Got detained by stillwater pd today for brandishing

[taymoor]

Okay. They've got me. let this be a lesson for all who buy knives at a gun show. which amendment covers knifes? (:

§21-1272. Unlawful carry.
UNLAWFUL CARRY

A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:

 

[taymoor]

****... looks like I could have my permit suspended for six months because of the knife.

§21-1276. Penalty for 1272 and 1273.
PENALTY FOR 1272 AND 1273

Any person violating the provisions of Section 1272 or 1273 shall, upon a first conviction, be adjudged guilty of a misdemeanor and the party offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. On the second and every subsequent violation, the party offending shall, upon conviction, be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not less than thirty (30) days nor more than three (3) months, or by both such fine and imprisonment.
Any person convicted of violating the provisions of Section 1272 or 1273 after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, shall have the license suspended for a period of six (6) months and shall be liable for an administrative fine of Fifty Dollars ($50.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
R.L. 1910, § 2550. Amended by Laws 1995, c. 272, § 30, eff. Sept. 1, 1995.

 

[ExSniper]

Yes Governor Brad should have signed the Open Carry provisions into law, No he did not. Pursuant to the Oklahoma Constitution and the laws of this state it is unlawful to carry a weapon openly except under very limited circumstances.
Spring-type knives are illegal, though the type you described are generally not included in this category.
The OSBI will review the incident report and determine whether or not a suspension of your license is called for. That is the law for right now.

Mary Fallin says she will sign the open carry law, Askins voted against the SDA![/
TITLE 21 § 1290.2. Definitions
DEFINITIONS
As used in Sections 1 through 26 of this act:
1. Concealed handgun means a loaded or unloaded pistol carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger;

TITLE 21 § 1272. Unlawful carry
UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:


TITLE 21 § 1290.17. Suspension and revocation of license
SUSPENSION AND REVOCATION OF LICENSE
A. The Oklahoma State Bureau of Investigation shall have authority pursuant to the provisions of the Oklahoma Self-Defense Act and any other provision of law to suspend or revoke any concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act. A person whose license has been suspended or revoked or against whom a fine has been assessed shall be entitled to an appeal through a hearing in accordance with the Administrative Procedures Act. Any administrative hearing on suspensions, revocations or fines shall be conducted by a hearing examiner appointed by the Bureau. The hearing examiner’s decision shall be a final decision appealable to a district court in accordance with the Administrative Procedures Act. After a concealed handgun license has been issued, the discovery of or the occurrence of any condition which directly affects a person's eligibility for a handgun license as provided by the provisions of Section 1290.9 or 1290.10 of this title shall require a revocation of the license by the Bureau. The discovery of or the occurrence of any condition pursuant to Section 1290.11 of this title, after a license has been issued, shall cause a suspension of the handgun license for a period of time as prescribed for the condition. Any provision of law that requires a revocation of a concealed handgun license upon a conviction shall cause the Bureau to suspend the concealed handgun license upon the discovery of the arrest of the person for such offense until a determination of the criminal case at which time the Bureau shall proceed with the appropriate administrative action. A licensee may voluntarily surrender a license to the Oklahoma State Bureau of Investigation at any time. Such surrender of a handgun license will render the license invalid. Nothing in this section may be interpreted to prevent a subsequent new application for a license. The licensee shall be informed and acknowledge in writing as follows:
1. The licensee understands that the voluntary surrender of the license will not be deemed a suspension or revocation by the Bureau;
2. A voluntary surrender of a license will not be reviewable by a hearing examiner or subject to judicial review under the Administrative Procedures Act; and
3. By surrendering the license, the licensee shall forfeit all fees paid to date.
B. Any concealed handgun license which is subsequently suspended or revoked shall be immediately returned to the Oklahoma State Bureau of Investigation upon notification. Any person refusing or failing to return a license after notification of its suspension or revocation shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for not exceeding six (6) months, or by both such fine and imprisonment. In addition, the person shall be subject to an administrative fine of Five Hundred Dollars ($500.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.
C. Any law enforcement officer of this state shall confiscate a concealed handgun license in the possession of any person 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, as follows:
1. Upon the arrest of the person for any felony offense;
2. Upon the arrest of the person for any misdemeanor offense enumerated as a preclusion to a handgun license;
3. For any violation of the provisions of the Oklahoma Self-Defense Act;4. When the officer has been called to assist or is investigating any situation which would be a preclusion to having a handgun license; or
5. As provided in subsection D of Section 1290.8 of this title.
D. Any administrative fine assessed in accordance with the provisions of the Oklahoma Self-Defense Act shall be paid in full within thirty (30) days of assessment. The Oklahoma State Bureau of Investigation shall, without a hearing, suspend the concealed carry license of any person who fails to pay in full any administrative fine assessed against the person in accordance with the provisions of this subsection. The suspension of any concealed carry license shall be automatic and shall begin thirty (30) days from the date of the assessment of the administrative fine. The suspension shall be removed and the concealed carry license returned to its prior standing upon payment of the administrative fine being paid in full to the bureau.
13
E. Whenever a concealed carry license has been suspended in accordance with the provisions of this act or the administrative rules of the Bureau promulgated for purposes of this act, the license shall remain under suspension and shall not be reinstated until:
1. The person whose license has been suspended applies for reinstatement in accordance with the administrative rules of the Bureau. The Bureau shall not charge any fee in conjunction with an application for a license reinstatement. The person whose license has been suspended must demonstrate that the condition or preclusion which was the basis for the suspension has lapsed and is no longer in effect; and
2. Any and all administrative fines assessed against the person have been paid in full.
In the event a concealed carry license expires during the term of suspension, the person shall be required to apply for renewal of the license in accordance with Section 1290.5 of this title.

 

[gillman7]

So can a LEO confirm that our CCL is tied to our tags? Is it just tied to the registration, or how did they know by running his tag that he had a CCL?

 

[ugoleftillgorite]

The exact same thing happened to me on a motorcycle in BA, execpt it was 2 female cops. One drew on me, the other one ran up and tackled me. It was quite an experience. Once I showed them the concealed carry, they cooled down but man they were freaking out because I had a gun, pocket knife, and a boot knife. I'm glad I didn't have a BUG on me at the time. They disassembled my gun and locked it under the seat of my bike and told me not to approach my bike til they were out of sight. It was crazy! They only other time I have been approached by the police about this was in a restaurant. Appartently, someone in the restaraunt caught a glimpse of it or saw an imprint of it through my jacket. The cops showed up, checked my permit, then just asked me to be more careful concealing it. Let me tell you, though, we got the worst service of our life there that night!

 

[taymoor]

we got the worst service of our life there that night!

you'd think you would have had the worst. in either case, did they even file a report? anything happen to your permit. I was joking around with somebody saying that the OSBI takes 3-5 months to process applications for permits, but they'll most likely take 24 hours to take care of my situation (be it in a good way or in a bad way)

 

[jtischauser]

Id' call the NRA too. They eat stuff like this up.

 

[Lithiumokc]

The blade of a knife is in. No way a device in the handle y

 

[taymoor]

Id' call the NRA too. They eat stuff like this up.

I'd be surprised if the NRA did anything. I'm slowly starting to think they should be called NRI, not NRA. National Rifles Incorporated. They disappointed my quite often lately

 

[BadgeBunny]

So can a LEO confirm that our CCL is tied to our tags? Is it just tied to the registration, or how did they know by running his tag that he had a CCL?

It's not tied to your tag, your registration or your license. A "routine" check will not show your CCL. However, if someone goes to the trouble to run a criminal background check (like looking for warrants), which is different than running tags, it will show up.