Boatload of changes on November 1

[JBHusted]

As an SDA instructor, I'd kinda like to have a thread that outlines all the firearms laws changing on November 1st. The obvious is open carry. . .

Other changes of note:

Permits can now be mailed to the applicant rather than the Sheriff office
Have to "maintain a residence" rather than "physically reside" in Oklahoma to get a permit.

Suppressors legal for hunting
Prevent banning/possession of firearms during a declared emergency.

Please add stuff I've missed. Gotta class coming up on Sunday and after CLEET told me they won't have new instructor info until after the law goes into effect, I'm trying to fill in the gaps!

 

[KOPBET]

A. A person shall be permitted to carry loaded and 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 25 of this act, pursuant to the following conditions:
.
.
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6. For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person;

 

[KOPBET]

Section 1289.7a. A. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transporting and storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle.

B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for occurrences which result from the storing of firearms or ammunition in a locked motor vehicle on any property set aside for any motor vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms or ammunition. The provisions of this subsection shall not apply to claims pursuant to the Workers’ Compensation Act.

 

[JBHusted]

Thanks, Kop. . .open carry on private property and closing a "loophole" in the business owner rights section. Previously you could *technically* have a firearm in your pickup on business property, but not ammo.

 

[Fyrtwuck]

This doesn't have anything to do with Concealed Carry, but have you seen this one that goes into effect Nov-1 as well. If I'm reading this correctly, it means that no "child" (person under the age of 18) may possess a handgun even if they are with their parents. And if a violation occurs, the parent may be charged and the child deemed a "delinquent."

It allows for the use of rifle and shotgun for specific purposes, but no mention of legal use or possession of a handgun.


Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Section 1273 - Allowing Minors to Possess Firearms


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This Statute Will Go Into Effect


On: 11/01/2012
See Historical Data for Current Version


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Cite as: O.S. §, __ __


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ALLOWING MINORS TO POSSESS FIREARMS

A. It shall be unlawful for any person within this state to sell or give to any child any of the arms or weapons designated in Section 1272 of this title; provided, the provisions of this section shall not prohibit a parent from giving his or her child a rifle or shotgun for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting events, except as provided in subsection B of this section.

B. It shall be unlawful for any parent or guardian to intentionally, knowingly, or recklessly permit his or her child to possess any of the arms or weapons designated in Section 1272 of this title, including any rifle or shotgun, if such parent is aware of a substantial risk that the child will use the weapon to commit a criminal offense or if the child has either been adjudicated a delinquent or has been convicted as an adult for any criminal offense.

C. It shall be unlawful for any child to possess any of the arms or weapons designated in Section 1272 of this title, except rifles or shotguns used for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting event. Provided, the possession of rifles or shotguns authorized by this section shall not authorize the possession of such weapons by any person who is subject to the provisions of Section 1283 of this title.

D. Any person violating the provisions of this section shall, upon conviction, be punished as provided in Section 1276 of this title, and, any child violating the provisions of this section shall be subject to adjudication as a delinquent. In addition, any person violating the provisions of this section shall be liable for civil damages for any injury or death to any person and for any damage to property resulting from any discharge of a firearm or use of any other weapon as provided in Section 10 of Title 23 of the Oklahoma Statutes. Any person convicted of violating the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, may be liable for an administrative violation as provided in Section 1276 of this title.

E. As used in this section, "child" means a person under eighteen (18) years of age.

 

[CODE_3]

Thanks!

 

[hrdware]

SNIP
D. Any person violating the provisions of this section shall, upon conviction, be punished as provided in Section 1276 of this title, and, any child violating the provisions of this section shall be subject to adjudication as a delinquent. In addition, any person violating the provisions of this section shall be liable for civil damages for any injury or death to any person and for any damage to property resulting from any discharge of a firearm or use of any other weapon as provided in Section 10 of Title 23 of the Oklahoma Statutes. Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, may be liable for an administrative violation as provided in Section 1276 of this title.

The only thing that changed in 1273 was the removal for the word I added and made bold. Everything else reads the same as it always has.

I believe the use of the word "give" in 1273 implies ownership and not current usage. ie your child can use a pistol you allow them to shoot, but you can not give them the pistol to keep.

As for SDA changes:

The fine for failure to notify has dropped to $100 and no jail time.

 

[KOPBET]

Notification to LEO

... identification to the law enforcement officer shall be made at the first opportunity in place of "first comes into contact".

 

[Rod Snell]

The application form has changed, to the better INMHO..

For those who have the old application forms, OSBI will accept them until Feb 2013.
So everyone who has taken the class but is procrastinating about applying--either get a move on or get the new application on the OSBI site.

Oh, and the section on MINORS POSSSSING FIRERMS is unchanged, being just the same for many years now.