Help me clarify some SDA sections, please! :D

[Braggs]

I looked around for awhile and couldn't find an open, appropriate thread to submit my questions about the SDA. I'll just ask in a new thread!

It sounds like some have interpreted the following:

- unlicensed can have any weapon in the vehicle if it's unloaded and visible or stored in the trunk (Title 21 SS 1289.7)
- licensed can have any weapon in the vehicle loaded or not, only pistols can be concealed (Title 21 SS 1289.13

Is this accurate? Also I have the following questions:

- I read Title 21 1289.6 to say anyone, even without a CC license (except felons obviously) can open carry anywhere between their home, car, and range, gun store, gun show and back again as long as the weapon is unloaded.

Is this a correct interpretation? Should I ask my local gun store before trying to open carry to their place of business? What determines whether the place is designated or authorized? Does this include pawn shops that often sell guns? Can I carry ammunition on my person as long as it's not in the gun?

Thanks in advance for the replies!

Braggs

 

[firfly]

you have too much time on your hand

 

[firfly]

you can use your hand for better things =))

 

[firfly]

Just Kidding

 

[firfly]

i'm going to read about the sda now

 

[Braggs]

Congrats firefly on meeting your required 20 posts. Anyone have any real comments/replies/answers?

Braggs

 

[vvvvvvv]

Congrats firefly on meeting your required 20 posts. Anyone have any real comments/replies/answers?

Braggs

LOL... if only we had a "like" button like on Facebook...



If you're planning on doing it in a holster, plan on the firearm being presumed to be loaded.

The intent of the law is that you are not required to conceal a firearm under the following conditions:

Transport from home to vehicle.
Transport from vehicle to gun store/range/show.
Transport from gun store/range/show to vehicle.
Transport from vehicle to home.

99.9% of those places have a "cold" policy unless you're on the firing line.

If you are transporting the firearm to or from a pawn shop that sells guns with the intention of doing legal business with that firearm, then that is also what the law covers.

As for carrying ammunition on your person as long as the firearm is unloaded, then of course. But obviously you're not going to be able to use it.

Once again, if you are carrying it unloaded openly in a holster, it will likely be presumed loaded and you will likely generate complaints which could possibly result in charges of public nuisance or disturbing the peace depending on your municipality.

(By the way, I'm not a lawyer, I just read a lot.)

 

[Braggs]

99.9% of those places have a "cold" policy unless you're on the firing line.

What is a "cold" policy?

You also mentioned that you have to be doing business with whatever firearm you are carrying into the store... I don't read that definition in the text... it just says you can carry into and while in the store.

Thanks for ringing in!

Braggs

 

[ssgrock3]

the osbi has a button so you can send in questions, but know they are not attorneys are will respond as interpretted by that individual.

As far as what Veggie is saying about the "carrying a firearm in an open manner" think this means use common sense. You cannot carry a gun around just because you happen to be visiting a gun store or pawn shop that sells/deals in guns.

There is some common sense required, both in carrying a weapon and the sda requirements and parameters of it.

 

[vvvvvvv]

As far as what Veggie is saying about the "carrying a firearm in an open manner" think this means use common sense. You cannot carry a gun around just because you happen to be visiting a gun store or pawn shop that sells/deals in guns.

There is some common sense required, both in carrying a weapon and the sda requirements and parameters of it.

This. Use common sense.

A "cold" policy means that are firearms are cold, meaning unloaded. Generally, they don't like you carrying them into the store area outside of a case or some other container.

While a requirement of doing business with or upon the establishment is not legally spelled out, most Courts (especially Oklahoma) also factor in the legislative intent of the law when making an interpretation.

So if you're just carrying it to be carrying it, you're going to have a tough legal fight ahead of you, even if you win on a strict interpretation ahead of you.