Law covering carrying guns openly in place of business

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BadgeBunny

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I think this might be what you are looking for:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=438588


Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Self-Defense Act
Section 1290.22 - Business Owner's Rights
Cite as: O.S. §, __ __


BUSINESS OWNER’S RIGHTS


A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

B. No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.

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Historical Data

Added by Laws 1995, c. 272, § 22, eff. Sept. 1, 1995. Amended by Laws 1996, c. 191, § 19, emerg. eff. May 16, 1996; Amended by Laws 2004, HB 2122, c. 39, § 2, eff. November 1, 2004 ( superseded document available ).

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Citationizer© Summary of Documents Citing This Document

Cite Name Level
Oklahoma Attorney General's Opinions
Cite Name Level
2004 OK AG 38, Question Submitted by: Director Ron J. Ward, Oklahoma Department of Corrections Cited

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Citationizer: Table of Authority
_______________________________
Cite Name Level
None Found.
 

BadgeBunny

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I guess everyone you ever see at a gun store falls into one of those three catagories

I am none of the above and I open carried the whole time I worked at H&H.

On another note, my dad had a veterinary business and had firearms all over the place (some out in the open, some not). He was none of the above either. In fact, I don't believe he ever even a CC license. Hunting license yes, conceal carry no.

He believed that if you came onto his property looking for money or drugs then hunting season was open, laws on the books be damned. (Yeah, I know, apple didn't fall far from that tree, huh? ;))
 

cw821

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Is "within your place of business" considered different from "within your own home"?

If they are considered the same, then seems to me that you have the right. If not, which specific law states so? From following the link given above, I did not see one that specified place of business, though I didn't get through them all. Seems to me you are okay to carry inside your premises, but not outside, even on your own property.

Pierce v State
http://www.loislaw.com/livepublish89...ite=275+P.+393
"DAVENPORT, J. (dissenting).
I cannot concur in the views of the majority opinion, wherein
it holds that the defendant could carry the pistol he was
carrying from room to room in his home but could not carry it
into his yard, the curtilage of his home. "


Gilio v State
http://www.lexisone.com/lx1/caselaw/freecaselaw.....=FCLOW

"It is clear that while there is no absolute right to carry a loaded, concealed firearm at all times in all places, our courts and legislature have chosen to allow an otherwise qualified citizen of this state to carry a loaded firearm in their home, and, if they are a permit holder, to carry a concealed, loaded firearm outside their home, pursuant to the terms of the Act. We do not interpret the Act to [*10] require a citizen to possess a permit to carry a concealed firearm within his own home, because such an interpretation would require us to find that the holding in Pierce was in conflict with, and was overruled by, the Act. Indeed the Act, by terms of the expressed legislative intent, was designed to be "cumulative to existing rights" to bear arms. 21 O.S. Supp. 1998 § 1290.25."
 

abinok

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I too worked at H&H for 4 years and always open carried...

I was thinking about this the other day as somebody I know who owns a liquor store was expressing intrest in getting a CCW for use in the store, and I recalled this particular section of Title 21 Chapter 53.....


Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Section 1272.1 - Carrying Firearms Where Liquor Is Consumed
Cite as: O.S. §, __ __


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A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing a valid concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title may carry the concealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.

Provided further, nothing in this section shall be interpreted to authorize any peace officer in actual physical possession of a weapon to consume low-point beer or alcoholic beverages, except in the authorized line of duty as an undercover officer.

Nothing in this section shall be interpreted to authorize any private investigator with a firearms authorization in actual physical possession of a weapon to consume low-point beer or alcoholic beverages in any establishment where low-point beer or alcoholic beverages are consumed.

B. Any person violating the provisions of this section shall be punished as provided in Section 1272.2 of this title.
 

vvvvvvv

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Is "within your place of business" considered different from "within your own home"?

They are considered separate.

I was thinking about this the other day as somebody I know who owns a liquor store was expressing intrest in getting a CCW for use in the store, and I recalled this particular section of Title 21 Chapter 53.....


Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Section 1272.1 - Carrying Firearms Where Liquor Is Consumed
Cite as: O.S. §, __ __

That particular statute only applies to establishments where low-point beer and/or liquor is consumed on the premises, not where liquor is sold. A liquor store is considered the same as any other retail establishment as far as firearm laws are concerned.

I think the relevant wording there is "on the premises" and not "on or about his person"

This.

21 O.S. § 1272 is more restrictive ("upon or about his or her person") than 21 O.S. § 1272.1 ("on the premises").
 

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