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The Range
Law & Order
Disarmed and handcuffed on a traffic stop.
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<blockquote data-quote="bigfug" data-source="post: 2105512" data-attributes="member: 4864"><p>Key parts highlighted.</p><p></p><p>The person shall display the handgun license on demand of a law enforcement officer; provided, however, that <strong>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</strong> unless the individual fails to display a valid handgun license in response to that demand.</p><p></p><p>1289.24 even adds</p><p></p><p><strong>C.</strong> Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property.</p><p><strong>D.</strong> When a person’s rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both.</p><p></p><p><strong>E</strong>. 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</p><p></p><p>TITLE 21 § 1289.13A</p><p>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 <strong>firearms permitted to be carried pursuant to that license shall not be confiscated</strong>, unless:</p><p>1. The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, <strong>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</strong>; or</p><p>2. The officer has probable cause to believe the weapon is:</p><p>a. contraband, or</p><p>b. a firearm used in the commission of a crime other than a violation of subsection A of this section.</p><p>C.<strong> Nothing in this section shall be construed to require confiscation of any firearm</strong>.</p><p></p><p>So, unless she violated any part of the SDA, the officer violated her rights, and I would think she has a case. He violated multiple parts of the SDA.</p></blockquote><p></p>
[QUOTE="bigfug, post: 2105512, member: 4864"] Key parts highlighted. The person shall display the handgun license on demand of a law enforcement officer; provided, however, that [B]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[/B] unless the individual fails to display a valid handgun license in response to that demand. 1289.24 even adds [B]C.[/B] Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property. [B]D.[/B] When a person’s rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both. [B]E[/B]. 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 § 1289.13A 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 [B]firearms permitted to be carried pursuant to that license shall not be confiscated[/B], unless: 1. The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, [B]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[/B]; 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.[B] Nothing in this section shall be construed to require confiscation of any firearm[/B]. So, unless she violated any part of the SDA, the officer violated her rights, and I would think she has a case. He violated multiple parts of the SDA. [/QUOTE]
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