HYRYSC
Regular Member
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?
OS 21.1289.7 Firearms in vehicles said: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.
OS 21.1289.13 Transporting a firearm said: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.
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?
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?
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 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.
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.
Ok I thought is you were from Arizona its Ok to OC in Ok;ahoma why not from Mo.
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.