News:

Long overdue maintenance happening. See post in the top forum.

Main Menu

Oklahoma Open Carry begins Nov. 1st

Started by Hoss, October 21, 2012, 08:41:15 AM

Previous topic - Next topic

Will you open carry?

Yes
2 (9.5%)
No
12 (57.1%)
Don't have a permit
6 (28.6%)
Plan on getting a permit and yes
1 (4.8%)
Plan on getting a permit and no
0 (0%)

Total Members Voted: 20

Voting closed: October 31, 2012, 08:41:15 AM

BKDotCom

Quote from: Hoss on October 21, 2012, 01:30:47 PM
Uh, wrong again.  If somehow my concealed status is breached by a shirt-tail riding up, I won't be breaking the law.  Not quite sure where you get that from.  Because as of right now, my new CCL says 'Oklahoma Handgun License'.

Doesn't say a damned thing about Concealed, Open or a hybrid of the two.
............
This is why I wish people would read the statute instead of guessing.   ::)

My bad.  someone else had told me that..  I blame them.     (I have thoroughly read the non-open version of the SDA)
All I know is I have zero intention of openly carrying.    What is the mindset of someone that wishes to openly carry?

Hoss

Quote from: BKDotCom on October 21, 2012, 07:57:11 PM
My bad.  someone else had told me that..  I blame them.     (I have thoroughly read the non-open version of the SDA)
All I know is I have zero intention of openly carrying.    What is the mindset of someone that wishes to openly carry?

Not a problem.  Always better to read the law (I know, it's long winded but it was required) than to let someone inform you incorrectly.

And for me, I have zero intention of carrying fully open.  As I said, I am a bit bigger dude, and either way (thinner or thicker) I'm not a big fan in IWB carry, so right now I have a Fobus paddle for the XD .45.  That thing is large though (I have the 4" Service model) and difficult to wear unless you use a paddle.  It sits high and I wear it small of the back.  I have a smaller weapon on order though that will be my primary carry piece and the .45 will be my desk drawer piece.

It just makes it where LEO can't cite you for non-concealment if you have a 'wardrobe malfunction'.

heironymouspasparagus

"So he brandished a gun, never shot anyone or anything right?"  --TeeDub, 17 Feb 2018.

I don't share my thoughts because I think it will change the minds of people who think differently.  I share my thoughts to show the people who already think like me that they are not alone.

patric

Doing a little digging, I found the exemption for Living History and historical reenactments:

TITLE 21 § 1272 UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded... , except this section shall not prohibit:
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
...
5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, living history reenactment means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.


If there's an exemption for motion picture or television production, I havent found it yet.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Is there a more up-to-date link than this?
"Tulsa will lay off police and firemen before we will cut back on unnecessarily wasteful streetlights."  -- March 18, 2009 TulsaNow Forum

Hoss

Quote from: patric on October 21, 2012, 09:05:58 PM
Doing a little digging, I found the exemption for Living History and historical reenactments:

TITLE 21 § 1272 UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded... , except this section shall not prohibit:
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
...
5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, living history reenactment means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.


If there's an exemption for motion picture or television production, I havent found it yet.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Is there a more up-to-date link than this?

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2012.pdf

This link includes the changes made by SB1733

heironymouspasparagus

Sounds like we could have gotten a couple of 1930's cars, some zoot suits, a couple of tommy guns and done a Chicago gangland style hit re-enactment in downtown Tulsa after all....  lost opportunity!!

"So he brandished a gun, never shot anyone or anything right?"  --TeeDub, 17 Feb 2018.

I don't share my thoughts because I think it will change the minds of people who think differently.  I share my thoughts to show the people who already think like me that they are not alone.

custosnox

Quote from: Hoss on October 21, 2012, 06:51:06 PM
Still doesn't keep you from carrying legally open or concealed as long as you are on your own property.  Step outside of that, then yes, you cannot.
well, obviously things are a whole different story on your own property, but that's not what this discussion is about. 

I am happy to discover that I have a 30 grace period on my license before I have to stop carrying, so I might be okay.

