(b)(3)); and

• Group homes for children (Okla. Admin. Code § 340:110-5-96(b)).

Oklahoma prohibits a child (person under age 18) from possessing any firearm except a rifle or shotgun used for participation in hunting animals, hunter safety classes, target shooting, skeet, trap or other recognized sporting events (provided the child is not otherwise prohibited from possessing firearms). Okla. Stat. tit. 21, § 1273 (C), (E), § 1283(D).

In addition, under section 1271.1(A), whenever a person under age 18 is detained or arrested by a law enforcement officer and is carrying any firearm prohibited by section 1272, the firearm may be confiscated and forfeited to the State of Oklahoma.

Oklahoma prohibits any person from selling or giving to a child under age 18 any firearm, provided that "the provisions of this section shall not prohibit a parent from giving his or her child a rifle or shotgun for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting events..." Section 1273(A), (E). Any person who violates the provisions under section 1273 shall be liable for civil damages for injury or death to any person and for any property damage resulting from the discharge of a firearm. Section 1273(D). Please note that federal law prohibits licensed dealers from selling or delivering handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (c)(1).

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Oklahoma, although federal and state purchaser prohibitions still apply.  See the Oklahoma Background Checks section.

Oklahoma prohibits any person from selling to or giving a child (under 18 years of age) any firearm, provided that “the provisions of this section shall not prohibit a parent from giving his or her child a rifle or shotgun for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting events...” Okla. Stat. tit. 21. § 1273(A), (E). Any person who violates the provisions under section 1273 prohibiting the possession of firearms by minors shall be liable for civil damages for injury or death to any person and for any property damage resulting from the discharge of a firearm. Section 1273(D).

Similarly, no person may knowingly transmit, transfer, sell, lend or furnish any firearm to a person who is under an adjudication of “mental incompetency,” or to a person who is “mentally deficient or of unsound mind.” Section 1289.10.

Finally, no person may knowingly sell, trade, give, transmit or otherwise cause the transfer of a firearm to any convicted felon, adjudicated delinquent, or any individual who is under the influence of alcohol or drugs or is mentally or emotionally unbalanced or disturbed. Section 1289.12. All persons who engage in selling, trading or otherwise transferring firearms must display this section prominently in full view at or near the point of normal firearms sale, trade or transfer. Id.

Oklahoma Statutes title 21 § 1290.12(B) states that "[n]othing in any provision of the Oklahoma Self-Defense Act [tit. 21, §§ 1290.1—1290.26] shall be construed to require or authorize the registration, documentation or providing of serial numbers with regard to any firearm." No other relevant statutes currently exist.

No relevant statutes currently exist.