Ammunition Regulation in Oklahoma

Oklahoma bans the possession, carrying, use, attempted use, manufacture, importation, advertising for sale or sale of any “restricted bullet.”1

A “restricted bullet” is a round or elongated missile with a core of less than 60% lead and that has a fluorocarbon coating, designed to travel at high velocity and capable of penetrating body armor.2

Oklahoma also prohibits carrying a concealed handgun loaded with ammunition larger than .45 caliber.3

In 2011, Oklahoma enacted a law prohibiting certain conduct relating to fraudulent purchase of ammunition. See our Oklahoma Trafficking section.

Oklahoma does not:

  • Require a license for the sale of ammunition;
  • License persons who purchase or possess ammunition;
  • Require sellers of ammunition to maintain a record of the purchasers; or
  • Prohibit persons who are ineligible to purchase or possess firearms under state law from purchasing or possessing ammunition, although the federal ammunition purchaser prohibitions apply.

See our Ammunition Regulation policy summary for a comprehensive discussion of this issue.

Notes
  1. Okla. Stat. Ann. tit. 21, §§ 1289.20, 1289.21. ⤴︎
  2. Okla. Stat. Ann. tit. 21, § 1289.19. ⤴︎
  3. Okla. Stat. Ann. tit. 21, § 1290.6. ⤴︎

Background Checks in Oklahoma

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Oklahoma is not a point of contact state for firearm purchaser background checks.1 In Oklahoma, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.

See our Background Checks policy summary for a comprehensive discussion of this issue.

Oklahoma does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See our Private Sales policy summary.

Notes
  1. Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map. ⤴︎

Child Access Prevention in Oklahoma

In Oklahoma:

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 that contains as an element the threat or use of physical force against the person of another.1

A “child” is defined as a person under 18 years of age.2

Oklahoma law also specifically penalizes any parent or guardian of a child under age 18 whose child commits the crime of possession of a firearm on school property.3

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

Notes
  1. Okla. Stat. Ann. tit. 21, § 1273(B). ⤴︎
  2. Okla. Stat. Ann. tit. 21, § 1273(E). ⤴︎
  3. Okla. Stat. Ann. tit. 21, § 858. ⤴︎

Concealed Weapons Permitting in Oklahoma

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

In 2019, Oklahoma repealed its requirement that people obtain a license and background check to carry firearms in public. Effective November 1, 2019, it authorizes any person who may legally purchase and possess a firearm and is at least 21 years of age to carry openly or concealed in public.1

Oklahoma still issues handgun licenses for people who may wish to obtain them for the purposes of carrying in other states.

Oklahoma defines a “Concealed handgun” as “a loaded or unloaded [handgun], the presence of which is not openly discernible to the ordinary observation of a reasonable person.2

Eligibility for Handgun License in Oklahoma

As a “shall issue” state, Oklahoma requires the Oklahoma State Bureau of Investigation (“OSBI”) to issue a handgun license to any applicant who meets all of the conditions of eligibility for a handgun license.3  To be approved, a person seeking a handgun license must:4

  • 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 maintain a residence in the state or have permanent military orders within the state and possess 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 handgun license include any person who:5

  • Is ineligible to possess a handgun due to any felony conviction or adjudication as a delinquent;6
  • Has a felony conviction pursuant to the law of any state, the United States, or a foreign nation;7
  • Is adjudicated incompetent in Oklahoma8 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 certain enumerated misdemeanor offenses 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 offense under Oklahoma law or similar law of another state; a violation of the Oklahoma Protection from Domestic Abuse Act9 or any violation of a victim protection order of another state; a conviction relating to illegal drug use or possession within the last ten years; 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 handgun license, some of which apply only for specified periods of time, include:10

  • 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 law11 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,12 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;13
  • 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,14 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 law15 or a similar law of another state; a violation of the Oklahoma Protection from Domestic Abuse Act,16 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,17 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.18

