legal way to transport weapons?

[Rod Snell]

Also, is it legal for somebody in a vehicle as passanger with a CCL holder to have a rifle magazine loaded but not chambered?

As a general rule, the CHL rights do not convey to your unlicensed friend. In other words, the licensee's long gun may be magazine loaded, and the licensee can put a loaded pistol into the car. The unlicensed person needs to have his unloaded.

There is a practical reason not to chamber load a long gun in a vehicle in addition to the legal issue: in general they are much more likely than a pistol to fire from impact.

 

[Wormydog1724]

Thank you for your responses. I have my CCL and know the SDA to my own interpretation and wanted to confirm I was right or wrong. A couple of things I would like to respond with,

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.

I know out of the vehicle its ok to be loaded, thats not what I was asking about. I am not hunting from the vehicle, I know the law and the law says thats baaaaaadd...

Magazine doesn't apply to only detachable magazines. It also applies to rifles that hold 4 or 5 in the rifle itself, its magazine. Also shotguns have magazines, not detachable.

I was wanting to know about when hunting. In the OK Hunting Regs it says weapons must be unloaded when in the vehicle, this means nothing in the chamber or magazine. But the SDA contradicts that and says if you have your CCL you can have a magazine loaded rifle/shotgun in the vehicle. Which takes precedents over the other? If a game warden pulls you over and you have a magazine loaded/chamber empty rifle in the vehicle and you hand him your CCL, he would probably just laugh at you and write you a ticket.

As a general rule, the CHL rights do not convey to your unlicensed friend. In other words, the licensee's long gun may be magazine loaded, and the licensee can put a loaded pistol into the car. The unlicensed person needs to have his unloaded.

There is a practical reason not to chamber load a long gun in a vehicle in addition to the legal issue: in general they are much more likely than a pistol to fire from impact.

AS a SDA law, it says it does pertain to my friend. This is Section 1289.13 of the SDA and the previous paragraph addressed the issue of carrying magazine loaded/chamber empty rifles and shotguns.

TITLE 21 § 1289.13. Transporting a loaded firearm

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.

Thats pretty easy to interpret to me. As long as I have my CCL, me and my friend can have or rifles/shotguns magazine loaded/chamber empty.

Also I clearly wasn't taking about having a rifle/shotgun chamber loaded. Read my original post.



There are several reasons I am asking these questions. I am a predator hunter. My friend doesn't have his CCL, I do. We make 30 to 40 to 50 stands in a day, driving on county roads from stand to stand. Getting in and out of a vehicle that many times, we naturally unload the chamber and the leave magazine loaded. It clearly says I am in the right because I have my CCL, and I believe it clearly says my friend is in the right because I have my CCL.

I was wondering about when hunting because of the OK Hunting Regs say firearms must be unloaded when in a vehicle, does the SDA not apply when hunting?
I can't legally carry concealed when hunting? Obviously I can carry concealed when hunting so how can only part(s) of the SDA apply?

I am asking this because this past weekend a big hoopla was made about these very questions and I presented my points in what I thought was an easy to understand manner, I even had the SDA right there so all could read. There were several that agreed with me, several that didn't. The several that didn't were older gentlemen and it became apparent they didn't like the fact of a 22 year old telling them something they should already know. Even when I quoted word for word from the SDA , their only response was, "That's wrong." I didn't understand how they could say IT was wrong when IT was IT, the SDA.

 

[Bloodshotowl]

Actually abinok is correct. The law says not mag, clip or chamber loaded. It is talking about the gun, not the ammo holding mechanism. There is nothing wrong with transporting a gun, and a loaded magazine, as long as the magazine is not inserted in the gun. The law is about the firing ability of the gun, not the presence of shooting components.

Sometimes we make this way too hard. In OK you can transport a cased gun, unloaded, no matter if you have a CCL or not. You can transport an empty Glock in a case, on your seat, in plain view, with a loaded mag in the glovebox. What you can not do is transport a Glock in a case with a loaded mag in it, even without a round chambered.

The intent and language of the law is to prevent transporting a gun that is ready to fire, or with one motion made ready to fire. That is the purpose of saying not clip or mag loaded. Not that you can not have a loaded mag in the car, it is that you can not have the mag or clip inserted, where all you have to do is chamber the round and it is ready to fire.

The only thing a CCL will allow you to do other than a non CCL is to have the mag inserted in a rifle, but still not chambered, I am not talking about a handgun here. Of course you are carrying a chamber loaded pistol. I hope some of the CCL instructors will chime in on this as well.

For what it is worth, i don't think this is correct. I am licensed attorney in Oklahoma, but in this case i am relying on the attorney who taught my concealed carry class at H & H. He stated that to legally transport a weapon in a vehicle (without your Concealed Carry) the magazine must be unloaded. He sad the police would consider the weapon loaded if a magazine was loaded in the vehicle whether it was in the Weapon or not.

 

[Stingray]

I've read through this thread three times and I'm still pretty fuzzy. Here's my question. I do not have a CCL. I drive an SUV which obviously does not have a trunk. It also does not have a lockable glove compartment. Can I carry a pistol, shotgun, or rifle completely unloaded in a case which is visible in the passenger compartment AND also carry ammo for those weapons in the same passenger compartment provided none of the weapons are loaded?

-S

 

[rickeyparker]

The written law sounds like you can, But I wouldnt want a police officer to see the loaded clips right beside the cased pistol or rifle, If the Police officer is having a bad day he could at his discretion bust you for something, Its not worth the hassle, I would keep the loaded clips in the side pocket of the door and guns in passenger seat, On the other hand if your not carrying them for self defense , Then put them in the back concealed in something locked, The peace of mind of not worrying about getting busted is worth not needing them in reach. I have on occasion put my savage pump 30-30 behind the seat concealed with ammo elsewhere which is perfeclty legal.

 

[dennishoddy]

For what it is worth, i don't think this is correct. I am licensed attorney in Oklahoma, but in this case i am relying on the attorney who taught my concealed carry class at H & H. He stated that to legally transport a weapon in a vehicle (without your Concealed Carry) the magazine must be unloaded. He sad the police would consider the weapon loaded if a magazine was loaded in the vehicle whether it was in the Weapon or not.

As part of our ongoing safety program, our company invited a state game ranger to speak about boating, and hunting safety prior to hunting season opening up last year. NW district commander, 30 years a GW.
When he opened up the floor for discussion, one of the questions, was what did he as a GW consider to be an unloaded weapon in a vehicle. He said that it was OK for the mag to be loaded but not inserted.
Next time I see him, I'm going to ask about the CCW regs as well as all the other GW's I have the pleasure to visit with on a regular basis. Try to get a consensus of opinion. We have 4 GW's that work part time at the plant as added security on their days off.