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Thread: Misinformation on open carry site?

  1. #1
    Regular Member mlr's Avatar
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    Misinformation on open carry site?

    https://www.facebook.com/opencarryok
    On the above site I found a link to the following article.
    http://newsok.com/new-open-carry-law..._lead_business

    This is written in a Q and A format supposedly to help Oklahoma business with their questions and concerns with the new open carry laws. The following quote is from his article.

    "SB 1733 specifically prohibits carrying firearms on properties owned or leased by the city, state or federal government, at corrections facilities, in schools or college campuses, liquor stores and at sports arenas during sporting events."

    I did a search for the author and found out that he is a practicing attorney in Oklahoma. Could someone point out to me where the new law specifically prohibits carrying firearms in liquor stores? In or on properties owned or leased by city, state or federal government? These prohibitions were not in the old law.

    Michael

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    Regular Member okiebryan's Avatar
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    This liquor store thing originated with the press release the Governor's office put out when SB1733 was signed. It was an error that has been propagated all over the place. We know that it's an error, but unfortunately there's no way to take it back once it's out there.

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    Regular Member Maine Expat's Avatar
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    Can I assume the law says no firearms where liquor is SERVED (for consumption) as opposed to SOLD?

    I have yet to see a liquor store where they let you hang out and drink your purchases.
    “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” ― Plato

    Plato knew this yet today's antis still don't get it!

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  4. #4
    Regular Member mlr's Avatar
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    Quote Originally Posted by okiebryan View Post
    This liquor store thing originated with the press release the Governor's office put out when SB1733 was signed. It was an error that has been propagated all over the place. We know that it's an error, but unfortunately there's no way to take it back once it's out there.
    A much larger concern on my part is the idea that if a property is owned or leased by the city, state or federal government that weapons are not allowed. This is false in the majority of cases involving government owners or leased buildings and properties. The only government controlled properties where firearms are prohibited are those used for doing its business with the public. In the rest of them firearms are not prohibited.

    Michael

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    Here is the exact portion of the law in regards to liquor stores:

    Quote Originally Posted by Title 21 Section 1272.1 Paragraph A
    It shall be unlawful for any person to carry or possess any
    weapon designated in Section 1272 of this title in any establishment
    where low-point beer, as defined by Section 163.2 of Title 37 of the
    Oklahoma Statutes, or alcoholic beverages, as defined by Section 506
    of Title 37 of the Oklahoma Statutes, are consumed. This provision
    shall not apply to a peace officer, as defined in Section 99 of this
    title, or to private investigators with a firearms authorization
    ENR. S. B. NO. 1733 Page 4
    when acting in the scope and course of employment, and shall not
    apply to an owner or proprietor of the establishment having a
    pistol, rifle, or shotgun on the premises. Provided however, a
    person possessing a valid concealed handgun license pursuant to the
    provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq.
    of this title may carry the concealed handgun into
    any restaurant or other establishment licensed to dispense low-point
    beer or alcoholic beverages where the sale of low-point beer or
    alcoholic beverages does not constitute the primary purpose of the
    business.
    Provided further, nothing in this section shall be interpreted
    It is also important to note that the misinformation comes from the Daily Oklahoman and their reporter than from the Oklahoma Open Carry Association. We link news stories about open carry as we find them.
    I am not a lawyer and nothing I say should be accepted as legal advice

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    Regular Member okiephlyer's Avatar
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    Quote Originally Posted by hrdware View Post
    Here is the exact portion of the law in regards to liquor stores:



    It is also important to note that the misinformation comes from the Daily Oklahoman and their reporter than from the Oklahoma Open Carry Association. We link news stories about open carry as we find them.
    If I read your quoted text correctly, I can carry concealed in establishments that serve alcohol, but not openly. Am I reading it right or wrong?

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    Quote Originally Posted by oklaccer View Post
    If I read your quoted text correctly, I can carry concealed in establishments that serve alcohol, but not openly. Am I reading it right or wrong?
    The quoted law is what is current. After Nov 1 the new law will go into effect and you will be able to open carry in the same places you can concealed carry. It is important to note that carrying anywhere alcohol is served is/will be legal as long as the serving of alcohol is not the primary purpose of the business.
    I am not a lawyer and nothing I say should be accepted as legal advice

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    Regular Member okiephlyer's Avatar
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    Quote Originally Posted by hrdware View Post
    The quoted law is what is current. After Nov 1 the new law will go into effect and you will be able to open carry in the same places you can concealed carry. It is important to note that carrying anywhere alcohol is served is/will be legal as long as the serving of alcohol is not the primary purpose of the business.
    Thanks for the clarification. I haven't been in one of those places in almost 20 years, and see no reason to break the status quo.

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    So it is legal to carry in a liquor store?

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    Quote Originally Posted by MM_45 View Post
    So it is legal to carry in a liquor store?
    Unless they are posted, yes.
    I am not a lawyer and nothing I say should be accepted as legal advice

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    Ok thank you i thought it was just wasnt sure when someone told me that Title 21 section 1272.1 just went by the sale of alcohol in general irregardless if its sold for on premise consumption r not.

  12. #12
    Regular Member mlr's Avatar
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    Quote Originally Posted by MM_45 View Post
    Ok thank you i thought it was just wasnt sure when someone told me that Title 21 section 1272.1 just went by the sale of alcohol in general irregardless if its sold for on premise consumption r not.
    That is how we ended up with all these rumorers about not being able to carry in all government owned or leased buildings. Only reading half of the clause.

    Michael

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