§ 21-1290.8 — Possession of license required - Notification to police

Oklahoma § 21-1290.8

• Jurisdiction: Oklahoma
• Title 21: Crimes And Punishments

Text

of gun. POSSESSION OF LICENSE REQUIRED NOTIFICATION TO POLICE OF GUN A. Except as otherwise prohibited by law, an eligible person shall have authority to carry a concealed or unconcealed firearm in this state when: 1. The person is in compliance with the provisions of the Oklahoma Self-Defense Act; or 2. The person is authorized pursuant to the provisions of Section 1272 of this title. B. A person in possession of a valid state photo identification card, driver license, or valid handgun license or who presents a valid military identification card and is in compliance with the provisions of the Oklahoma Self-Defense Act shall be authorized to carry such concealed or unconcealed firearm while scouting as it relates to hunting or fishing or while hunting or fishing. C. The person shall be required to have possession of his or her valid handgun license, valid military identification card, valid driver license, or state photo identification card at all times when in possession of a firearm. The person shall display either a valid handgun license, valid military identification card, valid driver license, or valid state photo identification card as provided for qualified persons in this section on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed or concealed firearm shall not be disarmed or physically restrained unless the individual fails to display one of the following: 1. A valid handgun license; 2. A valid military identification card; 3. A valid driver license; or 4. A valid state photo identification card, as provided for qualified persons in this section in response to that demand. Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law. Upon the arrest of any person for a violation of the provisions of this subsection, the person may show proof to the court that a valid handgun license, a valid military identification card, a valid driver license, or a valid state photo identification card has been issued to such person and the person may state any reason why the valid handgun license, valid military identification card, valid driver license, or valid state photo identification card as provided for qualified persons in this section was not carried by the person as required by the Oklahoma Self-Defense Act. The court shall dismiss an alleged violation of Section 1272 of this title upon payment of court costs, if proof of a valid handgun license, a valid military identification card, a valid driver license, or valid state photo identification card is shown to the court within ten (10) days of the arrest of the person. D. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed firearm pursuant to the authority of the Oklahoma Self-Defense Act during the course of any arrest, detainment, or routine traffic stop. Said identification shall be required upon demand by the law enforcement officer. No person shall be required to identify himself or herself as lawfully in possession of any other firearm if the law enforcement officer does not demand the information. No person shall be required to identify himself or herself as being in possession of a firearm when no firearm is in the possession of the person or in any vehicle in which the person is driving or is a passenger. Any violator of the provisions of this subsection may be issued a citation for an amount not exceeding One Hundred Dollars ($100.00). E. Any law enforcement officer coming in contact with a person whose handgun license is suspended or revoked, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding. F. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed.

Legislative History

Added by Laws 1995, c. 272, § 8, eff. Sept. 1, 1995. Amended by Laws 1996, c. 191, § 10, emerg. eff. May 16, 1996; Laws 1998, c. 286, § 2, eff. July 1, 1998; Laws 2001, c. 396, § 5, eff. July 1, 2001; Laws 2003, c. 465, § 6, eff. July 1, 2003; Laws 2012, c. 259, § 29, eff. Nov. 1, 2012; Laws 2013, c. 366, § 4, eff. Nov. 1, 2013; Laws 2017, c. 298, § 1, eff. Nov. 1, 2017; Laws 2018, c. 68, § 3, eff. Nov. 1, 2018; Laws 2019, c. 1, § 11, eff. Nov. 1, 2019; Laws 2019, c. 406, § 4, eff. Nov. 1, 2019; Laws 2023, c. 160, § 4, eff. Nov. 1, 2023.