OKLAHOMA CITY — A law allowing the carrying of weapons without a permit or training will go into effect Friday after the Oklahoma Supreme Court on Thursday declined to step in.
Critics of the controversial gun law early Thursday asked the state’s highest court to put the new law on hold pending the outcome of a legal challenge.
Thursday’s action came after an Oklahoma County district judge a day earlier declined to issue an injunction.
The challenge alleges the measure violates the Oklahoma constitutional requirement that bills address a single subject.
“Although peer-reviewed studies on the impact of permitless carry laws specifically are not yet available, reviews of raw CDC (Centers for Disease Control and Prevention) data have shown that states that have passed permitless carry laws have subsequently experienced a significant increase in firearm-related deaths,” according to the brief seeking the injunction. “And numerous reputable studies have linked less-restrictive firearms laws to an increase in firearm-related crime and death.
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“There is thus substantial evidence that the risk of firearm-related deaths will increase as a result of various provisions of this law.”
House Bill 2597, dubbed “constitutional” or “permitless” carry, will allow people to carry a weapon without a permit or training.
It was the first law signed by Gov. Kevin Stitt, who is named as the defendant in the legal challenge.
Advocates of the law, including the Oklahoma Second Amendment Association, are expected to rally Friday at the state Capitol to show support for the measure.
Earlier this year, critics of the law, including Rep. Jason Lowe, D-Oklahoma City, failed to get enough signatures on an initiative petition to let voters decide to keep or nullify the law.
Lowe is one of the plaintiffs in the lawsuit.
Lowe said he is disappointed in the state Supreme Court’s ruling, but that he and others will continue to litigate the lawsuit in district court.
Oklahoma Second Amendment Association President Don Spencer said he was not surprised by the high court’s refusal to issue an injunction.
The National Rifle Association on Thursday welcomed Oklahoma as the newest constitutional carry state.
“Government exists for the people, not the other way around. This law honors the right of law-abiding Oklahomans to defend themselves and their loved ones without begging for the government’s permission beforehand,” said Jason Ouimet, executive director, NRA’s Institute for Legislative Action. “The NRA fights for law-abiding gun owners because we recognize that our freedoms are fundamental and natural, not government-given.”
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
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