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The Range
Law & Order
Has any otherwise lawful Oklahoman ever been convicted of open carry since the SDA?
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<blockquote data-quote="ZMWILL" data-source="post: 1756088"><p>New to the forum here and looking for answers. I recently started looking into this HB2522 thinking what a great deal. Now I'm not so sure. I got the question why are we not allowed to carry. I have asked a friend who is a Logan County Sheriff and he confirmed we are not allowed to open carry legally. So I looked into it. What I found on OSCN I presented to him, which is the following and he now feels his initial response and the accepted public view is in error with state law. In addition he could not find any case in OSCN where aanyone had been tried foropen carry. While not a lawyer I've come to determination it may be legal to open carry here in Oklahoma as the present law reads. I have discussed it with many including online with legislator Tim Gillespie. While Gillespie feels it is not legal he and no one else I have questioned has been able to say go to this statute and line to find where. Those in the know who say it is illegal always point to Unlawful Carry 21-1272 but its limitations are subject to other statutes that say otherwise.</p><p></p><p>We are told it is illegal here in 21-1272.</p><p></p><p>§21-1272 UNLAWFUL CARRY</p><p> It shall be unlawful for any person to carry upon or about his or her </p><p>person, or in a purse or</p><p>other container belonging to the person, any pistol, revolver, shotgun </p><p>or rifle whether loaded or</p><p>unloaded or any dagger, bowie knife, dirk knife, switchblade knife, </p><p>spring-type knife, sword</p><p>cane, knife having a blade which opens automatically by hand pressure </p><p>applied to a button,</p><p>spring, or other device in the handle of the knife, blackjack, loaded </p><p>cane, billy,hand chain, metal</p><p>knuckles, or any other offensive weapon, whether such weapon be </p><p>concealed or unconcealed,</p><p>except this section shall NOT prohibit:</p><p>2. The carrying or use of weapons in a manner otherwise permitted by </p><p>statute or authorized by</p><p>the Oklahoma Self-Defense Act;</p><p></p><p>Illegal except where it shall not Prohibit. So with this section shall not prohibit... in mind we go to statute 1289.6 where it states</p><p></p><p>§21-1289.6 CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED</p><p>A. A person shall be permitted to carry loaded and unloaded shotguns, </p><p>rifles and pistols, open</p><p>and not concealed and without a handgun license as authorized by the </p><p>Oklahoma Self-Defense</p><p>Act, Sections 1 through 25 of this act, pursuant to the following </p><p>conditions:</p><p>(we skip to item #6) 6. For any legitimate purpose not in violation of the Oklahoma Firearms </p><p>Act of 1971, Sections 1289.1 through1289.17 of this title or any legislative enactment </p><p>regarding the use, ownership</p><p>and control of firearms.</p><p></p><p>Sections 1289.1 through1289.17 is all the common sense stuff ie..firearms and felons, children, drunken and so on. So I then questioned what legitimate purpose meant. I came up with two definition as per the Oklahoma legislature. So now we go just prior to 1289.6 to 1289.2 to find the first of what the legislature considers legitimate reasons. </p><p></p><p>§ 1289.2 LEGISLATIVE FINDINGS FOR FIREARMS ACT</p><p>The Legislature finds as a matter of public policy and fact that it is </p><p>necessary for the safe and</p><p>lawful use of firearms to curb and prevent crime wherein weapons are </p><p>used by enacting</p><p>legislation having the purpose of controlling the use of firearms, and </p><p>of prevention of their use</p><p>without unnecessarily denying their lawful use in defense of life, home </p><p>and property, and their</p><p>use by the United States or state military organizations and as may </p><p>otherwise be provided by</p><p>law, including their use and transportation for lawful purposes.</p><p></p><p>Here we found defense of self, home and property along with curbing crime as legitimate reasons for firearms. The second basis for this definition of legitimate purpose is that self defense was the driving premise in the concealed carry law.</p><p></p><p>As the law states above I feel open carry is already legal and the HB2522 seems to be a back door approach to gun control by moving it from a right given by God and affirmed by the state statues above to a privilege by requiring permission from the state and by the applying of fees to exercise the (to be under HB2522) a privilege not to mention your name is now on a government list. So the questions are </p><p></p><p>1-Can anyone list the actual statute(s) that say it is illeagal?</p><p>2-Has anyone considered a petition drive to have the courts, law enforcement, and legislature into acknowleging he law I mentioned above?</p></blockquote><p></p>
[QUOTE="ZMWILL, post: 1756088"] New to the forum here and looking for answers. I recently started looking into this HB2522 thinking what a great deal. Now I'm not so sure. I got the question why are we not allowed to carry. I have asked a friend who is a Logan County Sheriff and he confirmed we are not allowed to open carry legally. So I looked into it. What I found on OSCN I presented to him, which is the following and he now feels his initial response and the accepted public view is in error with state law. In addition he could not find any case in OSCN where aanyone had been tried foropen carry. While not a lawyer I've come to determination it may be legal to open carry here in Oklahoma as the present law reads. I have discussed it with many including online with legislator Tim Gillespie. While Gillespie feels it is not legal he and no one else I have questioned has been able to say go to this statute and line to find where. Those in the know who say it is illegal always point to Unlawful Carry 21-1272 but its limitations are subject to other statutes that say otherwise. We are told it is illegal here in 21-1272. §21-1272 UNLAWFUL CARRY 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: 2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act; Illegal except where it shall not Prohibit. So with this section shall not prohibit... in mind we go to statute 1289.6 where it states §21-1289.6 CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED A. A person shall be permitted to carry loaded and unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license as authorized by the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, pursuant to the following conditions: (we skip to item #6) 6. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through1289.17 of this title or any legislative enactment regarding the use, ownership and control of firearms. Sections 1289.1 through1289.17 is all the common sense stuff ie..firearms and felons, children, drunken and so on. So I then questioned what legitimate purpose meant. I came up with two definition as per the Oklahoma legislature. So now we go just prior to 1289.6 to 1289.2 to find the first of what the legislature considers legitimate reasons. § 1289.2 LEGISLATIVE FINDINGS FOR FIREARMS ACT The Legislature finds as a matter of public policy and fact that it is necessary for the safe and lawful use of firearms to curb and prevent crime wherein weapons are used by enacting legislation having the purpose of controlling the use of firearms, and of prevention of their use without unnecessarily denying their lawful use in defense of life, home and property, and their use by the United States or state military organizations and as may otherwise be provided by law, including their use and transportation for lawful purposes. Here we found defense of self, home and property along with curbing crime as legitimate reasons for firearms. The second basis for this definition of legitimate purpose is that self defense was the driving premise in the concealed carry law. As the law states above I feel open carry is already legal and the HB2522 seems to be a back door approach to gun control by moving it from a right given by God and affirmed by the state statues above to a privilege by requiring permission from the state and by the applying of fees to exercise the (to be under HB2522) a privilege not to mention your name is now on a government list. So the questions are 1-Can anyone list the actual statute(s) that say it is illeagal? 2-Has anyone considered a petition drive to have the courts, law enforcement, and legislature into acknowleging he law I mentioned above? [/QUOTE]
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Has any otherwise lawful Oklahoman ever been convicted of open carry since the SDA?
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