Please don't beat me up too much, I didn't find a definite answer. Had a talk with a LEO I know today and he says if someone is open carrying, he can ask to see their license anytime he wants. Please show me the statute that confirms or disputes this. I did not argue with him because I did not have anything to back up with.
(Incorrect)
Yes. He can ASK, but that's it. Unless he has a reasonable articulable suspicion that a crime has been or is about to be commited.
He cannot going around ordering anyone he chooses to produce ID. that's an illegal "terry stop".
If you aren't under arrested or being detained, then you may say you do not consent to anything and be on your way. If he violates that...you should take it up in court.
Yes. He can ASK, but that's it. Unless he has a reasonable articulable suspicion that a crime has been or is about to be commited.
He cannot going around ordering anyone he chooses to produce ID. that's an illegal "terry stop".
If you aren't under arrested or being detained, then you may say you do not consent to anything and be on your way. If he violates that...you should take it up in court.
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Oklahoma Statutes, Title 21, Section 1290.8, Paragraph B states:
Bold added for emphasis. They can ask and you are required to show your permit.
However if you want to be brave, you can refuse and get arrested and fight it get the law declared unconstitutional as other courts have ruled that the mere presence of a firearm is not grounds for a stop to check an ID for legality. Can't stop every car just to make sure the driver has a license, so why should you stop someone who is participating in another lawful activity to make sure they are licensed to do so. Unless you have lots of time and cash, I would not recommend this route.
Here is the entire text of statute 1290.8: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=469771
Bold added for emphasis. They can ask and you are required to show your permit.
However if you want to be brave, you can refuse and get arrested and fight it get the law declared unconstitutional as other courts have ruled that the mere presence of a firearm is not grounds for a stop to check an ID for legality. Can't stop every car just to make sure the driver has a license, so why should you stop someone who is participating in another lawful activity to make sure they are licensed to do so. Unless you have lots of time and cash, I would not recommend this route.
Here is the entire text of statute 1290.8: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=469771
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Self-Defense Act
Section 1290.8 - Possession of License Required - Notification to Police of Gun
This Statute Will Be Superceded
Effective: 11/01/2013
Cite as: O.S. §, __ __
A. Except as otherwise prohibited by law, an eligible person shall have authority to carry a concealed or unconcealed handgun in this state when the person has been issued a handgun license from the Oklahoma State Bureau of Investigation pursuant to the provisions of the Oklahoma Self-Defense Act, provided the person is in compliance with the provisions of the Oklahoma Self-Defense Act, and the license has not expired or been subsequently suspended or revoked. A person in possession of a valid handgun license and in compliance with the provisions of the Oklahoma Self-Defense Act shall be authorized to carry such concealed or unconcealed handgun while bow hunting or fishing.
B. The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand. Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law. In addition to any criminal prosecution which may result from not carrying the handgun license and the required identification with the authorized pistol as required by the provisions of this subsection, the person may be subject to an administrative fine for violation of the provisions of this subsection. The administrative fine shall be Fifty Dollars ($50.00) and shall be assessed by the Oklahoma State Bureau of Investigation after a hearing and determination that the licensee is in violation of the provisions of this subsection. Any second or subsequent violation of the provisions of this subsection shall be grounds for the Bureau to suspend the handgun license for a period of six (6) months, in addition to any other penalty imposed.
Upon the arrest of any person for a violation of the provisions of this subsection, the person may show proof to the court that a valid handgun license and the other required identification has been issued to such person and the person may state any reason why the handgun license or the other required identification was not carried by the person as required by the Oklahoma Self-Defense Act. The court shall dismiss an alleged violation of Section 1272 of this title upon payment of court costs, if proof of a valid handgun license and other required identification is shown to the court within ten (10) days of the arrest of the person. The court shall report a dismissal of a charge to the Bureau for consideration of administrative proceedings against the licensee.
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 or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person 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. Said identification to the law enforcement officer shall be made at the first opportunity. No person shall be required to identify himself or herself as a handgun licensee when no handgun is in the possession of the person or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding One Hundred Dollars ($100.00).