Handgun License Application Process

Oklahoma requires that OSBI, upon receipt of a handgun license application and required information from the sheriff, must forward one full set of fingerprints of the applicant to the Federal Bureau of Investigation for a national criminal history records search.19  OSBI is directed to “make a reasonable effort to investigate the information submitted by the applicant and the sheriff, to ascertain whether or not the issuance of a handgun license would be in violation of the provisions of the Oklahoma Self-Defense Act.”20 The investigation by the Bureau of an applicant shall include, but shall not be limited to: a statewide criminal history records search, a national criminal history records search, a Federal Bureau of Investigation fingerprint search, and if applicable, an investigation of medical records or other records or information deemed by the Bureau to be relevant to the application.21

If the background check shows no records pertaining to the applicant, OSBI must either issue a 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.22 In all other cases, OSBI must either issue or deny the license within 90 days of receipt of this information.23 Since 2012, Oklahoma law now also instructs OSBI to issue handgun licenses by first-class mail directly to approved applicants, instead of through local law enforcement officials.24

For detailed information on the handgun license application process and the background check procedure by OSBI, see Okla. Stat. Ann. tit., 21, §§ 1290.12, 1290.18; Okla. Admin. Code §§ 375:25-1-1—375:25-1-10. For circumstances where the OSBI may suspend or revoke a concealed handgun license, and any penalties relating to suspension or revocation, see Okla. Stat. Ann. tit., 21, § 1290.17.

Firearm Safety Training

Applicants for handgun licenses to carry a concealed or unconcealed handgun must successfully complete a firearms safety and training course conducted by a registered and approved firearms instructor or from an interactive online firearms safety and training course available electronically via the Internet approved and certified by the Council on Law Enforcement Education and Training.25 The applicant must further demonstrate competence and qualification with an authorized handgun of the type or types that the applicant desires to carry concealed.26

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.27

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.28 Successful applicants receive a certificate of completion of the course.29

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.30 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.31

Duration & Renewal

A handgun license is generally valid for a period of five years.32 Since November 1, 2007, license applicants or renewal applicants have had the option of making their license valid for a period of 10 years.33

A license may be renewed any time within 90 days prior to its expiration date.34 Applicants have three years from the expiration of the license to comply with the renewal requirements, however.35 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.36

Disclosure or Use of Information

OSBI is required to maintain an automated listing of all persons issued a handgun license, as well as all suspended or revoked licenses, along with any forms, photographs, fingerprints and other such information on each applicant/licensee.37 This information is only available to a law enforcement officer or agency upon request for law enforcement purposes.38

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.39

Reciprocity

Oklahoma recognizes any valid concealed or unconcealed carry weapons permit or license issued by another state.40

Any person entering [Oklahoma] 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 [Oklahoma]; provided the license from the other state remains valid. The firearm must either be carried unconcealed or 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 or unconcealed firearm pursuant to a valid concealed or unconcealed carry weapons permit or license issued in another state.41

Additionally, since 2012, Oklahoma has also authorized firearm owners residing in nonpermitting carry states to carry a concealed firearm in Oklahoma provided they are authorized for concealed carry upon the authority of a nonpermitted carry state and are otherwise in compliance with the Oklahoma Self-Defense Act. The person must carry the firearm fully concealed from detection and view, and upon coming in contact with any peace officer of Oklahoma, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to the nonpermitting laws of the state in which he or she is a legal resident.42

Any person age 21 or older who possesses a valid firearm license from another state may apply for an Oklahoma handgun license immediately upon establishing a residence in Oklahoma.43

 

 

