If you live in Oklahoma and own a gun, it is critical to understand the laws governing buying, selling and carrying your firearm. Fortunately, Oklahoma law provides strong Second Amendment protections. However, if you facing criminal gun charges, you should immediately contact a criminal defense attorney for help.
Who Can Possess a Gun in Oklahoma?
Oklahoma requires you to be 18 years or older to possess a gun in Oklahoma, unless the firearm is for safety training, hunting, target shooting, or other similar sporting events. It is also illegal to possess a gun in Oklahoma if you:
- Have been found by the court to be a delinquent minor for a crime that would be a felony if an adult committed it
- Have been convicted of a felony or are on probation
- Are in the United States unlawfully
- Have been convicted of a domestic assault or• battery charge
- Have an active restraining or protective order against you
Buying and Selling Firearms in Oklahoma
Oklahoma does not require you to have a permit or license to purchase a gun, but you must be at least 18 years of age. It is illegal to sell a firearm to a minor under the age of 18 years, with the exception that a minor’s parent may purchase the gun for safety training, hunting, or other sporting events. Additionally, Oklahoma does not require you to register your firearms.
A federal law known as the Brady Act requires background checks when you purchase a gun from a federally licensed gun dealer. Oklahoma dealers are required to follow the Brady Act. If the background check reveals that you are a felon, fugitive, or have other disqualifications, you are not permitted to buy a gun.
At this point in time, Oklahoma has not enacted state laws that require private gun sellers to conduct background checks. However, Oklahoma has other protective laws preventing anyone from selling, trading, or transferring a gun to:
- a convicted felon
- a person under the influence
- a minor
- a mentally ill or emotionally disturbed person
It is illegal to sell or to buy a gun if any of the above conditions apply. Additionally, it is a crime to provide false information to a private or licensed dealer when purchasing a firearm.
Transporting and Carrying Firearms
Having a firearm in your car when you are driving is referred to as “transporting” a firearm in Oklahoma. If you are legally in possession of a gun under Oklahoma law, you can transport a loaded or unloaded handgun in your vehicle. If you are transporting a shotgun or rifle in a vehicle, it must be unloaded and stored in a locked compartment.
It is important to note that if you are transporting a firearm and you are pulled over by law enforcement, and the officer asks if you have a gun, you are required to inform the officer that you have a gun in your vehicle.
The term “carrying” means having a gun on your physical person. If you are over the age of 21 years and you are legally allowed to possess a gun, you are permitted to carry them. Oklahoma allows you to carry openly or concealed and without a permit. There are a few exceptions, including you cannot carry a firearm while you are under the influence of alcohol or drugs. There are certain venues where you are generally prohibited from carrying firearms such as government buildings, schools, bars, and sports venues. Property owners and businesses have the right to prohibit firearms on their property, so if you see a posted sign prohibiting guns, you should abide by it.
Do not Face Gun Charges Alone
Although Oklahoma provides strong protections under its gun laws, there are still ways to land yourself in trouble. Do not face gun charges alone. Seeking the help of an experienced criminal defense attorney can help ensure the best outcome possible.
Contact an Oklahoma Criminal Defense Lawyer Today
If you are facing criminal charges it is critical to seek the help of experienced criminal defense professionals. Our BMO criminal defense attorney legal team provides upfront communication and aggressive representation of our clients. Call Babbit, Mitchell & Ogle at (405) 692-7676 to ensure your rights are protected and to receive the best possible defense.
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