Results 1 to 13 of 13

Thread: open carry while fishing in oklahoma?

  1. #1
    Regular Member
    Join Date
    Nov 2012
    Location
    Rural Lawton / Elgin Area
    Posts
    35

    open carry while fishing in oklahoma?

    Are we allowed to carry while fishing here in oklahoma? I'm having a hard time finding a clear answer on it...can anyone help?

  2. #2
    Regular Member okiebryan's Avatar
    Join Date
    Sep 2011
    Location
    Director, Oklahoma Open Carry Association
    Posts
    449
    I'm not an expert on Oklahoma hunting and fishing laws, but I do know that you cannot carry on Army Corps of Engineers property. MANY Oklahoma lakes are COE property.

  3. #3
    Regular Member
    Join Date
    Nov 2012
    Location
    Fort Gibson, OK
    Posts
    2
    Quote Originally Posted by jrz_dad View Post
    Are we allowed to carry while fishing here in oklahoma? I'm having a hard time finding a clear answer on it...can anyone help?
    Okie Bryan is right . . . My kids and I were fishing behind the Fort Gibson dam late one night and the only people other than us was one more family.he conservation agent walked up and I handed him my fishing license along with my CCL. He asked me if I was carrying and I told him yes. He told me "you need to go lock it in your car, this (COE) is federal property" . . . I said can I ask you a question first . . . He replied yes . . . I asked him if someone comes down here to rob us will they leave their gun in the car since its federal property ? ? ? He just grinned and I went and placed it in the car

  4. #4
    Regular Member okiebryan's Avatar
    Join Date
    Sep 2011
    Location
    Director, Oklahoma Open Carry Association
    Posts
    449
    Quote Originally Posted by freeman1126 View Post
    Okie Bryan is right . . . My kids and I were fishing behind the Fort Gibson dam late one night and the only people other than us was one more family.he conservation agent walked up and I handed him my fishing license along with my CCL. He asked me if I was carrying and I told him yes. He told me "you need to go lock it in your car, this (COE) is federal property" . . . I said can I ask you a question first . . . He replied yes . . . I asked him if someone comes down here to rob us will they leave their gun in the car since its federal property ? ? ? He just grinned and I went and placed it in the car
    Ok, I did some checking. In Oklahoma, the handgun license means that you can carry under the SDA notwithstanding any hunting regs. In other words, if you are bowhunting, fishing, whatever you can carry concealed or unconcealed under authority of the SDA.

    The COE provision is not just because it's "federal property". There is a lot of federal property where carry is just fine. National parks and BLM land is OK for carry, they just never have removed the restriction on COE property. It's not heavily enforced, but it can be a problem. My family has a cabin out at Lake Eufaula, and COE land is exactly 22 feet from the back porch. We have to traverse COE land to get to the boat. Carried for a long time concealed to and from the boat before I ever knew it was prohibited.

    We were working on getting this fixed, but in the current federal legislative environment, I don't see it happening right now.

  5. #5
    Regular Member
    Join Date
    Nov 2012
    Location
    Rural Lawton / Elgin Area
    Posts
    35
    so far so good guys...we are planning on fishing at Medicine park for some trout so that's why I asked the question...now another question I have is that if I am carrying and am approached by a wildlife enforcement officer, am I required to show them the permit as well as inform them I am carrying?

  6. #6
    Regular Member okiebryan's Avatar
    Join Date
    Sep 2011
    Location
    Director, Oklahoma Open Carry Association
    Posts
    449
    The law says that you must notify in the event of "an arrest, detention, or traffic stop". I don't know if checking you for a fishing license legally constitutes a detention. I would not notify in the instance if it were me, but I'm brave like that. :-)

  7. #7
    Regular Member
    Join Date
    Feb 2008
    Location
    Oklahoma City, Oklahoma, USA
    Posts
    580
    Quote Originally Posted by jrz_dad View Post
    so far so good guys...we are planning on fishing at Medicine park for some trout so that's why I asked the question...now another question I have is that if I am carrying and am approached by a wildlife enforcement officer, am I required to show them the permit as well as inform them I am carrying?

