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open carry while fishing in oklahoma?

freeman1126

New member
Joined
Nov 8, 2012
Messages
2
Location
Fort Gibson, OK
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
 

okiebryan

Regular Member
Joined
Sep 26, 2011
Messages
447
Location
Director, Oklahoma Open Carry Association
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.
 

jrz_dad

Regular Member
Joined
Nov 21, 2012
Messages
34
Location
Rural Lawton / Elgin Area
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?
 

okiebryan

Regular Member
Joined
Sep 26, 2011
Messages
447
Location
Director, Oklahoma Open Carry Association
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. :)
 

Bullbuster

Regular Member
Joined
Feb 18, 2008
Messages
579
Location
Oklahoma City, Oklahoma, USA
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.
 

jrz_dad

Regular Member
Joined
Nov 21, 2012
Messages
34
Location
Rural Lawton / Elgin Area
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.)"
 

hrdware

Regular Member
Joined
Feb 8, 2011
Messages
740
Location
Moore, OK
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.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
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.
 

jrz_dad

Regular Member
Joined
Nov 21, 2012
Messages
34
Location
Rural Lawton / Elgin Area
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...
 

Aknazer

Regular Member
Joined
Mar 6, 2011
Messages
1,760
Location
California
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.
 

okiebryan

Regular Member
Joined
Sep 26, 2011
Messages
447
Location
Director, Oklahoma Open Carry Association
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?"
 
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