In the long-ago history of the state, it was not uncommon for residents to go ‘heeled,’ or to carry a pistol strapped to their hip. It was, after all still a wild and rugged place where law enforcement could be far away, if it could be found at all.
In February, Oklahoma Gov. Kevin Stitt signed ‘Constitutional Carry’ into law. It changes the way residents can legally carry handguns. What follows is a discussion of some of the finer points of Constitutional Carry.
Q: What does open carry, or Constitutional Carry as it is also known, mean?
A: Unlicensed public carrying of handguns by persons eligible to possess firearms is allowed under some instances.
Q: Is there a license requirement to carry a handgun whether concealed or not?
A: As of Nov. 1, 2019, no license is required to carry a handgun.
Q: Can any resident carry a handgun under open carry?
A: No. Felons, drug addicts, those with licenses for medical marijuana, mentally ill persons and persons under 21 years of age are not allowed to own or purchase handguns, with some age exceptions.
Q: Hasn’t Oklahoma always been an open carry state?
A: No. Permit holders could open carry since November 2012. There were also provisions for concealed carry permits issued by the OSBI. Oklahoma is now the 25th state to recognize Constitutional Carry or carrying a handgun without a permit.
Q: So other weapons, such as a rifle, shotgun or knife are also legal to carry openly?
A: The law passed does not deal with those weapons specifically.
Q: Is a safety course required to open carry?
A: No, but many law enforcement agencies recommend training.
Q: Can I carry into restaurants and bars?
A: That depends on the primary business. If the primary purpose is serving alcohol, no. And no one is allowed to consume alcohol while carrying.
If a restaurant also serves alcohol, but its primary business is food, then carry is allowed if the establishment allows it. The gun owner still cannot consume alcohol while carrying.
Q: So other than these restrictions, I can take my handgun anywhere I go?
A: Absolutely not. It is illegal to carry in schools, post offices, government buildings such as courthouses, a sports venue during a professional sporting event, or anyplace with legalized gambling, such as a casino or racetrack.
Q: Does this eliminate concealed carry statewide?
A: No. Concealed carry but not open carry is permitted in public parks and zoos.
Q: What else should weapon owners be aware of?
A: Local laws may still apply to the open carry of handguns, and businesses may prohibit weapons on their premises. In cases of uncertainty, check with local law enforcement to be sure you are in compliance and carrying weapons safely and legally.