I will be flying into OK next month for a wedding. I will be reading the pdf on Handgunlaw.us, but it would be nice to have a quick reference guide. What places are off limits? And before it is asked, I do have a permit that is valid in OK.
How is a liquor store off limits? It isn't like you are drinking in there. Pardon my French, but that is retarded.It is also illegal to "willingly or knowingly" carry into a place whose primary income is from the sale of alcohol. A restaurant with a bar doesn't count but a plain bar or liquor store does count. Though with how the law is worded it seems like one could simply claim they forgot they were carrying if they went into a liquor store.
How is a liquor store off limits? It isn't like you are drinking in there. Pardon my French, but that is retarded.
A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing a valid concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title may carry the concealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.
Provided further, nothing in this section shall be interpreted to authorize any peace officer in actual physical possession of a weapon to consume low-point beer or alcoholic beverages, except in the authorized line of duty as an undercover officer.
Nothing in this section shall be interpreted to authorize any private investigator with a firearms authorization in actual physical possession of a weapon to consume low-point beer or alcoholic beverages in any establishment where low-point beer or alcoholic beverages are consumed.
B. Any person violating the provisions of this section shall be punished as provided in Section 1272.2 of this title.
When I was talking with a CFP instructor he had said they were off-limits and it likely has to do with the fact that 1272.2 is titled "Penalty for firearm in liquor establishment" and the fact htat 1272.1 states"
I posted the whole law so that others can read it, but the important part is the bolded part. The sale of "alcoholic beverages" constitutes almost the whole of business conducted in a liquor store even if they aren't consumed there and thus could be construed as off-limits; though this contradicts the opening sentence which states that it must be a place where the alcohol is consumed. But then the first part refers to ANY person, while the bolded part only refers to people with a CFP and thus seems to be more restrictive for those with a CFP (nevermind the fact that it's already illegal for someone to carry a weapon w/o a CFP). This isn't the first place in OK law that I've found to contradict itself.
Personally I wouldn't want to be the test case, but at the same time we're talking about CC so if one takes the law to mean only establishments where the alcohol is consumed it isn't like anyone should know about the gun; and you can fall back on the whole "intentionally or knowingly" part of 1272.2 as a defense should a person be charged. A court would have a hard time proving that you "intentionally or knowingly" carried your weapon in with you and that you hadn't simply forgotten about it much like how one doesn't think if they have their wallet or phone on them until they need it.
Especially me being out of state. *whistles innocently*
What is low point beer? Is there a legal limit to drink and still be able to carry?
Beer limited to 3.2% alcohol by volume. Only "three-two" beer can be sold for consumption on the premises, and at one time it was the only beer that could be sold cold, instead of room temperature, even for consumption off the premises. (My information might be out of date; it's been a long time since I lived in Oklahoma.)
So is there a BAC level that is legal? I ask because I want to remain within the law. If I cannot carry, then I won't.
Also, OK is a "must notify" state, so that means if you have ANY contact with law enforcement, you MUST notify them you are carrying ... generally, handing over your DL, insurance verification AND your CCP will qualify as notification.
Basically, if you act like a half-way decent human being, law enforcement will not be unreasonable in return.
...
C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop...
Oklahoma isn't a "must notify" in the way you describe. Per Title 21 1290.8:
I bolded the important part. It is only during detainment, arrest, or routine traffic stop that you "must notify" the police of your weapon.
I do stand corrected, but in my experience, I generally don't have any other type of contact with LEO (yeah, they call me lead-foot ;-) But, in my CC class, it was stressed that if you have LEO contact in which you provide your DL (traffic stop) then it is a must-notify. As for detainment or arrest, not happening here
Aknazer, I think you live east of me, not sure how close/often you are to/in a metro, but I am only occassionally and generally do not have any kind of contact with LEO ... traffic stops I have been in are usually on the highway (OHP) or in my rural town/surrounding counties (very rarely and they know who carries and who doesn't, small town ya know). And more often than not, the stop turns into a gun discussion.
Luckily, a simple traffic stop does not warrant dispatch notifying the officer of our CCL, unlike some other states.