Oklahoma Statutes

Okla. Stat. tit. 21, § 1272.1 (2026)

Carrying firearms where liquor is consumed

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CARRYING FIREARMS WHERE LIQUOR IS CONSUMED A. It shall be unlawful for a person to carry or possess any weapon designated in Section 1272 of this title in any establishment where the sale of alcoholic beverages, as defined by Section 1-103 of Title 37A of the Oklahoma Statutes, constitutes the primary purpose of the business. This provision shall not apply to: 1. A peace officer, as defined in Section 99 of this title, or private investigator or armed security guard with a firearms authorization when acting in the scope and course of employment; 2. An owner or proprietor of the establishment; or 3. An employee of the establishment who has permission from the owner or proprietor of the establishment to carry or possess a weapon while in the scope and course of employment. B. It shall be lawful for a person to carry or possess any weapon designated in Section 1272 of this title into any restaurant or other establishment licensed to dispense alcoholic beverages where the sale of alcoholic beverages does not constitute the primary purpose of the business. C. Nothing in this section shall be interpreted to authorize any peace officer in actual physical possession of a weapon to consume alcoholic beverages, except in the authorized line of duty as an undercover officer. D. Nothing in this section shall be interpreted to authorize any person, employee, private investigator or armed security guard with or without a firearms authorization in actual physical possession of a weapon to consume alcoholic beverages in any establishment where alcoholic beverages are consumed. E. Any person violating the provisions of this section shall upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). F. Any person who intentionally or knowingly carries or possesses any weapon in violation of the provisions of this section and refuses to leave the establishment or the property of the establishment shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). G. As used in this section, "consume" means the act of drinking or ingesting alcoholic beverages or eating a product containing alcohol.

Added by Laws 1975, c. 248, § 1, emerg. eff. June 2, 1975. Amended by Laws 1976, c. 179, § 1, emerg. eff. June 1, 1976; Laws 1986, c. 240, § 2, eff. Nov. 1, 1986; Laws 1995, c. 272, § 27, eff. Sept. 1, 1995; Laws 1996, c. 191, § 3, emerg. eff. May 16, 1996; Laws 2001, c. 396, § 1, eff. July 1, 2001; Laws 2012, c. 259, § 2, eff. Nov. 1, 2012; Laws 2021, c. 291, § 1, eff. Nov. 1, 2021.

Notes of Decisions
Cited in 4 cases, 1978–2014 · leading case: Wade v. State, 581 P.2d 914 (Okla. Crim. App. 1978).
Wade v. State, 581 P.2d 914 (Okla. Crim. App. 1978). “The uncontro-verted evidence in the instant case is that the defendant, in violation of 21 O.S.Supp. 1976, § 1272.1, had in his possession a loaded pistol in an establishment where beer or alcoholic beverages are consumed.”
McDonald v. State, 764 P.2d 202 (Okla. Crim. App. 1988). “Appellant contends this instruction was warranted because he was committing the misdemeanor of carrying a weapon into an establishment in which beer and intoxicating liquor are consumed (21 O.S.1981, § 1272.1) when the homicide occurred.”
Wilson v. State, 649 P.2d 784 (Okla. Crim. App. 1982). “8 1 is a lesser included offense of carrying a firearm into an establishment where beer and intoxicating liquor are consumed, 21 O.S.1981, § 1272.1. 2 These are two separate and distinct offenses.”
Question Submitted by: The Honorable Marty Quinn, State Rep., Dist. 9, 2014 OK AG 3 (Okla. Att’y Gen. 2014). · cites it 2× “See 21 O.S.Supp.2013, §§ 1272.1, 1277(F). Yet, despite having introduced this new phrase into the Oklahoma Statutes, the Legislature did not define the term "firearms authorization.”
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