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Thread: Need help with OK gun laws

  1. #1
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    Need help with OK gun laws

    I recently moved back to Oklahoma after being away for three years. While I was gone I got my CCW license (it's from Utah, but is honored here) and I'm trying to make sure I know everything I need to know before I start carrying. When I asked someone who teaches the class they said that basically I just can't carry at federal buildings (courthouses, cop shops, etc), military installations, schools, places whose primary purpose is to serve alcohol (51% rule), and any place that has a sign directly prohibiting the carry of a weapon.

    Now I've been following this forum and know the laws could be changing here very soon, but where can I find the actual laws as written so that I can read them? Also does the federal building ban also extend to post offices that aren't on a base?

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    Oklahoma State Supreme Court Network, Legal Research, Oklahoma Statutes, Title 21

    Click the link and scroll down to Chapter 53. Will be Section 1271 through the end of section 1290.
    Last edited by Kevin Scott; 03-14-2011 at 01:47 PM.

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    Oklahoma Statutes

    You want Title 21, Section 1277 deals with unlawful carry in certain places and 1290.22 deals with gun buster signs. Good thing you asked, because the instructor you asked was missing several important places.

    Post offices are an entirely different bird altogether. There is a thread in the Law Library forum, http://forum.opencarry.org/forums/sh...ffice-Question and another in a different forum (can't remember which, you might do a site search for it). I did notice at a post office the other day, there was no sign on the front door, but after you got inside, there was a sign on the door that lead into the counter room.

    Best bet would be to talk to your local post master and see what they say. I don't think there has ever been a clear definition from anyone about this.

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    Code of Federal Regulations Title 39, Chapter 1, Section 232.1

    (l) Weapons and explosives . Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.

    ...

    (p) Penalties and other law. (1) Alleged violations of these rules and regulations are heard, and the penalties prescribed herein are imposed, either in a Federal district court or by a Federal magistrate in accordance with applicable court rules. Questions regarding such rules should be directed to the regional counsel for the region involved.

    (2) Whoever shall be found guilty of violating the rules and regulations in this section while on property under the charge and control of the Postal Service is subject to fine of not more than $50 or imprisonment of not more than 30 days, or both. Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations of any State and local laws and regulations applicable to any area in which the property is situated.
    Last edited by MM_45; 03-14-2011 at 04:00 PM.

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    Thanks for the help, I'm reading through it all now. I've got another question. Given the following definitions does this mean that the "Judge" handgun (and it's bigger cousin the "Raging Bull") would actually be considered a "sawed off shotgun" under Oklahoma law? The big thing to note would be the term "series of projectiles"

    1289.3: "Pistols" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include flare guns, underwater fishing guns or blank pistols.

    1289.4: "Rifles" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include archery equipment, flare guns or underwater fishing guns. In addition, any rifle capable of firing "shot" but primarily designed to fire single projectiles will be regarded as a "rifle".

    1289.5: "Shotguns" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include any weapon so designed with a barrel less than eighteen (18) inches in length. In addition, any "shotgun" capable of firing single projectiles but primarily designed to fire multiple projectiles such as "shot" will be regarded as a "shotgun".

    1289.18: A. "Sawed-off shotgun" shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion.

    B. "Sawed-off rifle" shall mean any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.


    Now I know that they get around the 1934 NFA because the barrels have a shallow rifling (as smooth bore pistols are subject to the NFA, or at least that's how wikipedia says they get around it), but the Oklahoma law doesn't say anything about rifling or the lack of it to determine the type of gun it is. I know they're sold here, but is there any reason I'm missing for why they wouldn't technically be considered sawed off shotguns?


    Alright I came across another question. In 1277 it talks about unlawful places to carry. It dosn't directly talk about banks. I'm taking this to mean that it's legal to carry into banks and that no-gun signs aren't legal (except for places where it's already illegal like schools). Gah I hate reading legalize.
    Last edited by Aknazer; 03-15-2011 at 12:49 AM.

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    To answer your first question to my knowledge it aint considered a sawed off shotgun because if it was then the dealers would have to follow NFA rules and also it shoots .45 long colt. Also you can buy shotshell ammo for other caliber handguns so that would mean any handgun could be considered a sawed off shotgun. I know by wording of Oklahoma law it would sound like it could be a sawed off shotgun but it isnt. The only state that i know of where the judge is considered a sawed off shotgun is California.

    Second question yes you can carry in a bank and no guns signs are legal for businesses to put up since its private property.

    Title 21 Ch.53 Section 1290.22

    A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

    B. No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.

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    Thanks for the reply. And yea the Judge is just kinda odd because it's a hybrid. While it can fire .45LC rounds, it's also designed to fire shotgun rounds but yet is the size of a pistol. It's just one of those situations where the technical listed definition and the real-world definition didn't match and I figured there was either something I was missing (like an exemption/clarification or I was just reading it wrong) or it simply wasn't enforced like a bunch of laws that are still on the books.

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    Quote Originally Posted by hrdware View Post
    Oklahoma Statutes

    You want Title 21, Section 1277 deals with unlawful carry in certain places and 1290.22 deals with gun buster signs. Good thing you asked, because the instructor you asked was missing several important places.

    Post offices are an entirely different bird altogether. There is a thread in the Law Library forum, http://forum.opencarry.org/forums/sh...ffice-Question and another in a different forum (can't remember which, you might do a site search for it). I did notice at a post office the other day, there was no sign on the front door, but after you got inside, there was a sign on the door that lead into the counter room.

    Best bet would be to talk to your local post master and see what they say. I don't think there has ever been a clear definition from anyone about this.
    Hrdware, thanks for your help in another thread. I have been looking around and found this thread. I was hoping to find some clarification on what type of sign can prohibit a licensee from carrying into a business. I checked in the link you provided here, but section 1290.22 does not mention gun buster signs and is mostly about parking lots.

    Is a simple gun buster sign sufficient notice or does one need to told or asked to leave to be effective notice? I have been carrying in OK for years, but all I really do is pass through going to and from Texas to Kansas and stop for gas in Oklahoma. About the only places I go into are convenience stores or gas stations and the occasional fast food place.


    C-dub

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    Quote Originally Posted by C-dub View Post
    Hrdware, thanks for your help in another thread. I have been looking around and found this thread. I was hoping to find some clarification on what type of sign can prohibit a licensee from carrying into a business. I checked in the link you provided here, but section 1290.22 does not mention gun buster signs and is mostly about parking lots.

    Is a simple gun buster sign sufficient notice or does one need to told or asked to leave to be effective notice? I have been carrying in OK for years, but all I really do is pass through going to and from Texas to Kansas and stop for gas in Oklahoma. About the only places I go into are convenience stores or gas stations and the occasional fast food place.


    C-dub
    Oklahoma does not regulate the signage. Most of the signs I have seen are the standard gun in a red circle with a line through it type. Those who get a little more creative actually use text on signs that are in the line of "No weapons allowed". I have seen one gunbuster sign that is the standard gun in a red circle that also had text that read something like, "Violators will be charged with trespass"

    Most places would probably ask you to leave before trying to charge trespass, it has been something that has not yet been tested in court so there is no case law on if the sign is sufficient notice or not.
    I am not a lawyer and nothing I say should be accepted as legal advice

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