Red Arrow

Quote from: custosnox on October 21, 2012, 10:19:35 PM
well, obviously things are a whole different story on your own property, but that's not what this discussion is about. 

I am happy to discover that I have a 30 grace period on my license before I have to stop carrying, so I might be okay.

What does the license cost?
 

custosnox

Quote from: Red Arrow on October 21, 2012, 10:46:46 PM
What does the license cost?
To renew 85 for 5 years.  The initial cost was more.  I don't remember what the license cost was, but there was the additional costs of the class and background checks.  I think there might have been some other various fees, but I don't remember for sure.

BKDotCom

#24
Quote from: custosnox on October 21, 2012, 11:54:21 PM
To renew 85 for 5 years.  The initial cost was more.  I don't remember what the license cost was, but there was the additional costs of the class and background checks.  I think there might have been some other various fees, but I don't remember for sure.

Can anyone say what the law says about carrying (openly or concealed) into a business with a no-guns sign posted.

Hoss

Quote from: BKDotCom on October 22, 2012, 06:39:49 AM
Now if anyone say what the law says about carrying (openly or concealed) into a business with a no-guns sign posted.

Businesses CAN restrict if you carry open or concealed, but there's no law you'd be breaking outside of trespassing.  You can enter the business, but if mgmt asks you to leave and you refuse, you'd be guilty of trespassing at the worst.  The signs really have no legal status in Oklahoma is my understanding.

Hoss

Quote from: custosnox on October 21, 2012, 11:54:21 PM
To renew 85 for 5 years.  The initial cost was more.  I don't remember what the license cost was, but there was the additional costs of the class and background checks.  I think there might have been some other various fees, but I don't remember for sure.

There is a 10 year option (which I chose) initially for 200; renewal is 170

BKDotCom

Quote from: Hoss on October 22, 2012, 06:55:14 AM
Businesses CAN restrict if you carry open or concealed, but there's no law you'd be breaking outside of trespassing.  You can enter the business, but if mgmt asks you to leave and you refuse, you'd be guilty of trespassing at the worst.  The signs really have no legal status in Oklahoma is my understanding.
That's what I've always heard, and that's what makes sense.  Just haven't seen anything official (or know what would apply)

heironymouspasparagus

Quote from: Hoss on October 22, 2012, 06:55:14 AM
Businesses CAN restrict if you carry open or concealed, but there's no law you'd be breaking outside of trespassing.  You can enter the business, but if mgmt asks you to leave and you refuse, you'd be guilty of trespassing at the worst.  The signs really have no legal status in Oklahoma is my understanding.


Fine from $100 to 250 for first offense, plus 30 - 90 days in jail.  License suspended for 6 months, with $50 reinstatement fee.

Title 21  Section 1276.

There are lots of other conditions, but section 1272 seems to apply the most....



"So he brandished a gun, never shot anyone or anything right?"  --TeeDub, 17 Feb 2018.

I don't share my thoughts because I think it will change the minds of people who think differently.  I share my thoughts to show the people who already think like me that they are not alone.

Hoss

Quote from: heironymouspasparagus on October 22, 2012, 08:43:09 AM

Fine from $100 to 250 for first offense, plus 30 - 90 days in jail.  License suspended for 6 months, with $50 reinstatement fee.

Title 21  Section 1276.

There are lots of other conditions, but section 1272 seems to apply the most....





But  1272 states the following:
Quote
2. The carrying or use of weapons in a manner otherwise permitted by
   statute or authorized by the Oklahoma Self-Defense Act, Section 1290.1
   et seq. of this title; or

So you need to loop back around.

Again, you cannot get your license suspended for trespassing as a result of having a firearm when you are asking by a business to leave.  Certain facitlities?  Yes.  Including arenas during sports events, and any federal, state, county or municipal building.  I've gone round and round with several people knowing the law and with my instructor in July.  You can be fined as per the statute allows for trespassing, is my understanding.

If you don't complay, do so at your peril.  I just refrain from giving those places my business now.