Citation(s) from the GunPolicy.org literature library
State of Oklahoma. 2012 ‘Okla. Stat. Ann. tit. 21, § 1290.12, etc..’ Firearms Law Database - Concealed Weapons Permitting in Oklahoma. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 January
Concealed Weapons Permitting in Oklahoma
Oklahoma is a "shall issue" state, meaning that local law enforcement must issue a concealed handgun license if the applicant meets certain qualifications. The Oklahoma State Bureau of Investigation ("OSBI") must issue a license to any person who meets all of the conditions of eligibility for a concealed handgun license.
A person seeking a concealed handgun license must:
- Be a citizen of the United States;
- Establish residency in Oklahoma (possess a valid Oklahoma driver's 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 the person claims residency);
- Be at least age 21;
- Complete a firearms safety and training course and demonstrate competence and qualifications with the type of handgun to be carried by the person, and submit proof of such training and qualification or an exemption;
- Submit the required fee and complete the application process; and
- Comply in good faith with the provisions of the Oklahoma Self-Defense Act.
Persons who are ineligible to obtain a concealed handgun license include any person who:
- Is ineligible to possess a handgun due to any felony conviction or adjudication as a delinquent;
- Has a felony conviction pursuant to the law of any state, the United States, or a foreign nation;
- Is adjudicated incompetent in Oklahoma or 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 under Oklahoma law or similar law of another state; a violation of the Oklahoma Protection from Domestic Abuse Act 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 under Oklahoma law, 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 ten 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.
Other factors precluding a person from obtaining a concealed handgun license, some of which apply only for specified periods of time, include:
- An arrest for a felony or a pending felony charge. The person is precluded until the final determination of the matter;
- A deferred sentence or deferred prosecution for the commission of a felony. The person is precluded for three years from the final determination of the matter;
- Any involuntary commitment for a mental illness, condition, or disorder under Oklahoma law or any involuntary commitment in another state pursuant to any provisions of law of that state;
- Treatment for a mental illness, condition, or disorder that required medication or supervision, per Oklahoma law, unless a licensed physician certifies 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. Otherwise, the person is precluded for three years from the last date of treatment;
- Inpatient treatment for substance abuse unless a licensed physician certifies that the person has been free from substance use for 12 months or more. Otherwise, the person is precluded for three years from the last date of treatment;
- Two or more convictions of public intoxication. The person is precluded for 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, unless a licensed physician certifies that the person is not in need of substance abuse treatment. Otherwise, the person is precluded for three years from the date of the completion of the last sentence;
- A court order for a final victim protection order against the applicant, or any court order granting a final victim protection order against the applicant from another state. The person is precluded for 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 person is precluded until 30 days after 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: assault and battery which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction; aggravated assault and battery; stalking under Oklahoma law or a similar law of another state; a violation of the Oklahoma Protection from Domestic Abuse Act, or any violation of a victim protection order of another state; any violation relating to illegal drug use or possession; or an act of domestic abuse under Oklahoma law, or an act of domestic assault and battery or comparable acts under the laws of another state. The person is precluded for three years following 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 delinquent for an offense that would constitute a felony if committed by an adult.
If the background check shows no records pertaining to the applicant, OSBI must either issue a concealed handgun license or deny the application within 60 days of receipt of the applicant's completed application and the required information from the county sheriff. In all other cases, OSBI must either issue or deny the license within 90 days of receipt of this information.
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. This section does not prohibit the proper use of guns for hunting, educational, recreational, and historical purposes. State law also specifically prohibits carrying a concealed handgun without a license or as otherwise provided by law. "Concealed handgun" is defined as "a loaded or unloaded [handgun] 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."
Firearm Safety Training
Applicants for concealed handgun licenses must successfully complete a firearms safety and training course conducted by a registered and approved firearms instructor. The applicant must further demonstrate competence and qualification with an authorized handgun of the type or types that the applicant desires to carry concealed.
Course content shall include: a) a safety inspection of the firearm to be used by the applicant; b) instruction on handling, safety and storage; c) dynamics of ammunition and firing; d) methods or positions for firing a handgun; e) information about the criminal provisions of Oklahoma law relating to firearms; f) the requirements of the Oklahoma Self-Defense Act; g) self-defense and the use of appropriate force; h) a practice shooting session; and i) a familiarization course.
The required firearms safety and training course and the demonstration of competency and qualification shall be designed and conducted so requirements can be completed in eight hours. The instructor-to-student ratio of a course must not exceed ten students. Successful applicants receive a certificate of completion of the course.
The Oklahoma Council on Law Enforcement Education and Training (CLEET) is required to establish criteria for approving firearms instructors for training and qualifying individuals for a concealed handgun license. Such applicants must attend a state-authorized firearms instructor school and complete a course of a minimum of 16 hours that qualifies the person to provide instruction on revolvers, semiautomatic pistols, or both.
Duration & Renewal
A concealed handgun license is generally valid for a period of five years. Since November 1, 2007, license applicants or renewal applicants have had the option of making their license valid for a period of 10 years.
A license may be renewed any time within 90 days prior to its expiration date. Applicants have three years from the expiration of the license to comply with the renewal requirements, however. To renew his or her license, a licensee must complete the renewal form, attach two current passport size photographs, and submit an $85 renewal fee. OSBI conducts a criminal history records name search, and an investigation of medical records and other relevant information. If the applicant does not fall into any prohibited category, OSBI issues a renewal license valid for either five or 10 years.
Disclosure or Use of Information
OSBI is required to 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 such information on each applicant/licensee. This information is only available to a law enforcement officer or agency upon request for law enforcement purposes.
Each year, OSBI must submit a statistical report for the preceding calendar year to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, including, but not limited to, data on the numbers of handgun licenses approved and issued and the numbers of licenses suspended, revoked or denied in the following categories: age, sex, race, county and any other category deemed relevant by the Bureau.
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.
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…