LarryOKC
Newbie
Just wanted to stop by to say hi. Hope everyone is staying warm and safe
~Larry
~Larry
Just wanted to stop by to say hi. Hope everyone is staying warm and safe
~Larry
Do you OC, have an interest in OCing, or promoting the RKBA?
Tell us a little about yourself.
Great to have you on board. Lots of good information here and plenty of things happening. Enjoy.I do have an interest in OCing. Me and my wife just turned in out SDA paper work. I had my lic in TX several years ago I let it expire when I moved back to OK a couple of years ago :banghead: When my wife came to me and said she would like to get her carry permit we were both in the class that weekend. I am a people person by nature and I am also interest in taking some NRA instructor classes as I was a corporate instructor for over 10 years. I came here to see if there was any local meetups and to explore what was going on here in OKC..
~Larry
Great to have you on board. Lots of good information here and plenty of things happening. Enjoy.
Oklahoma still requires a carry license. That license is good for conceal or open carry.Larry didnt OK just pass OC w/o need for a license? Ive got my Tx CHL so i know i can OC when in OK.
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Larry didnt OK just pass OC w/o need for a license? Ive got my Tx CHL so i know i can OC when in OK.
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Oklahoma still requires a carry license. That license is good for conceal or open carry.
With some exceptions.
TITLE 21 § 1289.6 CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED
A. A person shall be permitted to carry loaded or unloaded shotguns, rifles and pistols, open and not concealed, and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:
1. When hunting animals or fowl;
2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;
3. During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces;
4. During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials;
5. During a practice for or a performance for entertainment purposes;
6. For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person; or
7. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms
http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2014.pdf
With some exceptions.
TITLE 21 § 1289.6 CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED
A. A person shall be permitted to carry loaded or unloaded shotguns, rifles and pistols, open and not concealed, and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:
1. When hunting animals or fowl;
2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;
3. During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces;
4. During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials;
5. During a practice for or a performance for entertainment purposes;
6. For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person; or
7. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms
http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2014.pdf
So to clear up a question... Firearm can not be loaded while in a vehicle W/O SDA lic?
So to clear up a question... Firearm can not be loaded while in a vehicle W/O SDA lic?
There are exceptions. One is that if your in the vehicle with a licensed sda holder and you do nit have an sda These are covered in detail in the sda book.
It is only my opinion, but I believe this statute just provides that the non-licensed individual cannot be charged with anything just because they are in the car with someone who has a license and is has a loaded firearm. I do not believe this allows the unlicensed person to carry a loaded firearm on the other person's license.
The opinion of a lawyer on this particular interpretation would be a good thing.
So to clear up a question... Firearm can not be loaded while in a vehicle W/O SDA lic?
From My understanding without a license the gun (handgun) has to be in a case designed for carrying a firearm and be wholly or partially visable and that the weapon has to be unloaded but doesn't clearly say the magazine cant be loaded and in the same case.
And if one is caught committing no otger crime than carrying a loaded firearm then there is no duty for an officer to confiscate and is only a 70$ ticket/fine plus court costs. But there is some gray around that to me as the section 1289.13 says punsihable by 1289.15 which has a potential for a bigger fine and potential jail time. So I would consult an attorney for clarification.
TITLE 21 § 1289.13 TRANSPORTING A LOADED FIREARM
Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it shall be unlawful to transport a loaded pistol, rifle or shotgun in a land borne motor vehicle over a public highway or roadway. However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid handgun license pursuant to the Oklahoma Self-Defense Act.
Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a handgun, concealed or unconcealed, and is carrying a handgun or has a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.
TITLE 21 § 1289.13A IMPROPER TRANSPORTATION OF FIREARM
A. Notwithstanding the provisions of 1272 or 1289.13 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid handgun license authorized by the Oklahoma Self-Defense Act or valid license from another state, whether the loaded firearm is concealed or unconcealed in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law.
B. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self- Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license shall not be confiscated, unless:
1. The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person; or
2. The officer has probable cause to believe the weapon is:
a. contraband, or
b. a firearm used in the commission of a crime other than a violation of subsection A of this section.
C. Nothing in this section shall be construed to require confiscation of any firearm.
TITLE 21 § 1289.15 PENALTY FOR FIREARMS ACT OF 1971
Any person adjudged guilty of violating any provision of Section 1289.9, 1289.10, 1289.11, 1289.12 or 1289.13 of this title shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment.