Open Carry, HB3354, Passes In Oklahoma

[Conan71]

Via email:

"Open Carry

The Oklahoma House today, May 4, passed HB3354, which has "open carry" as a provision.　 The vote was 61 Yeas, 37 Nays, with 3 excused.
　
This bill originated in the House under he authorship of Rex Duncan (R).　 In Duncan's bill it provided for retaining the confidentiality of SDA license holders.　 When it was sent to the Senate where it was authored by Sen. Anthony Sykes to Include current SDA law amended by striking "concealed" throughout the bill.  This would　permit "open carry."`　 It was passed in the Senate on April 21 by a vote of 33 Yea, 13 Nay, and was returned to the House.
　
It is not known if Gov. Henry will sign or veto this bill.　 Should he veto it, an override may be difficult considering the final vote in the House."

What is interesting is most people I know with an SDA (conceal-carry permit) license do not favor open carry, especially some people who have had great influence on existing firearms laws.  I don't see a lot of people resorting to open carry due to this bill.  There's good reasons for keeping a firearm concealed.

[custosnox]

Most that I know that have CC, myself included, welcome this law.  For them it really comes down to two things, one being it is no longer illegal if your shirt rides up and exposes the gun, and the other being that is is really hard to carry concealed in the summer.  I don't see a lot of people carrying in the open after this, but I can see the practical application of it.  Of course, anyone who really wanted to before could have gotten their Armed PI license, which allows you to carry open or concealed, on or off duty.

[Townsend]

I hear spur sounds and "Man with no Name" whistles each time a door opens in my future.

[custosnox]

I hear spur sounds and "Man with no Name" whistles each time a door opens in my future.

I really don't know where people get this idea that it's going to turn into the wild west.  40 other states have open carry in some form or another and don't have this problem.  New Mexico has an open carry law that only says you have to have your gun licensed, which is required of all firearms.  Not sue why so many get the impression that Oklahoma will be any differant.

[Townsend]

I really don't know where people get this idea that it's going to turn into the wild west.  40 other states have open carry in some form or another and don't have this problem.  New Mexico has an open carry law that only says you have to have your gun licensed, which is required of all firearms.  Not sue why so many get the impression that Oklahoma will be any differant.

It was a failed attempt at humor.

I don't see wild West at all.  If anyone walked up to just about anyone I knew and had 6 shooter tied to his/her hip, they'd quickly be moved away from.

They might as well have a skunk or rotting squirrel tied around their neck for the popularity it will bring them.

edited to add:  I'm a happy gun owner that only carries on the way to the range.

[Conan71]

Most that I know that have CC, myself included, welcome this law.  For them it really comes down to two things, one being it is no longer illegal if your shirt rides up and exposes the gun, and the other being that is is really hard to carry concealed in the summer.  I don't see a lot of people carrying in the open after this, but I can see the practical application of it.  Of course, anyone who really wanted to before could have gotten their Armed PI license, which allows you to carry open or concealed, on or off duty.

The theory I'm hearing is that it would be easier for some POS to make a grab for your gun if they knew you had it on you. As well, citizens openly displaying firearms can have a negative connotation and possibly more fodder for tighter federal gun laws due to overblown images of "Tea Partiers" and "the far right fringe" showing up at political rallies with side arms.  I took my SDA course this last Saturday from Paul Able in Shawnee.  He's a career LEO and has trained countless others.  As well, he's helped write the language of quite a few state gun laws as the legal director for ORA.  He doesn't like the idea, but did say it cleaned up some of the lingering issues of CC.

I can see the point that open carry advocates have, and along with the premise you stated about if your shirt rides up it's no longer an issue of course that's always been at the discretion of an LEO as to whether or not to be a stickler about it, much like enforcing other laws.  

[custosnox]

The theory I'm hearing is that it would be easier for some POS to make a grab for your gun if they knew you had it on you. As well, citizens openly displaying firearms can have a negative connotation and possibly more fodder for tighter federal gun laws due to overblown images of "Tea Partiers" and "the far right fringe" showing up at political rallies with side arms.  I took my SDA course this last Saturday from Paul Able in Shawnee.  He's a career LEO and has trained countless others.  As well, he's helped write the language of quite a few state gun laws as the legal director for ORA.  He doesn't like the idea, but did say it cleaned up some of the lingering issues of CC.

I can see the point that open carry advocates have, and along with the premise you stated about if your shirt rides up it's no longer an issue of course that's always been at the discretion of an LEO as to whether or not to be a stickler about it, much like enforcing other laws. 

I wouldn't worry too much about people making grabs for guns.  If this was going to be an issue you would be seeing a lot more security guards getting theirs taken.  We have plenty of citizens already carrying in this form.  The training on keeping their gun is about like their training on using pepper spray "spray this into the wind and see what happens.   Okay, now you know how to use it, go have fun".  Same goes for those with PI license, especially since they can open carry and not have a uniform. 
Personally I think the biggest problems with this will come in the beginning when the billy bad a$$es slap a gun on their side and go out trying to act all bad a$$.  You won't see a lot of them, but those that you do are going to give a bad name to those who carry for defense, and will, to paraphrase you, be catagorized as the "far right wing tea partiers".  So I can see how these idiots will cause problems over all.

I really don't see many LEO's pushing the issue of the shirt riding up, but the fact that they could makes you worry about it when you do carry.  I think I also push on this because I carry a desert eagle, and it can get really hard to conceal at times since it's not exactly a small gun.  I know, get a smaller gun, but I can't afford to do that right now, and I wasn't thinking conceal carry when I bought it. It would also be nice to be able to put a paddle holster on and cover it with my jacket and not worry about wind blowing or anything like that.  I think I like the idea of "mostly concealed"

[Conan71]

Mr. Able also said LEO's selectively create their own interpretation of gun laws quite often. 

[custosnox]

That does not surprise me in the least.  After all, law is always open to interpretation.

[Conan71]

That does not surprise me in the least.  After all, law is always open to interpretation.

Sort of like the "I have a right to not be offended" clause of the U.S. Constitution 

[godboko71]

I am a lazy liberal and am indifferent to the outcome of this law. Why? Because I hope most use common sense and those who don't will most likely break other laws and be dealt with accordingly. I like guns though I personally only have an interest in shooting at the range and not to carry a gun around.

[Ed W]

I wonder if some municipalities will adopt laws forbidding open carry, though I don't know the legality of doing so.  Local governments may enact laws that are more restrictive than state law (when it comes to bicycles, for instance) yet they cannot adopt laws that are less restrictive than the state.  So Broken Arrow could allow open carry yet Tulsa could forbid it.

Do any of you know if this is possible?

[custosnox]

I wonder if some municipalities will adopt laws forbidding open carry, though I don't know the legality of doing so.  Local governments may enact laws that are more restrictive than state law (when it comes to bicycles, for instance) yet they cannot adopt laws that are less restrictive than the state.  So Broken Arrow could allow open carry yet Tulsa could forbid it.

Do any of you know if this is possible?

I believe there is a city in michigan that has banned handguns outright that has come under fire recently.  I think there are several more examples across the nation but can't remember the exact examples. So it seems that, at least in other states, a municiple can make these restriction. I don't know of any reason why they couldn't here, depending on the wording of the new law.

[nathanm]

While I understand the concerns of CCW holders regarding unintentionally exposing one's weapon, I don't think this law is the right way to address the situation.

Semi-concealed is just a bad idea. As a CCW holder, you'll probably find your life a lot easier if you keep the gun out of sight. People understandably get uncomfortable around people who are carrying, meaning you may find yourself in a discussion with the police about the situation thanks to some well-meaning person who saw the gun under your jacket.

I don't really care that much, although I will be sad to see loons open carrying at political rallies that have nothing to do with guns. It looks bad, and it can intimidate others. (whether or not they should be intimidated is another story)

[TheArtist]

  I have been to other states and seen people with guns.  It was just someone with a gun, no big deal.  I didn't think anything about it until this topic had come up here.  After a few weeks I am sure it will become part of the natural, every day background like in those other places.  I think some of the guns and holsters can be rather neat looking, especially the old  antique, ornate ones.