Tulsa Unlawfully Carrying a Weapon Lawyer

What Is Unlawfully Carrying a Weapon in Oklahoma?

Oklahoma's unlawful carry law covers firearms and several other specifically identified weapons. It applies to a weapon carried on or about the person or in a purse or other container belonging to that person, whether the weapon is concealed or openly carried.

The weapons covered by the law include pistols, revolvers, shotguns, rifles, blackjacks, loaded canes, hand chains, metal knuckles, and other offensive weapons. The law also contains broad exceptions, which is why finding one of these weapons does not automatically establish unlawful carry.

The State also has to prove knowing conduct. If a weapon is discovered in a car, bag, room, or other place accessible to more than one person, the fact that the weapon was nearby does not necessarily prove that the accused knew it was there or was carrying it.

Oklahoma Constitutional Carry and Unlawful Carry

Oklahoma's constitutional carry law allows an eligible person who is at least 21 years old to carry a firearm openly or concealed without obtaining an Oklahoma handgun license. The same rule applies beginning at age 18 for qualifying members and veterans of the United States Armed Forces, Reserves, or National Guard.

The person must still be legally eligible to possess and purchase a firearm and cannot be carrying it in furtherance of a crime. Constitutional carry also does not erase the other limitations found throughout Oklahoma's firearms laws.

This is one reason the phrase “constitutional carry” creates confusion. Oklahoma eliminated the handgun license requirement for many people, but it did not create an unrestricted right to carry every weapon, in every place, under every circumstance.

When Carrying a Weapon Is Legal

Oklahoma's unlawful carry law contains several important exceptions. It does not prohibit the proper use of guns and knives for self defense, hunting, fishing, education, or recreation, and it does not prohibit carrying that is authorized by another Oklahoma law or by the Oklahoma Self Defense Act.

There are also exceptions for peace officers and others legally authorized to carry weapons while performing their official duties. Firearms and other weapons used in qualifying living history reenactments are also addressed by the law.

For firearms, the constitutional carry provision is especially important. An eligible person who satisfies the age and legal possession requirements can carry a firearm concealed or unconcealed without first obtaining an Oklahoma handgun license.

Who Is Excluded From Constitutional Carry?

Not everyone who is old enough to carry qualifies for Oklahoma's constitutional carry protection. Oklahoma specifically excludes people with certain prior convictions, including some serious assault and battery offenses, domestic abuse, stalking, protective order violations, and drug possession or illegal drug use convictions.

A felony conviction presents a different and usually much more serious issue. Oklahoma has a separate law restricting firearm possession by convicted felons, so a case involving a prior felony should not automatically be treated as nothing more than an ordinary unlawful carry misdemeanor.

The exact prior conviction matters. Rob reviews the prior case, the disposition, the type of weapon involved, and the particular firearm restriction the State claims applies rather than assuming that every prior criminal case creates the same gun restriction.

Unlawful Carry Is Not the Same as Every Other Oklahoma Gun Charge

One of the problems with the phrase “unlawful carry” is that people sometimes use it to describe almost any accusation involving a firearm. Oklahoma has several separate gun laws, and they do not all require the same proof or carry the same punishment.

Carrying a firearm into a legally restricted location, possessing a firearm after a felony conviction, improperly transporting a firearm, possessing a firearm on school property, carrying a firearm where liquor is consumed, and unlawfully carrying a weapon are separate legal issues. The fact that a gun was found does not tell you which law applies.

This distinction also affects the defense. A case filed under the general unlawful carry law has to be evaluated under that law and its exceptions, while a case involving a courthouse, school, felony conviction, alcohol establishment, or another restricted circumstance requires analysis of the separate law that actually governs that situation.

Weapons Found During a Traffic Stop

Traffic stops are one of the situations where firearm questions arise quickly. An officer may see a weapon in the vehicle, learn about it during conversation with the driver or passenger, or discover it during a later search.

Oklahoma law does not require every lawfully carried firearm in a vehicle to be unloaded or hidden in a particular place. For an eligible adult covered by Oklahoma's open carry law, a firearm may be carried in a vehicle concealed or unconcealed, loaded or unloaded.

That does not mean every vehicle situation is legal. A person's criminal history, the reason for possessing the firearm, the type of weapon, another applicable firearm law, and the legality of the police stop or search may all change the case.

Did You Actually Know the Weapon Was There?

Knowledge becomes especially important when a weapon is not physically on the accused person's body. A gun underneath a passenger seat, inside someone else's bag, in the trunk, or elsewhere in a shared vehicle presents a different factual question than a handgun found in someone's waistband.

Police may draw conclusions from where the weapon was located and who had access to it. Those conclusions still have to be supported by evidence showing that the accused knew about the weapon and was actually carrying or possessing it in a way prohibited by law.

Rob looks at ownership, where the weapon was found, who had access to the area, statements made by the occupants, body camera footage, vehicle ownership, and other surrounding evidence. Proximity by itself does not answer every question.

Was the Stop or Search Legal?

A substantial number of gun cases begin with some other police encounter. An officer may have stopped a vehicle for an alleged traffic violation, conducted a pat down, searched a vehicle, entered a residence, or extended an encounter after the original reason for the stop was finished.

Police do not receive broader search authority simply because a firearm is ultimately discovered. The reason for the stop, what officers knew before the search, whether consent was actually given, what was visible before the search, and what the body camera shows can become important.

If police obtained the weapon through an unconstitutional search or seizure, the defense can ask the court to suppress the evidence. Whether suppression is available depends on what actually happened before the weapon was discovered.

Penalties for Unlawfully Carrying a Weapon in Oklahoma

A first conviction is a misdemeanor. The punishment is a fine between $100 and $250, up to 30 days in the county jail, or both. The punishment increases after a prior conviction for unlawful carry or the related offense involving a minor's possession of a weapon. A second or later conviction carries a fine between $250 and $500, between 30 days and three (3) months in the county jail, or both.

Someone who already has an Oklahoma handgun license faces an additional administrative consequence after a conviction. The license is suspended for six (6) months, and the person is subject to a $50 administrative fine after the required OSBI hearing and determination.

What Happens to the Gun After an Arrest?

The firearm itself is often a very important part of resolving an unlawful carry case. Police will ordinarily seize the gun when it is being held as evidence, and what eventually happens to that firearm can become part of the negotiations with the prosecutor.

In my experience, most District Attorney Offices treat permanent forfeiture of the firearm involved in the case as a standard part of resolving an unlawful carry charge. Even in a misdemeanor case where the other punishment may be relatively modest, the prosecutor will often expect the defendant to give up ownership of the firearm permanently as part of the disposition.

That is different from saying Oklahoma law automatically makes every firearm permanently forfeited simply because someone was charged with unlawful carry. The criminal charge and the prosecutor's demand for forfeiture are separate issues, but as a practical matter the firearm itself is frequently part of the plea negotiations and final resolution of the case.

Whether forfeiture should be accepted is something Rob considers along with the strength of the criminal charge, the value of the firearm, the circumstances of the seizure, the client's eligibility to possess firearms, and the other terms being offered by the prosecutor.

Defending an Oklahoma Unlawful Carry Charge

The defense begins by identifying exactly what the State says made the carrying illegal. The answer may involve eligibility for permitless carry, a disputed prior conviction, whether the object was actually covered by the law, whether the accused knew about the weapon, or whether the conduct fell within one of Oklahoma's exceptions.

The evidence surrounding the police encounter matters just as much. Rob reviews police reports, body camera footage, photographs, vehicle information, witness statements, the location of the weapon, the accused person's criminal history when relevant, and the legal basis for any detention or search.

An unlawful carry case should not be analyzed from the assumption that finding a weapon proves the charge. Oklahoma law permits a great deal of firearm possession and carrying, and prosecutors still have to establish why the particular conduct fell outside what the law allows.

What Should I Do If Police Question Me About the Gun?

If you are a person prohibited from possession a firearm, you should decline to answer substantive questions about the weapon and ask to speak with a lawyer. Trying to explain who owns the gun, why it was there, when you first saw it, or what you intended to do with it can create evidence that did not exist before the questioning.

You should also avoid consenting to a search simply because an officer asks for permission. If a search has already occurred, write down what happened while the details are still fresh, including what the officer said, where everyone was located, and when the weapon was discovered.

Frequently Asked Questions About Oklahoma Unlawful Carry

Can I carry a handgun in Oklahoma without a permit?

Yes, if you meet Oklahoma's eligibility requirements. Most people who are at least 21 and legally permitted to possess and purchase a firearm may carry it concealed or unconcealed without an Oklahoma handgun license, and qualifying military members and veterans may do so beginning at age 18.

Constitutional carry does not override other firearm restrictions. A person's criminal history, the place where the firearm is carried, and the circumstances surrounding the possession can still make separate Oklahoma or federal firearm laws applicable.

Does a gun have to be unloaded in my vehicle?

No. There is no general rule that requires an eligible person covered by Oklahoma's constitutional carry law to keep a firearm unloaded merely because it is inside a vehicle. Oklahoma expressly permits qualifying people to transport or carry a firearm in a vehicle loaded or unloaded and concealed or unconcealed. Other firearm laws can still affect a particular situation. The type of firearm, the person's legal status, the location, and any other alleged criminal conduct have to be considered separately.

Can I be charged if the gun belonged to someone else?

Ownership and carrying are not the same thing. The State does not necessarily need to prove that you bought or legally owned the weapon, but it does have to establish the facts necessary to connect you to the weapon and the unlawful carrying of it.

A weapon found in a shared vehicle or container can create a real factual dispute. Who knew it was there, who had control over the area, where it was located, and what the other evidence shows become important.

Is carrying a gun in a prohibited place the same as unlawful carry?

Not necessarily. Oklahoma has separate laws dealing with firearms in courthouses, government buildings, schools, certain alcohol establishments, and other restricted locations.

The actual charge and law matter because different firearm offenses have different elements, exceptions, and punishments. A defense lawyer should not treat every illegal location allegation as though it were automatically the general unlawful carry offense.

What are the penalties for a first unlawful carry conviction?

A first conviction is a misdemeanor carrying a $100 to $250 fine, up to 30 days in the county jail, or both. A second or later violation carries a $250 to $500 fine, 30 days to three (3) months in jail, or both. A person who held an Oklahoma handgun license also faces a license suspension for six months and a $50 administrative fine after the required OSBI process. Those administrative consequences are separate from the criminal punishment.

Will I have to give up my gun if I am charged with unlawful carry?

Permanent forfeiture is not automatically imposed merely because an unlawful carry charge was filed. In practice, however, the firearm is ordinarily seized when it is evidence in the case, and in my experience most District Attorney Offices routinely seek permanent forfeiture of the involved firearm as part of resolving the charge.

That makes the gun itself an important part of plea negotiations. The value of the firearm, the strength of the criminal case, the circumstances of the seizure, the client's ability to legally possess firearms, and the other terms of the proposed resolution all matter when deciding how to address forfeiture.

Will an unlawful carry case prevent me from owning guns in the future?

An unlawful carry charge by itself does not answer that question. Future firearm rights depend on the disposition of the case, the person's prior record, and any separate state or federal firearm restriction that applies.

This is another reason the exact charge matters. A misdemeanor unlawful carry case is legally different from a felony firearm possession case or another offense that independently affects firearm eligibility.