Doc & Sda

[Crosstimbers Okie]

It seems that the Oklahoma Department of Corrections has finally got around to making an effort to comply with the law after almost 12 years.

http://www.doc.state.ok.us/Offtech/op110214.pdf

All facilities will develop local procedures for collecting and securing all handguns carried by employees or visitors as outlined in OP-040106 entitled “Purchase, Use and Control of Firearms and Security Equipment”. Facilities will post signs, which inform employees and visitors that any firearm carried pursuant to the Oklahoma Self-Defense Act must be immediately declared and secured. Signs should additionally contain a directive for employees and visitors to follow, which implements the local procedure for declaring and securing firearms.

http://www.doc.state.ok.us/Offtech/op040106.pdf

Whoever wrote this one is still a bit confused. Instead if saying "in order to prevent persons from carrying onto state property," they should have said, "in order to prevent persons from carrying into state buildings."

All Department of Corrections facilities/districts, sub-offices, administrative offices, and buildings will ensure that appropriate signs are posted and local procedures will be developed in accordance with OP-110214 entitled “Workplace Violence” in order to prevent persons from carrying onto state property any handguns that are licensed pursuant to the Oklahoma Self Defense Act.

B. Storage of Firearms and Ammunition (4-4173)

When not in use, firearms and ammunition, at a minimum, will be secured in a locked container located within a locked vehicle or within the interior of the structure or an interior room/closet located outside of inmate housing units and activity areas. (4-4204, b #3) The storage container will be constructed totally of metal in order to be of sufficient strength to serve as a substantial barrier to unauthorized entry. If stored in a vehicle, the storage container will be secured in the vehicle by a lockable chain or cable.

 

[Crosstimbers Okie]

Or, maybe not:

Hello;

I am writing this to inform you that a resent incident at a Correctional Facility has spawned a class action law suit against our Department. We are being represented by Doug Friesen out of Okc. The class action is over the concealed carry license and the right to keep a firearm in a personal vehicle parked in facility parking lot.

We believe that Title 21:1277 is very clear about this and can not understand why this is being pursued by the Department. The policy that is being used quotes 1277 incorrectly, and it is billed as a work place violence issue. Now the Department is using another title concerning prisons, and stating because they are worried about offenders in the parking lots getting to the firearms.

1277 is very clear about the only parking lot a CCL holder can not carry in and a facility parking lot isn't one of them. As an SDA Instructor and Department Employee I am very concerned about this and want the question answered. With the recent suit over this; I find it hard to believe this could have happened, but here we are.

What I am asking is if you would like to join the suit; and if you would, would you like to donate to the Class Action Defense Fund. We are not looking for damages as the recent suit did and won. Only that it be completely cleared up and Department Employees won't have to worry about being disciplined for doing exactly as they are allowed to by law. If you would like to join please notify Johnny Lambert or myself. If you would like to contribute to the fund please send it to C/O The Law Offices of Doug Friesen and Associates, P.C. 1309 North Shartel Avenue Oklahoma City, OK 73103. Also write on it what it is for. You may also get it to one of us and we'll get it to Doug.

As a License holder I don't think the only time I'm not able to protect myself is to and from work. The more support we have, I believe the better the outcome for us on this issue.

Thank you, Johnny Turner

American Gunfighters Firearms Training
Self Defense Act Firearms Training in Oklahoma
Concealed Carry License & Law Enforcement Firearms Training
Johnny Turner, CLEET Firearms Instructor
OSBI & CLEET SDA Firearms Instructor
Office 405 383-2658
Cell 405 227-7710
Pager 405 780-8287
[email protected]
www.Iwant2CarryaGun.com

 

[Crosstimbers Okie]

Update. An officer at Joseph Harp Correctional Center in Lexington, being a concealed handgun licensee and storing his handgun in compliance with state law, in his vehicle which was parked in the prison parking lot, had his vehicle searched. The searchers discovered his handgun and demanded that he allow them to confiscate it. He refused to consent to their seizing his property. They called the sheriff''s department, who refused to arrest him as no crime was committed. They contacted the District Attorney''s office which refused to press charges as no crime was committed. So, administrators decided that they will pursue disciplinary action against this individual. Hence the aforementioned lawsuit.

It is oh so refreshing to me to see a person who works for the Oklahoma Department of Corrections that is intelligent enough to know their rights and who has the courage to assert them. It''s rare, very rare, in the Oklahoma DOC and every other agency for that matter.

I''ll be following this one very closely!!

 

[mons meg]

Keep us posted. Remember there was even a State AG opinion on this very subject a few years back which IIRC supported the parking lot rule. Don't have the reference handy.

 

[Crosstimbers Okie]

There was. Edmondson opined that DOC could regulate the storage of firearms carried pursuant to SDA that were stored in vehicles in prison parking lots. It did not say that it could prohibit the practice. And regulate DOC did by creating policies for secure storage. Most, or maybe all, wardens have chosen to ignore those agency policies for secure storage and instead intimidated employees from excercising their rights under the law. Now Warden Addison at JHCC in Lexington has taken it upon himself to take disciplinary action against an employee after the sheriff's department refused to make an arrest, and the district attorney declined to pursue charges.

DOC is afraid that, because it allows inmates to roam the parking lots without proper supervision that one may steal someone's gun. Maybe they'll expand that policy to all the private residences in the areas around prisons too rather than simply do what they are mandated to do--control the inmates in their custody.

 

[skyydiver]

As a motorcyclist and state employee, I certainly wish that all of these prohibited state buildings were required to have a storage procedure so I didn't have to choose between being defenseless on my commute to the wonderful Capitol area and leaving my firearm "in" my vehicle (which means finding a "concealed" location along the commute to don and doff hardware). But I can wish in one hand...

 

[planefixr]

Get a Ural. the gas tank lockbox fits a Makarov perfect.

 

[Crosstimbers Okie]

As a motorcyclist and state employee, I certainly wish that all of these prohibited state buildings were required to have a storage procedure so I didn't have to choose between being defenseless on my commute to the wonderful Capitol area and leaving my firearm "in" my vehicle (which means finding a "concealed" location along the commute to don and doff hardware). But I can wish in one hand...

Maybe you can get the Oklahoma Public Employees Association to lobby the legislature for it, in support of your interest in the preservation of your one and only life. They are supposed to be looking out for the interests of state employees.

Good Luck!!

 

[Crosstimbers Okie]

Keep us posted. Remember there was even a State AG opinion on this very subject a few years back which IIRC supported the parking lot rule. Don't have the reference handy.

Here's that opinion: http://www.handgunlaw.us/documents/agopinions/OKAGOp2004prisonParkingLots.pdf

 

[Crosstimbers Okie]

The subject of this fiasco has been informed that there will be a warrant issued for his arrest.

So, in spite of the fact that state law explicitly allows the practice, and in spite of the fact that the Oklahoma Department of Corrections has created policies to secure and store handguns carried pursuant to SDA, someone has convinced a judge in Cleveland County that evidence of a crime exists.

So, in spite of the favorable ruling originating with the Conoco-Phillips case, the forces of evil will likely come after the rest of you who store your handguns in vehicles parked in employer parking lots too once they think they have an angle of attack.