legal way to transport weapons?

[Wormydog1724]

The only thing I might wonder about that situation is the shotgun being under the seat. I think it has to be in plain view, doesn't it?

ETA Nevermind, I just read the rest of the posts, I think you are right.

The words I hate is "notwithstanding" and "pursuant". I am a 22 year old college student and I actually had to look them up, and I'm still not sure I get what it means!

If you look at TITLE 21 1289.7 the second paragraph says:

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.

So then I go to Section 1289.13 and it says:

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.

and

Any person who is the operator of a vehicle or is a passenger in any vehicle
wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a concealed handgun and is carrying a concealed handgun or has concealed a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.

So I read this that without a CCL, I can have a shotgun and/or rifle completely empty under the backseat.
With my CCL, that I have, I can legally have a shotgun and/or rifle magazine loaded and chamber empty under the back seat.

Would I be correct or do I need to some more?

 

[gillman7]

LOL!! I think we are both saying the same thing. I think I was editing my post when you were typing yours. I think you are correct, the CCL allows for the shotgun to be under the seat in the interior compartment loaded, but not chambered.

 

[Wormydog1724]

LOL!! I think we are both saying the same thing. I think I was editing my post when you were typing yours. I think you are correct, the CCL allows for the shotgun to be under the seat in the interior compartment loaded, but not chambered.

Ya that took me forever to do all the quoting. Works for me!

 

[Kiyot]

Heh the pursuant and notwithstanding was always something I thought was odd in that it would keeps referring you back to the other subsection, I call it "the loop"

Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.

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.

There is the first part of 1289.7

Without a CCL it states you can carry it anywhere within the vehicle as long as it is "open" But the way I read the second part is that you can conceal it anywhere within the vehicle by the statement "rifle or shotgun concealed behind a seat of the vehicle or concealed within the interior of the vehicle provided the rifle or shotgun" I carried the "concealed" over from the first description of an area because this paragraph is describing concealment whereas the first paragraph describes open transportation.


With a CCL, you should be able to carry it loaded wherever within the vehicle by the "or in the interior compartment of the vehicle" section in 1289.13. One time someone tried to say the "interior compartment" was the glove box, but to me that does not hold water because there is no glove box that is going to hold a rifle or shotgun. And it never states if the firearm has to be concealed or in plain sight.

Any person who is the operator of a vehicle or is a passenger in any vehicle
wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a concealed handgun and is carrying a concealed handgun or has concealed a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.

This is just basically saying you need to stay in or near the vehicle. "Near" is totally subjective though.

 

[Kiyot]

Gotta say you are wrong on that one.

Have to agree with the others. I believe the section you bolded all describe the condition of the rifle not the conditions of the individual magazine or clip.

 

[Nraman]

There is another aspect to transporting firearms. Federal laws. Not a lawyer, but my understanding is that a person without a CCL is not allowed to transport firearms even unloaded near a school. If this is correct, it is easy to find yourself near a school and get in trouble.
Does anybody know for sure?

 

[thayton]

notwithstanding means ?

 

[mhayes48]

Very helpful information. Thanks to all who posted.

 

[Wormydog1724]

Another question, so we have established than with a CCL a person can carry a rifle magazine loaded but not chambered. Does this apply when hunting?

Also, is it legal for somebody in a vehicle as passanger with a CCL holder to have a rifle magazine loaded but not chambered? Does this apply if they both are hunting?

I beleive I know what the answers are but wondered what other opinions were.

 

[spd67]

Another question, so we have established than with a CCL a person can carry a rifle magazine loaded but not chambered. Does this apply when hunting?

Also, is it legal for somebody in a vehicle as passanger with a CCL holder to have a rifle magazine loaded but not chambered? Does this apply if they both are hunting?

I beleive I know what the answers are but wondered what other opinions were.

If you are out of your vehicle and the rifle is with you, you can have it loaded all day long...If you are in the vehicle traveling to the place you are hunting all of the previous rules apply. I hope you don't mean you are hunting from the vehicle because that you cannot do at all. And you are correct the law pertains to the gun not the magazine. You can have the magazine sitting on the seat right next to the gun and the magazine can be loaded as long as the gun is not loaded.