Notes
  1. 2019 OK HB 2597. ⤴︎
  2. (Okla. Stat. Ann. tit. 21, § 1290.2(A)(1). See also Okla. Stat. Ann. tit. 21, § 1290.2(A)(3)(defining “pistol” to include revolvers). ⤴︎
  3. See Okla. Stat. Ann. tit. 21, § 1290.12(A)(13). ⤴︎
  4. Okla. Stat. Ann. tit. 21, § 1290.9. ⤴︎
  5. Okla. Stat. Ann. tit. 21, § 1290.10. ⤴︎
  6. See Okla. Stat. Ann. tit. 21, § 1283(B). ⤴︎
  7. Id. ⤴︎
  8. See Okla. Stat. Ann. tit. 43A, § 1-101 et seq. ⤴︎
  9. Okla. Stat. Ann. tit. 22, § 60 et seq. ⤴︎
  10. Okla. Stat. Ann. tit. 21, § 1290.11. ⤴︎
  11. See Okla. Stat. Ann. tit. 43A, § 5-410. ⤴︎
  12. See Okla. Stat Ann. tit. 21, § 1290.10. ⤴︎
  13. See Okla. Admin. Code § 375:25-1-5.2 for details regarding the physician’s statement. ⤴︎
  14. As authorized by Okla. Stat. Ann. tit. 22, § 60 et seq. ⤴︎
  15. See Okla. Stat. Ann. tit. 21, § 1173. ⤴︎
  16. Okla. Stat. Ann. tit. 22, § 60 et seq. ⤴︎
  17. Okla. Stat. Ann tit. 21, § 644. ⤴︎
  18. Okla. Stat. Ann. tit. 21, § 1290.12(A)(12)(b). ⤴︎
  19. Okla. Stat. Ann. tit. 21, § 1290.12(A)(10). ⤴︎
  20. Okla. Stat. Ann. tit. 21, § 1290.12(A)(12). ⤴︎
  21. Id. ⤴︎
  22. Okla. Stat. Ann. tit. 21, § 1290.12(A)(13). ⤴︎
  23. Id. ⤴︎
  24. Okla. Stat. Ann. tit. 21, § 1290.12(A)(13). ⤴︎
  25. Okla. Stat. Ann. tit. 21, §§ 1290.12(A)(2), 1290.14(A). ⤴︎
  26. Id. ⤴︎
  27. Okla. Stat. Ann. tit. 21, § 1290.14(E). ⤴︎
  28. Id. ⤴︎
  29. Id. ⤴︎
  30. Okla. Stat. Ann. tit. 21, § 1290.14(B). ⤴︎
  31. Id. ⤴︎
  32. Okla. Stat. Ann. tit. 21, § 1290.5(A). ⤴︎
  33. Okla. Stat. Ann. tit. 21, § 1290.5(C). ⤴︎
  34. Okla. Stat. Ann. tit. 21, § 1290.5(B). ⤴︎
  35. Id. ⤴︎
  36. Id. ⤴︎
  37. Okla. Stat. Ann. tit. 21 § 1290.13. ⤴︎
  38. Id. ⤴︎
  39. Okla. Stat. Ann. tit. 21, § 1290.16. ⤴︎
  40. Okla. Stat. Ann. tit, 21, § 1290.26. ⤴︎
  41. Okla. Stat. Ann. tit, 21, § 1290.26(A). ⤴︎
  42. Okla. Stat. Ann. tit, 21, § 1290.26(B). ⤴︎
  43. Okla. Stat. Ann. tit, 21, § 1290.26(C). ⤴︎

Dealer Regulations in Oklahoma

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees.

Oklahoma does not require firearms dealers to obtain a state license.

For laws:

See our Dealer Regulations policy summary for a comprehensive discussion of this issue.

Disarming Prohibited Persons in Oklahoma

Oklahoma generally has no laws requiring the disarming of prohibited persons.  Oklahoma does require law enforcement to remove any weapon or instrument – including a firearm – when an officer has probable cause to believe the weapon or instrument has been used to commit an act of domestic abuse, but only if the abuser is simultaneously arrested.1

 

 

Notes
  1. Okla. Stat. Ann. tit. 22, § 60.8(A). ⤴︎

Domestic Violence & Firearms in Oklahoma

Oklahoma has no law:

  • Prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition (unlike federal law);
  • Prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition (unlike federal law); or
  • Requiring the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law.

Notice to Protective Order Defendants Regarding Federal Prohibition

In Oklahoma, a person’s ex parte or final protective orders must state, among other things, that possession of a firearm or ammunition while the order is in effect may subject the person to prosecution under federal law “even if the order does not specifically prohibit the person from possessing firearms or ammunition.”1

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

Oklahoma requires law enforcement to remove any weapon or instrument – including a firearm – when an officer has probable cause to believe the weapon or instrument has been used to commit an act of domestic abuse, but only if the abuser is simultaneously arrested.2

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Notes
  1. Okla. Stat. Ann. tit. 22, § 60.11. ⤴︎
  2. Okla. Stat. Ann. tit. 22, § 60.8(A). ⤴︎