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Open Carry

Video: Advocates for the open carry law talk about how things will change in Oklahoma on Nov. 1, 2012. Video by John Clanton, Tulsa World multimedia producer

Open Carry Q&A


Oklahoma's amendment to the Oklahoma Self Defense Act to allow for open carry goes into effect Nov. 1. The state legislature and governor approved the changes in the last session. Here are questions and answers about the law:

How does this law change the previous law?
>>> The open carry law allows for people with a valid concealed carry license to openly carry their weapon. The license is being renamed "handgun" license. Previously, people with concealed carry permits were not allowed to carry guns openly.

Where do I go to get a handgun license?
>>> A handgun application packet may be obtained by the Oklahoma State Bureau of Investigation online at tulsaworld.com/osbi and from instructors at training classes, which are typically offered at firearms businesses, gun ranges or security companies. To verify if an instructor is certified, contact the Council on Law Enforcement Education and training at 405-239-5100 or 580-310-0871. You can call the OSBI for an application packet at 800-207-6724. First-time applicants must submit the application at the sheriff's office in the county of residence. For renewals, the application packet may be submitted through the mail.

How long does it take to get a license?
>>> It takes six to 12 weeks after the application is submitted.

What guns are allowed to be carried openly with a permit?
>>> If you qualified using a semi-automatic, the license allows you to carry a derringer, revolver or semi-automatic. If you're qualified with a revolver, the license allows for carrying only a revolver.

Do you have to carry your license when you’re carrying a gun?
>>> Yes. The law requires a person have the handgun license and a state-issued photo identification while carrying.

Can law enforcement ask someone to see their license?
>>> Yes.

If you carry, is a holster — or some other accessory — required; or can you simply tuck it in your belt or carry it in your hand?
>>> The law states the weapon must be in a “belt or shoulder holster,” which leaves open to interpretation whether that means an ordinary belt or belt holster. OSBI general counsel Jimmy Bunn Jr. said it appears tucking a gun into a waist belt would be legal under the current language, but he “would never advise someone doing that.” Bunn said a group of law enforcement officials plan to seek a clarification in the next legislative session to state a “belt holster” would be required.

What do authorities suggest you do if you see someone carrying a gun, but you don’t think they have a license?
>>> Only law enforcement officials have the right to request viewing a person’s handgun license. Residents do not have the authority to demand a person present a license. A person can call local law enforcement officials to report a suspicion of a crime. Each law enforcement department is deciding how to handle those calls, Bunn said.


A No Weapons Allowed sticker is on display at the BOK Tower. Beginning Nov. 1, people who are licensed to carry concealed weapons will be allowed to carry their guns openly. CHRISTOPHER SMITH/ Tulsa World.

Where can I carry openly and what’s restricted?
>>> No guns are allowed in government buildings (local, state and federal); buildings where public officials have a meeting; elementary or secondary schools; college or university property; places where beer or alcohol are consumed; jails or detention centers; arenas during a professional sporting events; and places with pari-mutuel betting. Private business owners have the right to refuse weapons on their property. Except for any elementary, secondary, or vocational school properties, these prohibitions do not apply to parking lots.

What happens if a person is found carrying a gun without a permit?
The person can be arrested and charged with several crimes, according to Tulsa police. The most likely charges would be carrying a concealed weapon (misdemeanor), transporting a loaded firearm (misdemeanor), or possession of a firearm after former conviction of a felony (felony). Some charges could be met regardless of the permit status of the individual.



HEADLINES
Little public reaction seen as open carry begins in Oklahoma

Little public reaction seen as open carry begins in Oklahoma   11/1/2012

The Oklahoma law allowing licensed individuals to openly carry firearms went into effect after midnight Wednesday, making Oklahoma the 44th state to allow some form of open carry.

Open carry and other new Oklahoma laws start Thursday

Open carry and other new Oklahoma laws start Thursday   11/1/2012

Some 177 new state laws covering topics such as criminal justice reform, weapons, abortion and veterans will take effect Thursday.

Open carry law goes into effect Nov. 1

Open carry law goes into effect Nov. 1   10/28/2012

There might not be much of a change Thursday when Oklahoma's open carry law goes into effect.

Packing in public: Open carry to start Nov. 1 in Oklahoma

Packing in public: Open carry to start Nov. 1 in Oklahoma   10/21/2012

John Zane was anxious the first time he brought his handgun into a public place.

Ginnie Graham: Novice learns what it takes to get gun license

Ginnie Graham: Novice learns what it takes to get gun license   10/21/2012

In about a month, I should be part of the 3 percent.

