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Thread: Car carry in OK? 21 and no CCW and traveling through. Is this permissible?

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    Car carry in OK? 21 and no CCW and traveling through. Is this permissible?

    Getting read to take a trip through OK and was wondering if a 21 year old with no CCW could legally vehicle carry through OK?

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    Only if it is unloaded

    Quote Originally Posted by OS 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.
    Quote Originally Posted by OS 21.1289.13 Transporting a 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 landborne 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.

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    Sorry to revive an old thread but just had a question about the law stated. How do I need to carry the ammo? Can it be in the magazine in the case with the gun ready to insert? Or even though I know they are talking about when the say " However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded..." is someone going to say well the magazines are loaded and it's not a rifle or shotgun. Or should I bring my revolver and have them in speed loaders or speed strips and avoid the magazine/clip issue altogether?

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    Quote Originally Posted by vtx View Post
    Sorry to revive an old thread but just had a question about the law stated. How do I need to carry the ammo? Can it be in the magazine in the case with the gun ready to insert? Or even though I know they are talking about when the say " However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded..." is someone going to say well the magazines are loaded and it's not a rifle or shotgun. Or should I bring my revolver and have them in speed loaders or speed strips and avoid the magazine/clip issue altogether?
    Nothing in the law states how you can transport the ammo. You can carry a loaded magazine in the case with the firearm and as long as the magazine is not in the firearm, you will be in compliance with the law. There are some older LEO that may still believe they have to be stored separately, but that is not the case.
    Last edited by hrdware; 11-17-2012 at 09:17 AM.
    I am not a lawyer and nothing I say should be accepted as legal advice

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    I thought open carry is ok in some Citys and Countys in Mo. If this is the case. Then would he not be allowed to open carry in Oklahoma is he was from a City that allowed?

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    Alright thanks. Just thought I'd ask since people come up with crazy ways to look at the law and it somehow holds up in court. OR at the very least the cop who busts you, tickets you, etc isn't punished for jackin you up and making you take care of incorrect paper work. In any case I was planning on printing off a copy of the legislation to have it in the case with me for paranoid reasons since I plan on obeying all traffic laws to never see lights flashing in my rear-view mirror. Is there a sight OK has to find all the legislation? I know that you copied and posted it correctly but here in NM if you say, "I printed this directly from DPS web site." they're going to know it's the latest and greatest and you're in the know.

    I used to live in Missouri and you can OC anywhere in Missouri unless it's stated that you can't. But if he's still around to read this well after his trip, where he's from doesn't change you have to have a permit to carry any form in OK from what I've been reading as of late.

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    ok well I found http://www.oklegislature.gov/ if you know the legislature number you can just look it up. I was hoping the print out would show what web address I got it from but the site makes you download it as an rtf file to view, save, or print. So anyway at least I can speak educated now instead of a friend of a friends cousin's friend who's a cop's brother's crack dealer's lawyer said....

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    Quote Originally Posted by MOTOCITYMX View Post
    I thought open carry is ok in some Citys and Countys in Mo. If this is the case. Then would he not be allowed to open carry in Oklahoma is he was from a City that allowed?

    You have to follow the laws of the state you are in, not the state you are from. Since he does not have a permit, he would not be allowed to carry open or concealed in OK.
    I am not a lawyer and nothing I say should be accepted as legal advice

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    Quote Originally Posted by vtx View Post
    ok well I found http://www.oklegislature.gov/ if you know the legislature number you can just look it up. I was hoping the print out would show what web address I got it from but the site makes you download it as an rtf file to view, save, or print. So anyway at least I can speak educated now instead of a friend of a friends cousin's friend who's a cop's brother's crack dealer's lawyer said....
    You can also print this: http://www.ok.gov/osbi/documents/SDA...k_NOV_2012.pdf

    Pretty much the same thing you already have, but it is the OK SDA book.
    I am not a lawyer and nothing I say should be accepted as legal advice

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    I first want to say that I am not a lawyer and the best legal advise would come from a lawyer that deals with gun laws regularly. But it's seems to me that alot of people forget about federal law. From my understanding if state laws dont exist regarding certain matters then and if federal law does then federal law goes. And the federal laws says you have to have the gun and ammo seperate if you are not licensed to have them together or the state you are in says something different.

    http://law.justia.com/codes/us/2010/...hap44/sec926a/

    926A. Interstate transportation of firearms
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

    Again this is just my understanding and that I am not a lawyer and you should consult a lawyer for actual legal advise. But we can always read or research the law for ourselves.

    Stay safe and God bless.
    Stay safe and God bless.

    Everyone will hate you because of me.
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    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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    Regular Member okiebryan's Avatar
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    You are correct that that law applies when state law does not provide for legal transport of your firearm. I've depended on and followed that law when traversing states like Illinois, New York, California, and New Jersey. Read the language in the law again. Notice that it entitles you to transport under those conditions NOTWITHSTANDING other local and state laws to the contrary. It does not restrict one to only that mode of carry in places where the law is less restrictive.

    Oklahoma has a law that already provides for legal unlicensed transportation of firearms, and that law was quoted above. Oklahoma's unloaded transport law is silent about separation of ammo from a firearm, except to specify that the firearm has to be unloaded. It is legal in Oklahoma for an unlicensed, non prohibited person to insert a loaded mag into a pistol, rack the slide, and successfully defend against a carjacker, and you will not be charged with a crime.

