Ok serious issue here, I have part time lawn business and am getting ready to take on a helper who did time for 2nd degree manslaughter. title 21 section 1283 paragrah A appears to be preclude me from allowing him in my vehicle when traveling from site to site even if I have the weapon on me under my control and not in the console or under the seat where he could access it.
A. Except as provided in subsection B of this section, it shall be unlawful
for any person convicted of any felony in any court of this state or of
another state or of the United States to have in his or her possession or
under his or her immediate control, or in any vehicle which the person
is operating, or in which the person is riding as a passenger, or at the
residence where the convicted person resides, any pistol, imitation or
homemade pistol, altered air or toy pistol, machine gun, sawed-off
shotgun or rifle, or any other dangerous or deadly firearm.
I am fully aware of the penalty portion under paragrah E. But it raises the question if it is holstered on my person then am I allowing him possesion or control of the weapon? I think the answer is no but I obviously want to protect first myself and then him from legal issues.
E. Any person having been issued a concealed handgun license pursuant
to the provisions of the Oklahoma Self-Defense Act and who thereafter
knowingly or intentionally allows a convicted felon or adjudicated
delinquent or a youthful offender as prohibited by the provisions of
subsection A, C, or D of this section to possess or have control of any
pistol authorized by the Oklahoma Self-Defense Act shall, upon
conviction, be guilty of a felony punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00). In addition, the person shall have the
handgun license revoked by the Oklahoma State Bureau of
Investigation after a hearing and determination that the person has
violated the provisions of this section.
I undestand LEO's are not lawyers but could you weigh in if you have had any experience dealing with this portion of the statutes. I was asked to take the guy on as a favor but I am not going to abdicate my right to carry.
A. Except as provided in subsection B of this section, it shall be unlawful
for any person convicted of any felony in any court of this state or of
another state or of the United States to have in his or her possession or
under his or her immediate control, or in any vehicle which the person
is operating, or in which the person is riding as a passenger, or at the
residence where the convicted person resides, any pistol, imitation or
homemade pistol, altered air or toy pistol, machine gun, sawed-off
shotgun or rifle, or any other dangerous or deadly firearm.
I am fully aware of the penalty portion under paragrah E. But it raises the question if it is holstered on my person then am I allowing him possesion or control of the weapon? I think the answer is no but I obviously want to protect first myself and then him from legal issues.
E. Any person having been issued a concealed handgun license pursuant
to the provisions of the Oklahoma Self-Defense Act and who thereafter
knowingly or intentionally allows a convicted felon or adjudicated
delinquent or a youthful offender as prohibited by the provisions of
subsection A, C, or D of this section to possess or have control of any
pistol authorized by the Oklahoma Self-Defense Act shall, upon
conviction, be guilty of a felony punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00). In addition, the person shall have the
handgun license revoked by the Oklahoma State Bureau of
Investigation after a hearing and determination that the person has
violated the provisions of this section.
I undestand LEO's are not lawyers but could you weigh in if you have had any experience dealing with this portion of the statutes. I was asked to take the guy on as a favor but I am not going to abdicate my right to carry.