Hi everyone, I'm a new forum member trying to understand our complicated Oklahoma law that seems to contradict itself again and again. I don't see where open carry, without a permit is prohibited anywhere except a motor vehicle, if a "legitimate purpose" for open carry is self-defense.
Title 21, Section 1289.6 "CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED" in the Oklahoma Self-Defense Act says, "A person SHALL BE PERMITTED to CARRY LOADED or unloaded shotguns, rifles and pistols, OPEN and not concealed, and WITHOUT a handgun license as authorized by the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, pursuant to the following conditions: 6. For FOR 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."
A call to someone at OSBI who identified herself as an attorney, said that open carry is prohibited under Section 1272 "UNLAWFUL CARRY", which says;
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
Paragraph 2 under Section 1272 permits the carrying of weapons as authorized by the Oklahoma Self-Defense Act, which carries me right back to Title 21, Section 1289.6, paragraph 6 allowing open carry of a loaded pistol, without a license, for ANY LEGITIMATE PURPOSE.
Not that Section 26 of the Bill of Rights to the Constitution of the State of Oklahoma means anything anymore when it says, "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall NEVER be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons."
Maybe I'm missing something, because it seems pretty clear to me that except in prohibited places and motor vehicles, open carry of a loaded pistol is completely legal without any permit, for FOR ANY LEGITIMATE PURPOSE not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17.
Is unlicensed, open firearms carry actually legal in the State of Oklahoma, or not? Can someone refer me to the law that specifically prohibits openly carrying in Oklahoma?
I've attached the Oklahoma statutes cited. I welcome the input of everyone. If I'm misunderstanding anything, please feel free to show me my error.
Title 21, Section 1289.6 "CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED" in the Oklahoma Self-Defense Act says, "A person SHALL BE PERMITTED to CARRY LOADED or unloaded shotguns, rifles and pistols, OPEN and not concealed, and WITHOUT a handgun license as authorized by the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, pursuant to the following conditions: 6. For FOR 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."
A call to someone at OSBI who identified herself as an attorney, said that open carry is prohibited under Section 1272 "UNLAWFUL CARRY", which says;
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
Paragraph 2 under Section 1272 permits the carrying of weapons as authorized by the Oklahoma Self-Defense Act, which carries me right back to Title 21, Section 1289.6, paragraph 6 allowing open carry of a loaded pistol, without a license, for ANY LEGITIMATE PURPOSE.
Not that Section 26 of the Bill of Rights to the Constitution of the State of Oklahoma means anything anymore when it says, "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall NEVER be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons."
Maybe I'm missing something, because it seems pretty clear to me that except in prohibited places and motor vehicles, open carry of a loaded pistol is completely legal without any permit, for FOR ANY LEGITIMATE PURPOSE not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17.
Is unlicensed, open firearms carry actually legal in the State of Oklahoma, or not? Can someone refer me to the law that specifically prohibits openly carrying in Oklahoma?
I've attached the Oklahoma statutes cited. I welcome the input of everyone. If I'm misunderstanding anything, please feel free to show me my error.
Attachments
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