A Question about transporting ammo and weapon

[Snattlerake]

As an aside, I knew an airline pilot who was authorized to carry a gun. He told me TSA passed him and his gun and took his knife and nail clippers.

 

[okierider]

As an aside, I knew an airline pilot who was authorized to carry a gun. He told me TSA passed him and his gun and took his knife and nail clippers.

That is some senseless crazy right there!!!

 

[dennishoddy]

Yep. I am a truck driver working 48 states. My pistol won't be coming with me. Just too many other regulations to deal with and my employer also has a no weapons policy. I just plan on leaving the pistol locked in the safe til I come home again.

Back in the mid to late 70's when I did a short stint as an over the road driver, DOT did not allow any firearm on or in the truck unless it was cargo. Hence the use of "tire billy's" to check tire pressure that were also pretty good defensive tools with a lead strap around the head of it.

 

[rocketman]

Has anyone figured out how TITLE 21 Section 1289.13A applies to the new law? It sounds to me like if you get stopped for a traffic violation and have a loaded handgun without a permit you get a $70 citation. Its still written that way in the new version.

https://osbi.ok.gov/sites/g/files/g...9_SDA_Law_Book-_FINAL_09172019_with_COVER.pdf
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440211

TITLE 21 O.S. § 1289.13A (OSCN 2019) IMPROPER TRANSPORTATION OF FIREARM

A. Notwithstanding the provisions of Section 1272 or 1289.7 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid handgun license authorized by the Oklahoma Self-Defense Act or valid license from another state, or in violation of any law related to the carrying or transporting of firearms, whether the loaded firearm is concealed or unconcealed in the vehicle, may be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law.

B. Any firearm lawfully carried or transported as permitted pursuant to state law shall not be confiscated, unless:

1. The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person; or

2. The officer has probable cause to believe the weapon is:

a. contraband, or

b. a firearm used in the commission of a crime other than a violation of subsection A of this section.

C. Nothing in this section shall be construed to require confiscation of any firearm.

 

[Mad Professor]

Has anyone figured out how TITLE 21 Section 1289.13A applies to the new law? It sounds to me like if you get stopped for a traffic violation and have a loaded handgun without a permit you get a $70 citation. Its still written that way in the new version.

https://osbi.ok.gov/sites/g/files/g...9_SDA_Law_Book-_FINAL_09172019_with_COVER.pdf
https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=484817

TITLE 21 O.S. § 1289.13A (OSCN 2019) IMPROPER TRANSPORTATION OF FIREARM

A. Notwithstanding the provisions of Section 1272 or 1289.13 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid handgun license authorized by the Oklahoma Self-Defense Act or valid license from another state, whether the loaded firearm is concealed or unconcealed in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law.

B. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self-Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license shall not be confiscated, unless:

1. The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person; or

2. The officer has probable cause to believe the weapon is:

a. contraband, or

b. a firearm used in the commission of a crime other than a violation of subsection A of this section.

C. Nothing in this section shall be construed to require confiscation of any firearm.

“Notwithstanding the provisions of Section 1272 or 1289.13 of this title, any person stopped”

So it only applies if you are NOT in compliance with 1262 or 1289.13.

1289.13 starts out with “except as otherwise provided by law.....”

 

[rocketman]

I respectfully disagree. "Notwithstanding the provisions of 1272 or *1289.7 of this title,..." makes 1289.13A supersede 1272 and 1298.7 within its own scope. If this wasn't the case, then the use of "Notwithstanding..." in other sections of Title 21 would negate their intended purpose(e.g. Section 1277, subsection D).

Note that I had to edit my first post to reflect the new law. I copied the old version of S1289.13A by mistake. The new one refers to 1298.7 instead of 1289.13(hence the asterisk above). I'm just trying to find other parts that may cause non-permit holders some trouble. This one stood out as a possible oversight.

EDIT: I just realized some guys already discussed this topic in the Constitutional Carry Law thread and some reached the same conclusion. I will read through that thread.

 

[Rollpin]

“Notwithstanding the provisions of Section 1272 or 1289.13 of this title, any person stopped”

So it only applies if you are NOT in compliance with 1262 or 1289.13.

1289.13 starts out with “except as otherwise provided by law.....”

No, the exact opposite.

https://definitions.uslegal.com/n/notwithstanding/

"Notwithstanding means despite something; not prevented by; in spite of the fact that. For example, it may be said that the postman always makes his appointed rounds, notwithstanding the weather."

So, read it as:

A. DESPITE the provisions of Section 1272 or 1289.7 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid handgun license authorized by the Oklahoma Self-Defense Act or valid license from another state, or in violation of any law related to the carrying or transporting of firearms, whether the loaded firearm is concealed or unconcealed in the vehicle, may be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law.

So all this does is retain the ubermenschen class of SDA card holders who have paid the bribe to the state to exercise a right (chew on that for a moment). For the rest of us, well, I guess we can all go sit on a cactus.

 

[Truckdriver]

No, the exact opposite.

https://definitions.uslegal.com/n/notwithstanding/

"Notwithstanding means despite something; not prevented by; in spite of the fact that. For example, it may be said that the postman always makes his appointed rounds, notwithstanding the weather."

So, read it as:



So all this does is retain the ubermenschen class of SDA card holders who have paid the bribe to the state to exercise a right (chew on that for a moment). For the rest of us, well, I guess we can all go sit on a cactus.

Ok, so no driving with a loaded pistol on my person or in my vehicle. How about transporting or driving with my pistol unloaded in a range bag or gun case with loaded mags or boxed/loose ammo in the same case. For example, I put my pistol in a holster and drop that in my range bag with 4 loaded mags and a box of ammo? Where do i carry that? In the passenger compartment of my vehicle, or in bed of my truck? Is it ok to transport pistol with the mags and ammo in the same bag or case? Or do they need to be separated? Or do the mags need to be unloaded like the pistol?

 

[BobbyV]

As an aside, I knew an airline pilot who was authorized to carry a gun. He told me TSA passed him and his gun and took his knife and nail clippers.

That’s crazy. Not surprising but very crazy.


Sent from my iPhone using Tapatalk

 

[KOPBET]

Ok, so no driving with a loaded pistol on my person or in my vehicle. How about transporting or driving with my pistol unloaded in a range bag or gun case with loaded mags or boxed/loose ammo in the same case. For example, I put my pistol in a holster and drop that in my range bag with 4 loaded mags and a box of ammo? Where do i carry that? In the passenger compartment of my vehicle, or in bed of my truck? Is it ok to transport pistol with the mags and ammo in the same bag or case? Or do they need to be separated? Or do the mags need to be unloaded like the pistol?

You most likely won't get legal advice here, so probably best to do your own research or consult an attorney.

https://osbi.ok.gov/sites/g/files/g...9_SDA_Law_Book-_FINAL_09172019_with_COVER.pdf

No law (I am aware of) set conditions about loose ammo, the loaded condition of magazines or the external proximity to a firearm.