D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.
E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed.
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Self-Defense Act
Section 1290.8 - Possession of License Required - Notification to Police of Gun
This Statute Will Be Superceded
Effective: 11/01/2013
Cite as: O.S. §, __ __
A. Except as otherwise prohibited by law, an eligible person shall have authority to carry a concealed or unconcealed handgun in this state when the person has been issued a handgun license from the Oklahoma State Bureau of Investigation pursuant to the provisions of the Oklahoma Self-Defense Act, provided the person is in compliance with the provisions of the Oklahoma Self-Defense Act, and the license has not expired or been subsequently suspended or revoked. A person in possession of a valid handgun license and in compliance with the provisions of the Oklahoma Self-Defense Act shall be authorized to carry such concealed or unconcealed handgun while bow hunting or fishing.
B. The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand. Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law. In addition to any criminal prosecution which may result from not carrying the handgun license and the required identification with the authorized pistol as required by the provisions of this subsection, the person may be subject to an administrative fine for violation of the provisions of this subsection. The administrative fine shall be Fifty Dollars ($50.00) and shall be assessed by the Oklahoma State Bureau of Investigation after a hearing and determination that the licensee is in violation of the provisions of this subsection. Any second or subsequent violation of the provisions of this subsection shall be grounds for the Bureau to suspend the handgun license for a period of six (6) months, in addition to any other penalty imposed.
Upon the arrest of any person for a violation of the provisions of this subsection, the person may show proof to the court that a valid handgun license and the other required identification has been issued to such person and the person may state any reason why the handgun license or the other required identification was not carried by the person as required by the Oklahoma Self-Defense Act. The court shall dismiss an alleged violation of Section 1272 of this title upon payment of court costs, if proof of a valid handgun license and other required identification is shown to the court within ten (10) days of the arrest of the person. The court shall report a dismissal of a charge to the Bureau for consideration of administrative proceedings against the licensee.
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 or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person 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. Said identification to the law enforcement officer shall be made at the first opportunity. No person shall be required to identify himself or herself as a handgun licensee when no handgun is in the possession of the person or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding One Hundred Dollars ($100.00).
D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.
E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed.
Actually the law says that you do in fact have to produce your license if requested to do so. Along the same lines, if you are pulled over you have to inform them that you are armed.
Dude, you should really do a bit more research before you advise others.
Throwing my nickel in here from my point of view.
If I am open carrying and an officer asks if I have a permit I would prefer to assume that someone has contacted the officer with a concern that someone is carrying a firearm therefore making it within the scope of their job to ask. There is no way for me to know whether or not this is true so to produce a license when asked ensures that I comply with the law. It would be great if the officer were to come up and say something to the effect of "Jane Doe called me over to her vehicle concerned about your firearm, may I see your license?" But I doubt it's going to happen that way.
It's a catch 22 and I would rather be friendly and produce my license since the law isn't clear about asking part that the officer tell you they are on official business.
This tells me that as long as I produce the license when it is demanded I can not be restrained or disarmed and this part:
Basically tells me that if I am asked to produce my license if I am contacted during the course of official business I have to do so and I have to inform an officer who may be unaware of my carrying as soon as I am able to during official business involving me.
If I am open carrying and an officer asks if I have a permit I would prefer to assume that someone has contacted the officer with a concern that someone is carrying a firearm therefore making it within the scope of their job to ask. There is no way for me to know whether or not this is true so to produce a license when asked ensures that I comply with the law. It would be great if the officer were to come up and say something to the effect of "Jane Doe called me over to her vehicle concerned about your firearm, may I see your license?" But I doubt it's going to happen that way.
It's a catch 22 and I would rather be friendly and produce my license since the law isn't clear about asking part that the officer tell you they are on official business.
This tells me that as long as I produce the license when it is demanded I can not be restrained or disarmed and this part:
Basically tells me that if I am asked to produce my license if I am contacted during the course of official business I have to do so and I have to inform an officer who may be unaware of my carrying as soon as I am able to during official business involving me.
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