Gun & Firearm Crimes in Oklahoma

Unlawful Carry

Generally, Oklahoma allows qualifying individuals to carry firearms openly or concealed without a handgun license, but that does not mean a firearm can legally be carried by anyone, anywhere, under any circumstance. There are still requirements, exceptions, and restrictions that may apply.

Oklahoma’s unlawful carry law establishes the restrictions on carrying firearms and other weapons. Whether carrying a firearm is legal may depend on who is carrying it, where they carry it, and other circumstances.

Carrying a Firearm While Under the Influence

Oklahoma law prohibits carrying or using certain firearms while under the influence of alcohol, hallucinogens, or illegal, unprescribed, or impairing drugs. Depending on the circumstances, this may arise in addition to a DUI, public intoxication, or other criminal allegations.

Possession of a Firearm While Committing a Felony

Under Oklahoma law, possessing a firearm or certain other weapons while committing or attempting to commit a felony can result in a separate criminal charge in addition to the underlying felony. This is classified as a B4 felony, punishable by 2-10 years in prison, with subsequent offenses classified as B1 felonies with much harsher sentencing and penalties.

It is worth noting that more than just the presence of a firearm is required. There must be a connection between possession of the firearm and the underlying felony.

Felon in Possession of a Firearm

Oklahoma generally prohibits individuals previously convicted of a felony from possessing or having immediate control of a firearm. This applies to a firearm on the person’s body, in their vehicle, or where they live. Currently, a violation of this statute is classified as a B4 felony.

The law provides a specific exemption and opportunity for restoration for someone convicted of a nonviolent felony who has received a full and complete pardon and meets the statute’s requirements.

Federal Firearm Charges

Firearm investigations may also result in federal charges. Federal law prohibits firearm possession by certain individuals, including those convicted of certain crimes punishable by more than one year in prison, and regulates firearm sales and transfers.

Federal law also provides separate penalties when a firearm is used or carried in relation to certain violent crimes or drug trafficking crimes, or possessed in furtherance of those crimes.

Federal firearm cases involve different processes, procedures, and sentencing from Oklahoma state prosecutions and can carry severe prison sentences.

The consequences of a firearm conviction depend heavily on the specific offense. Some violations are misdemeanors, while others can be serious state or federal felonies.

Potential consequences may include:

• Jail or prison time
• Fines and court costs
• Probation or supervision
• Loss of firearm rights
• Seizure or forfeiture of firearms
• Employment and licensing consequences

The consequences of a federal conviction can be particularly significant. Certain federal crimes, especially violent or drug-related offenses, may result in lengthy consecutive prison sentences and severe penalties.