    Something else you should know. In Oklahoma, carrying a loaded pistol in a car without a license (so long as no crime is afoot other than traffic violations) is specifically called "Improper Carry" and the ONLY punishment for that is a $70 citation, and they aren't required to take your gun.
    Last edited by okiebryan; 11-17-2012 at 11:41 PM.

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    I was going to bring the same point up as okiebryan and I thought it odd that the improper carry penalty was so low but even though I am pretty good about not attracting unwanted attention while driving we do all make mistakes so I'd rather keep the 70 bucks and not risk losing my weapon.

    thanks for the federal law I'll keep that in mind as well.
    Last edited by vtx; 11-18-2012 at 08:29 PM. Reason: didn't fit topic

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    Quote Originally Posted by hrdware View Post
    You have to follow the laws of the state you are in, not the state you are from. Since he does not have a permit, he would not be allowed to carry open or concealed in OK.
    Ok I thought is you were from Arizona its Ok to OC in Ok;ahoma why not from Mo.

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    Quote Originally Posted by okiebryan View Post
    You are correct that that law applies when state law does not provide for legal transport of your firearm. I've depended on and followed that law when traversing states like Illinois, New York, California, and New Jersey. Read the language in the law again. Notice that it entitles you to transport under those conditions NOTWITHSTANDING other local and state laws to the contrary. It does not restrict one to only that mode of carry in places where the law is less restrictive.

    Oklahoma has a law that already provides for legal unlicensed transportation of firearms, and that law was quoted above. Oklahoma's unloaded transport law is silent about separation of ammo from a firearm, except to specify that the firearm has to be unloaded. It is legal in Oklahoma for an unlicensed, non prohibited person to insert a loaded mag into a pistol, rack the slide, and successfully defend against a carjacker, and you will not be charged with a crime.

    Something else you should know. In Oklahoma, carrying a loaded pistol in a car without a license (so long as no crime is afoot other than traffic violations) is specifically called "Improper Carry" and the ONLY punishment for that is a $70 citation, and they aren't required to take your gun.
    Thank you Bryan for that insight, that's good know. I forgot about the improper transport provision in our laws, but thought a loaded mag had to be separate the gun the gun not chamber loaded but that under castle doctrine employing the weapon in your vehicle was legal but was unclear how you could do so while not violating the improper transporting provision and still have time to grab the gun then the mag and chamber the round before you got car jacked or killed?

    I like hearing others views and perspectives, To me though I may not always agree it's more knowledge and knowledge is strength and strength is power.
    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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    Regular Member okiebryan's Avatar
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    Quote Originally Posted by MOTOCITYMX View Post
    Ok I thought is you were from Arizona its Ok to OC in Ok;ahoma why not from Mo.
    Hopefully I can clear this up.

    1) Oklahoma requires a license to carry a handgun concealed or unconcealed.
    2) Oklahoma recognizes any valid handgun license from any state in the country.
    3) For residents of states that allow concealed carry without a license (currently Arizona, Wyoming, Alaska, and Vermont), Oklahoma recognizes proof of residency (a driver's license) from those states as valid permission to carry concealed (and likely unconcealed, but the two bills were signed into law at basically the same time, and the language between them has not been standardized. Our position is that OC is ok as well).

    Clear as mud?

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    Regular Member okiebryan's Avatar
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    Quote Originally Posted by Robert318 View Post
    Thank you Bryan for that insight, that's good know. I forgot about the improper transport provision in our laws, but thought a loaded mag had to be separate the gun the gun not chamber loaded but that under castle doctrine employing the weapon in your vehicle was legal but was unclear how you could do so while not violating the improper transporting provision and still have time to grab the gun then the mag and chamber the round before you got car jacked or killed?

    I like hearing others views and perspectives, To me though I may not always agree it's more knowledge and knowledge is strength and strength is power.
    I cannot verify this, but I've been told by someone who I believe that one of the Oklahoma Supreme Court Justices opined in private that our law would allow an unlicensed person driving a motor vehicle to have an unloaded pistol with a loaded magazine rubberbanded to the side of the grip sitting in plain sight on the passenger seat. Actually, I read it that way as well. However, there are actually law enforcement officers who think that the "separation of gun and ammo" myth is actually in the law somewhere, because they heard from someone that it was.

    It's just like the "firearms in commercial vehicles" myth. There is supposedly some Federal law that prohibits this, but nobody has ever been able to cite the actual Federal code, other than the regulation against loaded guns being shipped as cargo.

    A guy who looks a lot like me may have car carried for a long time before getting a concealed carry license. He might have judged that the risk of a $70 ticket was minor compared to the risk of being defenseless in his car. Multiple police officers may or may not have declined to write that ticket after that guy who looks like me answered truthfully when asked if there was a firearm in the car, which may have been within 1000 feet of a school at the time of a traffic stop.

    I submit that most LEOs in Oklahoma are not going around looking to hang up otherwise law abiding citizens with gun charges for carrying in an obviously responsible manner. Every person has to evaluate the risk vs reward of every behavior that they endeavor to undertake.

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    Regular Member Robert318's Avatar
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    Oh thats good to know also. I never thought of it quite like that. Knowing actual law sure makes a big difference, to many people like to cite some bs or gossip which sure can make things tricky for someone not in the know.
    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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