    While I haven't OC'd in Medicine Park yet I have CC'd a hundred times while fishing the creek. My best friend lives in and works for the town of MP. You shouldn't have any problems as its city property even though its listed as a new trout fishery. A city fishing permit is required however and they will cite you for that and they do check. The city police station is located in town hall right on the river near the swimming area. Stop in and ask they are nice friendly LEO's.
    AD1(AW) USN (ACT) 12/07/1997-10/02/2011
    TSgt USAFR 10/03/2011-?
    Owner-Bullbuster Taxidermy
    Kids who hunt and fish, don't steal and deal

  8. #8
    Regular Member
    Join Date
    Nov 2012
    Location
    Rural Lawton / Elgin Area
    Posts
    35
    Quote Originally Posted by Bullbuster View Post
    While I haven't OC'd in Medicine Park yet I have CC'd a hundred times while fishing the creek. My best friend lives in and works for the town of MP. You shouldn't have any problems as its city property even though its listed as a new trout fishery. A city fishing permit is required however and they will cite you for that and they do check. The city police station is located in town hall right on the river near the swimming area. Stop in and ask they are nice friendly LEO's.
    Ballbuster - thats not the case anymore on the permits...this is from the MP website:

    "With the OWDC now stocking the trout, instead of the Town, you will no longer need a Medicine Park Permit. (This was for paying for the trout when the Town was doing the stocking.)"

  9. #9
    Regular Member
    Join Date
    Feb 2011
    Location
    Moore, OK
    Posts
    744
    Quote Originally Posted by jrz_dad View Post
    so far so good guys...we are planning on fishing at Medicine park for some trout so that's why I asked the question...now another question I have is that if I am carrying and am approached by a wildlife enforcement officer, am I required to show them the permit as well as inform them I am carrying?
    If you are OC and they ask for your permit, you are required to show them the permit. They are a law enforcement officer.
    I am not a lawyer and nothing I say should be accepted as legal advice

  10. #10
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by okiebryan View Post
    The law says that you must notify in the event of "an arrest, detention, or traffic stop". I don't know if checking you for a fishing license legally constitutes a detention. I would not notify in the instance if it were me, but I'm brave like that. :-)
    OK, fishing is a licensed activity under most circumstances....so why does not Delaware V Prouse stand here too?... random check for a license, of a licensed activity, is not legal according to the US Supreme Court.

    As for the CCL while fishing...The way I read the SDA is your concealed carry license is for purposes of self defense, not fishing. Why would you supply it anyway? Ya Ya...I know all about "must notify", but I never saw "Fishing" as a reason, as as stated earlier, I do not think a random check of a fishing license is legal either. I do believe that is why some states have you display your license in a trasparent holder, and you are required to have it pinned to the exterior of your clothing. That way the game warden can look, see the license and there is no 4A infringement. Kind of like Doctors are required to have their license posted for public view.

  11. #11
    Regular Member
    Join Date
    Nov 2012
    Location
    Rural Lawton / Elgin Area
    Posts
    35
    All good info provided folks...THANK YOU!!!...I probably would just 'wuss out' and show them the ID just to be on the safe side...hell, its not a big deal to pull it out of the wallet...now surrendering the gun would be a totally different scenario in my opinion....lol

    Wasnt trying to start any issue but only wanted to make sure I didnt do anything wrong AND wanted to make sure that I represented OC the correct way too...

  12. #12
    Regular Member
    Join Date
    Mar 2011
    Location
    California
    Posts
    1,797
    Quote Originally Posted by hrdware View Post
    If you are OC and they ask for your permit, you are required to show them the permit. They are a law enforcement officer.
    Which is questionable and possibly unconstitutional unless they have PC/RAS of a crime. Just as how one can't be stopped and asked for their driver's license without PC/RAS of another crime, the same can be said for carrying. Though yes it is in the law that you are to supply the permit if asked and one would need to be willing to go to court should they be unwilling to supply the permit.

  13. #13
    Regular Member okiebryan's Avatar
    Join Date
    Sep 2011
    Location
    Director, Oklahoma Open Carry Association
    Posts
    449
    Oklahoma Open Carry Association recommends, given the current wording in Oklahoma state law, that open carriers who are asked to produce a handgun license do so willingly. If the officer does anything more than inspect the license and hand it back, then ask for your license to be returned so that you can be on your way. If this isn't done immediately, then ask why you are being detained. "I don't consent to this encounter, and wish to be have my license returned to me and to be allowed to leave. Am I free to go?"

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •