First off, IANAL (I am not a lawyer).
HB 1400 is the bill that would "allow" open carry in the state of OK.
HB 1400 would modify Title 21 Section 1289.6 (Conditions under which firearms may be carried) to include the following reason why people could openly carry a loaded or unloaded firearm:
There is already language in this section of code that states:When carried in a holster that is wholly or partially visible or in a scabbard or case designed for carrying firearms that is wholly or partially visible and the person is eighteen (18) years of age or older; or
Now, since Title 21 starts off my sayingFor any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title or any legislative enactment regarding the use, ownership and control of firearms.
I then submit that since the legislature of the state notes the lawful use of firearms in defense of life, home and property, then that must make it a legitimate purpose. Therefore open carry under 1289.6 is already legal due to defense of life, home, and property begin legitimate.The Legislature finds as a matter of public policy and fact that it is necessary for the safe and lawful use of firearms to curb and prevent crime wherein weapons are used by enacting legislation having the purpose of controlling the use of firearms, and of prevention of their use, without unnecessarily denying their lawful use in defense of life, home and property, and their use by the United States or state military organizations and as may otherwise be provided by law, including their use and transportation for lawful purposes.
I am going to send my thoughts on this to the representative who authored HB1400. I think all that needs to be done is to define the word "open" as it relates to section 1289.6. It seems to me that is all that the amendment is really doing anyway.
Now, the assignment.
I would like each person to contact local law enforcement and ask them what would happen to a person openly carrying a holstered pistol. Ask what code or statute they may be cited under and post the answer here.
After I hear back or talk to the author of this bill, I will post what he says.
Once again IANAL