New Oklahoma Open Carry

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wo1/1911

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I already posess a ccl from Texas, on November 1st will I be able to carry openly in Oklahoma? I'm a little confused after all my research. Does anybody have an answer?
 
Oklahoma is real good about respecting other states CC or OC Laws...Oklahoma just passed open carry which will go into effect Nov. 1, 2012.
Oklahoma even allows Arizona residence to open carry in our state before Oklahoma residents were allowed.
So what ever Texas allows Oklahoma will respect...expect longhorns!
 
SoonerOKC said:
Oklahoma is real good about respecting other states CC or OC Laws...Oklahoma just passed open carry which will go into effect Nov. 1, 2012.
Oklahoma even allows Arizona residence to open carry in our state before Oklahoma residents were allowed.
So what ever Texas allows Oklahoma will respect...expect longhorns!
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Completely 100% false information. Oklahoma only recognizes other states' permits as being valid in Oklahoma. However, persons must still carry firearms in Oklahoma in accordance with Oklahoma's laws, not their home state. Whatever is prohibited for an Oklahoma resident is also prohibited for any person from another state carrying in Oklahoma on an out-of-state permit.

Just like a driver's license. The laws of the state you are driving in at the time apply to you, not your home state's traffic laws.
 
So I'm understanding - A TXCHL holder may carry open or concealed in OK beginning Nov 1, 2012 (As long as you remember to cover it up when coming south over the Red River)? Is this correct?
 
As a Oklahoma State certified instructor I can confirm NavyLCDR does have this correct.

The Oklahoma Self Defense Act beginning 01 Nov 2012 allows for open carry to any person with a authorized concealed carry permit. In order to open carry one must have the license/permit and your drivers license in your possession. HOWEVER this action may be banned by some counties

Please note that Oklahoma does require notification to police upon any contact - contact = any interaction with a police officer conversation, traffic stop etc
 
nodaywithout said:
HOWEVER this action may be banned by some counties
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You are mistaken. Read Senate Bill 1733, especially the following section:
http://webserver1.lsb.state.ok.us/cf/2011-12 ENR/SB/SB1733 ENR.DOC

"Section 1289.24.

FIREARM REGULATION – STATE PREEMPTION

A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.

2. A municipality may adopt any ordinance:

a. relating to the discharge of firearms within the jurisdiction of the municipality, and

b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.

3. As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.

B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies.

C. Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property.

D. When a person’s rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both."

(The three biggest sources of misinformation regarding firearms laws continues to be Law Enforcement Officers, gun shop employees and handgun license instructors.)
 
My apologies for my previous comment "however some counties...." I had it wrong, as I had overlooked a change in the law. This is my fault for the oversight, and I appreciate the prior poster for posting the SB 1733 section.

I don't however agree with his comment of the three primary pieces of misinformation comment entirely. Yes people in each of these catagories get it wong sometimes, some more than others while others are just plain wrong. In the end we make mistakes as we are all human.
 
nodaywithout said:
My apologies for my previous comment "however some counties...." I had it wrong, as I had overlooked a change in the law.
Click to expand...

This was no change in the law! Oklahoma has had state preemption since the beginning of the Oklahoma Self Defense Act! Preemption was simply strengthened to send a firm message to the municipal governments that they must abide by state law and not to try to do their own workarounds.

nodaywithout said:
I don't however agree with his comment of the three primary pieces of misinformation comment entirely. Yes people in each of these catagories get it wong sometimes, some more than others while others are just plain wrong. In the end we make mistakes as we are all human.
Click to expand...

You may not agree with my comment, and yet my comment is proven time and again to be true. The three biggest sources of misinformation regarding firearms laws has proven time and again to be LEOs, gun store employees, and CCW instructors. These are also the three groups of people who get asked most frequently what the laws are.

LEO will tell you what information they were provided in training mixed in with their own opinions of whether or not ordinary Joe Citizens should carry guns or not. They are not legal experts. They can't know everything about every law on the books. Yet for some reason people seem to think that they should know everything about every firearm law.

CCW Instructors tend to mix their opinions in with the facts and it is difficult for those who don't know the facts to differentiate between the two. Many times, they just plain don't know the law. Also, many CCW Instructors will go overboard to express extra conservative views to their students because the last thing they want is for one of their students to be in a hassle with a LEO so they will tell them things like "Don't open carry, because you will get arrested!" and won't tell the students what is legal, not legal, nor inform their students of their rights. Some have even gone so far as to teach their students to not use their gun for self defense until the criminal actually shoots at them first.

Gun store employees.....that's easy. If you wanted to win the Indianapolis 500, would you hire the 18 year old guy from the oil change pit at Jiffy Lube to manage your pit crew? And, that is not saying anything bad about the 18 year old guy...he does great oil changes. He just has a limited area of expertise.

I am simply pointing out that if you want to present factual information AND you want credibility, the best way to gain that is to post what the law actually says from a government source. And, if you really want to know what the law says and what a person knows about it, don't ask someone what the law says....ask them where to find it.
 
The thing is by strenthing it and making a srtion specific to open carry it is a new law. the parts that are new are underlined in the final verion of the sb. The parts that have a line through it are removed. The entire section that speaks to open carry (section 3) is new
 
nodaywithout said:
The entire section that speaks to open carry (section 3) is new
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True. However, the actual preemption statute portion remained unchanged, and counties or other municipalities were never able to enact their own gun bans since the original SDA was enacted.

B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies.

The added section 3 just informs local municipalities to not try any crap like citing a person breaking no laws for "disturbing the peace" and/or other B.S. charge.
 
This is found near the bottom of sb1733, and may be of some help.


Section 1290.26.

RECIPROCAL AGREEMENT AUTHORITY

The State of Oklahoma hereby recognizes any valid concealed or unconcealed carry weapons permit or license issued by another state.

Any person entering this state 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 this state; 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. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a handgun license in this state immediately upon establishing a residence in this state.

I hope it helps.
Remember this starts on nov.1st
 
Last edited:
Monkey9 said:
I can't wait until Nov. 1 in Oklahoma when open carry will be legal again. Yay
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Yes with a permit.
I too can't wait. I remember the days I use to carry a ruger blackhawk 44 mag on my hip loaded with shot shells for snakes when fishing and hunting.
It sure would make a mess of a snake. I can see a reason for a taurus judge now.
 
New to the forum. Good information. I will continue to carry concealed. My personal preference. Wearing it open for hunting, fishing or target practice was never an issue as long as it was properly concealed getting to and from those sites. Although fishing on a boat would probably be looked at a little more closely as a "public" place. It will always require some common sense as well as sensitivity toward others. .
 
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