A loaded question: Businesses take sides on whether to allow open carry

A loaded question: Businesses take sides on whether to allow open carry   10/19/2012

Arby's franchisee U.S. Beef Corp. is one of hundreds of businesses in the state trying to figure out what to do when Oklahoma's open carry firearm law takes effect Nov. 1.

Oklahoma faces heavy backlog of concealed-carry applications

Oklahoma faces heavy backlog of concealed-carry applications   7/28/2012

Oklahoma law enforcement officials are already beyond the time limit set in state law for processing concealed-carry licenses, and they anticipate even more requests as a result of an upcoming change to allow the open carry of weapons.

Oklahoma's open-carry law to take effect Nov. 1

Oklahoma's open-carry law to take effect Nov. 1   5/16/2012

Gov. Mary Fallin on Tuesday signed a measure allowing for guns to be carried openly.

Fallin signs open-carry bill

Fallin signs open-carry bill   5/15/2012

'As a strong supporter of the Second Amendment and a gun owner myself, I'm happy to sign this bill into law and grant law-abiding citizens the ability to openly carry firearms,' Fallin said.

State voters evenly split on open carry

State voters evenly split on open carry   5/12/2012

Oklahomans remain evenly divided about whether civilians should be able to carry openly displayed sidearms, an Oklahoma Poll conducted in the past week has found.

Open-carry bill is sent to Fallin

Open-carry bill is sent to Fallin   5/11/2012

The Oklahoma Senate on Thursday sent Gov. Mary Fallin an open-carry bill.

Senate waters down open-carry legislation

Senate waters down open-carry legislation   4/25/2012

The state Senate on Tuesday sent the House a watered-down open-carry bill.

Open-carry bill advances; measure could allow firearms carried openly without permit.

Open-carry bill advances; measure could allow firearms carried openly without permit.   3/30/2012

A Senate panel on Thursday approved a bill that would allow firearms to be carried openly without a concealed-carry permit.

House passes bill allowing licensed Oklahomans to 'open carry' holstered firearms

House passes bill allowing licensed Oklahomans to 'open carry' holstered firearms   3/8/2012

Licensed Oklahomans would be able to carry holstered firearms openly under a bill passed Wednesday by the Oklahoma House.

Tulsan's empty holster opens door to open-carry discussions

Tulsan's empty holster opens door to open-carry discussions   1/23/2012

Scott Hannaford's holster is empty, but he doesn't want to keep it that way.

BILL OVERVIEW
What: Signed by Gov. Mary Fallin on May 15, the bill allows people with concealed carry licenses to carry their guns openly beginning Nov. 1. The bill amended the Oklahoma Self-Defense Act.

No guns allowed: Guns still are not allowed at meetings of elected and government bodies; prisons, jails and other detention facilities; schools, colleges and technical schools; bars, taverns and night clubs; and arenas during sporting events.

Other exception: Businesses and
property owners can legally prohibit someone
from carrying a gun onto their premises.
READ THE BILL
HOW THEY VOTED: SENATE
The Oklahoma Senate voted 33-10 for Senate Bill 1733.

Senators voting for the bill

Republicans: Cliff Aldridge, R-Midwest City; Mark Allen, R-Spiro; Patrick Anderson, R-Enid; Don Barrington, R-Lawton; Brian Bingman, R-Sapulpa; Cliff Branan, R-Oklahoma City; Josh Brecheen, R-Coalgate; Rick Brinkley, R-Owasso; Greg Childers, R-Del City; Harry Coates, R-Seminole; Kim David, R-Wagoner; AJ Griffin, R-Guthrie; David Holt, R-Oklahoma City; John Ford, R-Bartlesville; Rob Johnson, R-Kingfisher; Ron Justice, R-Chickasha; Bryce Martlatt, R-Woodward; Mike Mazzei, R-Tulsa; Dan Newberry, R-Tulsa; Jonathan Nichols, R-Norman; Steve Russell, R-Oklahoma City; Mike Schulz, R-Altus; Ralph Shortey, R-Oklahoma City; Frank Simpson, R-Ardmore; Gary Stanislawski, R-Tulsa; Anthony Sykes, R-Moore; Greg Treat, R-Oklahoma City

Democrats: Jerry Ellis, D-Valliant; Earl Garrison, D-Muskogee; Tom Ivester, D-Sayre; Susan Paddack, D-Ada; John Sparks, D-Norman; and Charles Wyrick, D-Fairland.

Senators voting against the bill

Tom Adelson, D-Tulsa; Roger Ballenger, D-Okmulgee; Randy Bass, D-Lawton; Sean Burrage, D-Claremore; Judy Eason McIntyre, D-Tulsa; Constance Johnson, D-Oklahoma City; Charlie Laster, D-Shawnee; Richard Lerblance, D-Hartshorne; Al McAffrey, D-Oklahoma City; and Jim Wilson, D-Tahlequah.

Senators excused: Bill Brown, R-Broken Arrow; Brian Crain, R-Tulsa; Eddie Fields, R-Wynona; Jim Halligan, R-Stillwater; and Clark Jolley, R-Edmond.

HOW THEY VOTED: HOUSE
The Oklahoma House of Representatives voted 85-3-10 for Senate Bill 1733.

Representatives voting for the bill

Republicans: Don Armes, Faxon; Gary Banz, Midwest City; John Bennett, Sallisaw; Lisa J. Billy, Lindsay; Gus Blackwell, Lavern; David Brumbaugh, Broken Arrow; Dennis Casey, Morrison; Mike Christian, Oklahoma City; Josh Cockroft, McLoud; Ann Coody, Lawton; Marian Cooksey, Edmond; David Dank, Oklahoma City; Lee Denney, Cushing; David Derby, Owasso; Dale DeWitt, Braman; John Enns, Enid; George Faught, Muskogee; Randy Grau, Edmond; Elise Hall, Oklahoma City; Rebecca Hamilton, Oklahoma City; Jeff Hickman, Dacoma; Corey Holland, Marlow; Dennis Johnson, Duncan; Fred Jordan, Jenks; Charlie Joyner, Midwest City; Sally Kern, Oklahoma City; Charles Key, Oklahoma City; Dan Kirby, Tulsa; Guy Liebmann, Oklahoma City; Scott Martin, Norman; Steve Martin, Bartlesville; Mark McCullough, Sapulpa; Randy McDaniel, Edmond; Skye McNiel, Bristow; Lewis Moore, Arcadia; Glen Mulready, Tulsa; Jason Murphey, Guthrie; Jason Nelson, Oklahoma City; Tom Newell, Seminole; Jadine Nollan, Sand Springs; Charles Ortega, Altus; Leslie Osborn, Tuttle; Pat Ownbey, Ardmore; Ron Peters, Tulsa; Pam Peterson, Tulsa; Marty Quinn, Claremore; Brian Renegar, McAlester; Mike Reynolds, Oklahoma City; Phil Richardson, Minco; Dustin Roberts, Durant; Sean Roberts, Hominy; Todd Russ, Cordell; Mike Sanders, Kingfisher; Colby Schwartz, Yukon; Earl Sears, Bartlesville; T.W. Shannon, Lawton; Kris Steele, Shawnee; Aaron Stiles, Norman; Todd Thomsen, Ada; John Trebilcock, Broken Arrow; Steve Vaughan, Ponca City; Weldon Watson, Tulsa; Paul Wesselhoft, Moore; Harold Wright, Weatherford.

Democrats:Mike Brown, Tahlequah; Ed Cannaday, Porum; Donnie Condit, McAlester; Joe Dorman, Rush Springs; William Fourkiller, Stilwell; Larry Glenn, Miami; Chuck Hoskin, Vinita; Scott Inman, Oklahoma City; Steve Kouplen, Beggs; James Lockhart, Heavener; Jeannie McDaniel, Tulsa; Curtis McDaniel, Smithville; Jerry McPeak, Warner; Eric Proctor, Tulsa; R.C. Pruett, Antlers; Wade Rousselot, Wagoner; Seneca Scott, Tulsa; Jerry Shoemake, Morris; Jabar Shumate, Tulsa; Purcy Walker, Elk City; Cory Williams, Stillwater.

Representatives voting against the bill: Paul Roan, D-Tishomingo; Mike Shelton, D- Oklahoma City; Emily Virgin, D- Norman.

Excused: Doug Cox, R-Grove; Tommy Hardin, R-Madill; Mike Jackson, R-Enid, Mike Ritze, R-Broken Arrow; Randy Terrill, R-Moore; Wes Hilliard, R-Sulphur; Danny Morgan, R-Prague; Richard Morrissette, R-Oklahoma City; Anastasia Pittman, R-Oklahoma City; Ben Sherrer, R-Pryor Creek.

GRAPHICS
Open Carry laws in other states.



Concealed carry licenses from 2002 to 2012.