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Thread: Clarification

  1. #1
    Regular Member djdavis75's Avatar
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    Question Clarification

    Just a few questions about carry in Oklahoma...

    My understanding of the law is you can openly carry a rifle or shotgun in your vehicle, loaded, but no round in the chamber, anywhere you can carry your pistol in a vehicle. Is that correct? Assuming you have a Handgun License that is.

    Is it legal, with a permit, to have a loaded firearm in your vehicles, in the parking lot, of a federal building like a Post Office?

    Just a few questions that came up...making sure I understand the law correctly.
    Glock 29 Gen3 10mm Auto
    Colt M4 (LE6920MP-B) 5.56mm NATO
    Mossberg 590 12 Gauge

    McCurtain County, Oklahoma, USA

  2. #2
    Regular Member okiebryan's Avatar
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    If I recall correctly, the Federal court decision that said that the post office could not enforce a ban in the parking lot in a locked vehicle was NOT the same circuit that serves Oklahoma, so that decision may not be binding here.

    However, and I am NOT a lawyer... my question would be, how would the postal service have any reason to search your vehicle lawfully parked in their parking lot?

    Your question about magazine loaded and not chamber loaded long guns... yes it is legal to carry a long gun in this condition in your car IF you are a handgun licensee holder. I'd hide it, though... if for no other reason, to eliminate the temptation to break in your car.

  3. #3
    Regular Member okiebryan's Avatar
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    TITLE 21 § 1289.7 FIREARMS IN VEHICLES
    Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at
    any time. For purposes of this section “open” means the firearm is transported in plain view, in a case designed for carrying
    firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or
    a trunk of a vehicle.
    Any person, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat of
    the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded. The
    authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title.
    Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed
    pursuant to the Oklahoma Self-Defense Act to carry a handgun, concealed or unconcealed, and is carrying a handgun or
    has the handgun in such vehicle, shall not be deemed in violation of the provisions of this section provided the licensee is in
    or near the vehicle.

    TITLE 21 § 1289.13 TRANSPORTING A LOADED FIREARM
    Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it shall
    be unlawful to transport a loaded pistol, rifle or shotgun in a land borne motor vehicle over a public highway or roadway.
    However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an
    exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle
    notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid handgun license
    pursuant to the Oklahoma Self-Defense Act.
    Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of this title.
    Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed
    pursuant to the Oklahoma Self-Defense Act to carry a handgun, concealed or unconcealed, and is carrying a handgun or
    has a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided
    the licensee is in or near the vehicle.

  4. #4
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    Current Law

    18 USC § 930 - Possession of firearms and dangerous weapons in Federal facilities

    US Code
    Notes
    Updates
    Authorities (CFR)

    Current through Pub. L. 113-31. (See Public Laws for the current Congress.)
    (a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
    (b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
    (c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
    (d) Subsection (a) shall not apply to—
    (1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
    (2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
    (3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
    (e)
    (1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
    (2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
    (f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
    (g) As used in this section:
    (1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
    (2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 21/2 inches in length.
    (3) The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.
    (h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.



    Acording to this Parking Lots are OK.

  5. #5
    Regular Member okiebryan's Avatar
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    Yes, but... Some federally owned properties are different, depends on which agency owns them. Parking lots at National parks are no problem, but USPS has a prohibition on the property which may not stand after the circuit court decision. You will not be able to stand on that state parking lot law if caught on tinker afb or in a parking lot at faa.

    I don't worry about the post office parking lot, personally. I figure if I have to go through security to enter the property, and it's federal property, I better not have a gun in the vehicle.

  6. #6
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    The postal service is regulated under 39 CFR. Under 39 CFR section 232.1 (linky) a person may not be in possession of a firearm while on postal property.

    The Colorado case was judged in Federal District court and while Oklahoma is in the same Circuit as Colorado, the District court ruling would not apply here. If the state appeals the case to the circuit court and the ruling goes the same way, it would apply here as well.
    I am not a lawyer and nothing I say should be accepted as legal advice

  7. #7
    Regular Member Robert318's Avatar
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    TITLE 21 § 1277 UNLAWFUL CARRY IN CERTAIN PLACES
    A. It shall be unlawful for any person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act to carry any concealed or unconcealed handgun into any of the following places:
    1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;

    7. Any other place specifically prohibited by law. (notice the trap door)

    B. For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
    1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority,

    Nothing contained in any provision of this subsection shall be construed to authorize or allow any person in control of any place described in paragraph 1, 2, 3, 5 or 6 of subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license from possession of a handgun allowable under such license in places described in paragraph 1, 2, 3, or 4 of this subsection.

    The only exception that I'm aware of would be as Brian stated earlier and that is property that has a secured entrance whereas one has to go through said check point to even get on the property such as a military base or the FAA or Indian land as they fall under a sovereign authority.

    Some laws are and can be very confusing as to the legality of one having the right to bear arms therefore having the affect as to disarm honest law abiding citizens for fear of persecution.
    What part of SHALL NOT BE INFRINGED is unclear!!
    What part of SHALL NOT BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS is unclear!! Legislation is not due process!!
    Man this crap burns my ass!!

    Side note I saw an old timer with a security uniform and badge get out of a private vehicle and went into and out of a post office all while carrying a big shiny revolver on his waste. I'm pretty sure he wasn't performing duties under the course of his employment at the time,lol.
    Last edited by Robert318; 09-15-2013 at 11:24 PM.
    Stay safe and God bless.

    Everyone will hate you because of me.
    But not a hair of your head will perish.
    Stand firm, and you will win life.
    (Luke 21:17-19 NIV)

    "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." Benjamin Franklin

    "The God who gave us life, gave us liberty at the same time; the hand of force may destroy, but cannot disjoin them.",
    "No freeman shall be debarred the use of arms."Thomas Jefferson

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