An incident in Broken Arrow a week ago raised fresh questions about how witnesses and law enforcement should respond when people walk around in public armed with assault-style rifles.
A man in a tactical vest with a semi-automatic rifle and holstered pistol prompted Broken Arrow Justice Center employees to lock their doors June 13, according to a news release.
AT&T store employees who then saw the man proceeded to “run out the back of the store,” and multiple 911 calls came from the parking lot of a Target store that he was walking toward, Broken Arrow police said.
Due to Oklahoma’s constitutional carry laws, police determined that at each location the man “was not breaking the law” with the rifle and vest.
But “quite honestly, nobody needs to be walking down the street with a rifle,” Rogers County Sheriff Scott Walton said in an interview about dealing with such situations. “But I don’t make the laws; we just try to live by them and do a very difficult job in a world that’s got those people in it.”
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Sometimes there isn’t much police can do when a person is armed with a semi-automatic rifle in public.
Passed by the state Legislature in early 2019, constitutional carry gives Oklahomans the right to carry firearms without a permit or training.
Constitutional carry gun bill passes Oklahoma House of Representatives
In the case of the man in Broken Arrow, police said that for three reasons — he didn’t have the firearms with him when he tried to enter the Justice Center; the AT&T store did not have a “no firearms allowed” sign posted; and he did not actually try to enter the Target — no laws were broken with regard to his carrying the semi-automatic rifle. He was arrested, however, after he was found to have a recently-issued unrelated warrant and to be in possession of an over .45-caliber firearm and brass knuckles, both of which are illegal in Oklahoma.
“Here, we got a guy walking around with a gun that he could hurt a lot of people with, but he’s not breaking the law,” Walton said.
That makes his deputies’ jobs “a lot harder” for several reasons — the first and most obvious being safety.
One wrong move during a confrontation or encounter and the situation could take a turn for the worse.
“If I spook the right person, they might send me to meet Jesus,” Walton said. “Here’s a guy with a rifle that can take me and a lot of other people out, but he’s not doing anything. Now I got to make a decision. That decision is a lot tougher now.”
Tulsa County District Attorney Steve Kunzweiler said at a Tuesday night forum on active shooters that there is also the concern of people who purposely try to instigate issues with officers to start a Second Amendment fight.
Speaking generally on the open carry topic since his office likely will be asked to consider charges in the Broken Arrow case, Kunzweiler said some people “want to push the envelope and draw a response.”
“They want law enforcement to make an arrest on a legal possession so that they can institute some type of lawsuit for some kind of false arrest,” Kunzweiler said.
He also said that comes with a heavy amount of decision-making and examination from law enforcement to determine whether anything illegal is actually happening.
Tulsa Police Capt. Mike Eckert, at the same active-shooter forum on Tuesday, said that since it is such a tough determination for even officers to decide whether a crime is being committed, the best thing the public can do is to call 911.
“If somebody is causing you concern or putting you in fear for some reason, that’s what 911 is designed for,” Eckert said.
“With Oklahoma being an open-carry state, it’s not against the law to carry a firearm, but it is against the law to commit a crime with a firearm. Sometimes that can be very muddy waters to deal with or work your way through.”
A Broken Arrow Police Department spokesman agreed that calling 911 is best, but he added that educating oneself on state laws could help.
“Our advice is to always call law enforcement if you see something you believe is suspicious,” Ethan Hutchins said. “However, it’s also important to know the laws of this state regarding open carry. (Doing so) might equip yourself with the knowledge before placing that call to police.”
Walton, though, said it isn’t easy for even law enforcement officers to be fully educated on ever-changing laws.
“It’s harder today for a police officer to know the law than it ever has been,” he said, citing the nuances of the Broken Arrow incident and arrest. “I don’t expect everyone to become educated on the fine line of the law. If you’re waiting too long to make that decision (to call 911), that in itself is life-threatening.”
The best thing to do under current Oklahoma law is to call the police to make the determination, he said.
“I think of: What would I want my daughters-in-law to do if they had my grandkids and saw someone like that?” Walton said. “My answer would be: Call the police. 911. Let us go to work.”
Most Oklahomans can carry a gun without a license. What you should know
Q: What exactly is the firearms law?
A: The first thing shooters need to know is the firearms law—laws, actually—addressed under Oklahoma Statute Title 21, section 1289.25 of the state penal code which is the legal framework for the Oklahoma Firearms Act of 1971, the 2018 Oklahoma Self-Defense Act and the basis for Oklahoma’s Castle Doctrine and Stand-Your-Ground Doctrine.
It’s a good idea to study all these aspects of the law but (hint) it’s a lot easier to interpret with the help of a professional firearms instructor.
DO: Seek training and keep up with changes in the law if you plan to carry.
DON’T: Don’t rely on your Facebook friends or “YouTube University” searches for legal advice, Jerome said.
Q: What really changes on Nov. 1?
A: A few things, but the biggest is that a license to carry now is optional.
Among other provisions, the main change under House Bill 2597 is that the Self-Defense Act no longer requires Oklahomans who are 21 years old or veterans or military who are 18 and over to obtain a permit at a cost $100 for five years or $200 for 10, which required a training certificate that showed basic knowledge of the Oklahoma Self-Defense Act and an ability to handle a firearm safely, proof of residency or permanent military orders to be in the state, a background check and fingerprinting.
If you are a legal resident over 21 or military or and a veteran and don’t face legal restrictions that prevent you from possessing a gun, you have the right to carry.
DO: Remember you still need a concealed carry license to travel across some state lines so you might just want get, or keep renewing, that license.
DON’T: Don’t assume that permitless means without rules. Many laws still apply to when, how and where a firearm can be carried, and how it might be used.
Q: What if I’m contacted by a police officer and I have a gun?
A: Under the new law an individual is no longer required to inform a law enforcement officer that they are carrying a firearm, but Jerome advises that it’s wise practice to advise an officer up-front anyway.
DO: Keep your hands visible and inform the police officer “I am exercising my constitutional right to carry” and tell them where the weapon is located. If you are pulled over while driving put your hands on the steering wheel, turn on a dome light if it is at night, and inform the officer in the same way. Informing them up front can help develop a rapport, Jerome said.
DON’T: Don’t make sudden moves or reach for the gun to show it to the officer. Just keep your hands visible, or on the steering wheel, and tell the officer where it is located.
Q: What's the deal with crossing state lines?
A: Some states practice reciprocity and honor Oklahoma’s less restrictive laws but others do not. Kansas, Arkansas and Missouri also are Constitutional Carry and reciprocity states, but Texas, New Mexico and Colorado are not.
Q: Where can’t I carry?
A: Basically, there are six types of places you can’t carry a firearm. Also be aware there are places where it is OK to carry concealed, but not open, and situations where it is OK to carry or transport a loaded handgun but not loaded rifle or shotgun.
Another bill, House Bill 2010, also signed by Gov. Stitt and effective Nov. 1, allows facilities under a public trust, such as Gathering Place and the Tulsa and Oklahoma City zoos, to prohibit open carry, however, people now will be allowed carry concealed at those venues.
No firearms are allowed in liquor stores and bars; government offices and buildings; prisons or detention centers; gambling places; professional sports arenas (unless allowed by owner); public schools, colleges and universities (and private schools unless permitted), and any other place prohibited by law enforcement (such as established for visiting dignitaries to control a natural-disaster area).
Private properties also can be off-limits as the law allows “any person, property owner, tenant, employer, place of worship or business entity” to control the possession of firearms on their property.
DO: Always keep in mind where you will be going and whether your firearm needs to be secured or stowed away before you get there. In almost all situations a firearm is legal if it is stowed out-of-sight in a locked vehicle in a parking area with the windows rolled up.
DON’T: Don’t push it. If you ever are in doubt about the allowance of firearms in a place you plan to visit, err on the side of caution.
Click here to view a list of places that do not allow your firearms in Oklahoma, including events such as Tulsa Oktoberfest, to parks like Gathering Place.
Q: Can I have my gun with me when I take my kids to school?
A: It is illegal to take guns into schools but guns may be on the premises as long as they are secured inside your vehicle, windows up, doors locked, and stored out-of-sight.
Q: Now that I can carry legally without a permit, can I just put my handgun in my waistband or belt or toss it on the seat of my car?
A: Safety-wise none of those are good ideas, but technically it is allowed if it is done in a way that the handgun is fully concealed or in a holster.
Open-carry rules demand a gun be secured in a holster if it is visible, and that includes inside a vehicle. If it is concealed in a way no reasonable person could see it or know it is present it can be loose.
DO: Always carry a loaded handgun in a holster no matter what the law states. Make sure the trigger guard of that firearm is covered. That is a basic gun safety rule.
DON’T: Don’t forget the first rule in handling a loaded firearm is to not to point it at anything you don’t want to shoot, and that includes parts of your own body.
Q: Can I have just a couple of beers while carrying?
A: No.
It is unlawful to carry inside a business that primarily benefits from the consumption of alcohol and it is against the law for any person “to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or un-prescribed drug,” as well as some prescribed medicines with certain side-effects, according to the Self-Defense Act.
Q: Can I tell someone to leave me alone because I have a gun?
A: First, do all you can to get away from any conflict.
As Jerome put it, “Only turn to your gun if you’re in fear for your life or being put in the hospital.”
The moment that you make reference to, display, or pull your gun you have threatened or exercised deadly force and legal ramifications become much more complicated.
Q: Isn’t open-carry a greater deterrent to criminals than carrying concealed?
A: Not necessarily, it can also make you a target, and if done carelessly can introduce a dangerous element to a situation.
Law enforcement officers use specially designed holsters and are trained in ways to protect and retain their own firearm. Jerome recommends open-carry only to people with extensive training.
Q: What are the top 10 guns Oklahomans buy?
A: The Tulsa World informally polled local gun shops on what they would say are their top 10 sellers over the past 10 years and what these longtime gun counter workers observe in sales trends.
Open and concealed carry: Why it's important to get some training
Jacob Factor
Breaking News Reporter
A lifelong Tulsa resident, I have worked around Oklahoma covering sports and news. I joined the Tulsa World in 2021 to cover breaking news.
