Educated a cop about transporting a firearm in a vehicle

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henschman

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The dreaded ENCOUNTER... dum dum dum. ;)

I got popped by a hi-po for speeding on the Turner Turnpike yesterday. I had my M&P sitting in the passenger's seat unloaded with the slide locked back and a loaded mag and loose round next to it. First he asked for my license, and I gave it to him. He asked if I had a concealed carry license and I said no. He picked the gun up and looked at it, making sure it was unloaded, and set it back down. He said that I can't carry it that way, and that the ammo has to be stored out of reach of the gun. I told him that there is no requirement for that in Oklahoma law, and that there is actually a law that specifically allows a gun to be transported that way. I told him I could show it to him if he had a code book. He had me get in the passenger side in his car, handed me a code book, and said "show me." I turned to 21 O.S. Section 1289.7 and read him the part where it says that a rifle, shotgun, or pistol may be carried open and unloaded, and told him that in the definition section, "unloaded" means not chamber or magazine loaded. He looked it over for a bit and ran my license. He told me that speeding is dangerous, and I said "sorry." He said not to worry, he doesn't take it personally, and that he was glad he learned something. He let me off with a warning. I don't know what the fine is for doing 28 over, but I'm pretty sure I got a little better than my normal hourly rate for giving 5 minutes of legal advice! ;)

The only real issue is that he seized the gun momentarily... but if he thought it was being transported illegally, I guess he thought he had probable cause under the M/V exigency. Since I set him straight on legal transport, I didn't worry too much about it.

Anyway, yet another fellow citizen set straight on the mythical "gun has to be transported separately from the ammo" rule. Hopefully he will spread the word to some of his buddies too. Now somebody needs to go tell all the guys at the pawn shops. I swear every time I've bought a gun from one of those places, the guy tells me "now make sure you put the ammo separate from the gun in your car."
 

jhat

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Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.7 - Firearms in Motor Vehicles - Exceptions



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This Statute Will Be Superceded

Effective: 11/01/2012

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Cite as: O.S. §, __ __
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Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.

It would appear that you got lucky. Unless the pistol was in a case designed for carrying firearms, you were illegally transporting the pistol.
 

Phildo64

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Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.7 - Firearms in Motor Vehicles - Exceptions



--------------------------------------------------------------------------------
This Statute Will Be Superceded

Effective: 11/01/2012

--------------------------------------------------------------------------------
Cite as: O.S. §, __ __
--------------------------------------------------------------------------------



Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.

It would appear that you got lucky. Unless the pistol was in a case designed for carrying firearms, you were illegally transporting the pistol.

Im confused, Why exactly wouldnt a firearm sitting in the passenger seat constitute "OPEN IN PLAIN VIEW"?? That seems pretty dang open to me.
 

Fatboy Joe

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Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.7 - Firearms in Motor Vehicles - Exceptions



--------------------------------------------------------------------------------
This Statute Will Be Superceded

Effective: 11/01/2012

--------------------------------------------------------------------------------
Cite as: O.S. §, __ __
--------------------------------------------------------------------------------



Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.

It would appear that you got lucky. Unless the pistol was in a case designed for carrying firearms, you were illegally transporting the pistol.
jhat, here is your keyword. This says I can:

1. Transport in plain view (which is the case here), or
2. in a case designed for carrying firearms, which case is wholly or partially visible, or
3. in a gun rack mounted in the vehicle, or
4. in an exterior locked compartment, or
5. a trunk of a vehicle.
 

osupoke

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jhat, reading the law as you cited it, it appears that one doesn't necessarily have to have the gun in a case designed for carrying firearms. Rather, it looks like any one of the listed conditions must be satisfied, and henschman satisfied the "plain view" condition. If all of the conditions had to be satisfied, how is one supposed to have a gun in plain view, in a case, in a gun rack, and in the trunk all at the same time?
 

LightningCrash

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Location
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Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.7 - Firearms in Motor Vehicles - Exceptions



--------------------------------------------------------------------------------
This Statute Will Be Superceded

Effective: 11/01/2012

--------------------------------------------------------------------------------
Cite as: O.S. §, __ __
--------------------------------------------------------------------------------



Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.

It would appear that you got lucky. Unless the pistol was in a case designed for carrying firearms, you were illegally transporting the pistol.

No, not just that! He would need a pistol case that was fully visible, even while being locked in a gun rack in his trunk.
So he would need a glass or plexiglass trunk lid. Everyone sans SDA without a see-through trunk lid and a trunk gun rack is carrying illegally!!
 

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