Help me clarify some SDA sections, please! :D

[Buzzgun]

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

Not quite correct

TITLE 21 § 1289.7. Firearms in vehicles

Any person, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat
of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded.
The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title.

TITLE 21 § 1289.13. Transporting a loaded firearm

TRANSPORTING A LOADED FIREARM

Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it
shall be unlawful to transport a loaded pistol, rifle or shotgun in a land borne motor vehicle over a public highway or
roadway. However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when
transported in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the
vehicle notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid
handgun license pursuant to the Oklahoma Self-Defense Act.

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

.............

 

[Braggs]

concealed behind a seat
of the vehicle or within the interior of the vehicle

If I'm in the vehicle, and the gun's on my hip, in plain view, then am I still legal? The gun is in the interior of the vehicle...

Braggs

 

[Buzzgun]

The 2 sections I quoted pertain to rifles and shotguns.......don't think you wlll be carrying one on your hip??

 

[Rod Snell]

If I'm in the vehicle, and the gun's on my hip, in plain view, then am I still legal? The gun is in the interior of the vehicle...

Braggs

You cannot open carry a pistol in OK unless you are engaged in the specified activities in the SDA, and going to work is not one of them. Technically, it is illegal to walk around your yard and carry a pistol just because you want to. Whenever I wear a gun openly going to the barn, I'm always "hunting" that pesky coyote that hangs around.
Don't confuse transport with carry.
You can just toss an unloaded handgun in the passenger seat for transport.

Title 21, Section 1289.6 and Section 1272 in the OK Statutes.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2010.pdf


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:

1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;

2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;

3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;

4. The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director or the Courts; or

5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, living history reenactment means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.

 

[Braggs]

Don't confuse transport with carry.

Excellent response Rod. This clarifies a lot. It's hard enough understanding the legal jargon itself but then they have one section that that restricts another section. Perhaps after reading it a few dozen more times I'll get it.

After taking the SDA class, I kinda felt that there were so many restrictions that it might be easier just to go without. After all, the last thing I want is a felony for accidentally going to the wrong place.

Braggs

 

[vvvvvvv]

I kinda felt that there were so many restrictions that it might be easier just to go without.

I believe that's what they want you to think.

There's no substitute for reading the law itself. After all, the SDA instructor's book supposedly says that you are to declare your firearm to every police officer you come into contact with no matter how casual. However, the law limits it to arrest, detainment, and traffic stop. http://www.okshooters.com/forums/showthread.php?t=88807&page=2