Legality of carry on private property

[Bill of Rights]

Is it legal to carry on private property? I was always under the impression it was, however in a different thread I heard otherwise. LightningCrash cited the following:

see Fritz Pierce v State
Pierce v State also found that a pistol was not part of the state's RKBA
http://www.loislaw.com/livepublish8923/doclink.htp?alias=OKCASE&cite=275+P.+393


A more recent case, Gilio v State, reviews Open Carry a bit and does not overturn Pierce, but affirms it.
http://www.lexisone.com/lx1/caselaw...=eeCN.Gjea.aadj.edCN&searchFlag=y&l1loc=FCLOW


"As the law now is in this state, a person may lawfully own and possess any of the weapons named in sections 1991, 1992, [pistols and revolvers] and may move such weapons from room to room in their place of residence, but may not wear them on their person and transport them about the yard as shown by the evidence to have been done by the defendant in this case. 42 Okla. Crim. at 279, 275 P. at 395."

If this is true, how is it legal to shoot targets on your own private land, as so many do? One certainly has to carry in order to shoot.

Surely this case law is negated by further case law or statute, right? If not, this seems a blatant infringement of the 2nd A. If I can't keep and bear on my own property, then where??

 

[LightningCrash]

If this is true, how is it legal to shoot targets on your own private land, as so many do? One certainly has to carry in order to shoot.

There are statutes in title 21 that permit open carry under certain circumstances. Recreational target shooting is among them.
Concealed carry is another story though.

 

[Wyatt]

Right or wrong, there is going to be the point on where you live. I will occasionally come in from work, straight to the shop and pull the mower out and start mowing with my shirt off, gun still on. The difference would be perception. I wouldn't do this in the city limits of Tulsa, as I live in a semi-rural area, and I have neighbors close by. None of them have an issue, most have went through the SDA class. It is a matter of when/where, and unfortunately, the where has a large bearing on this, pertaining to carrying on your property. You WILL get a visit from TPD if you are doing this in the city limits with people around.

 

[ExSniper]

The first case cited is from 1929 and state law has changed quite a bit since then. The second case involved failing to notify LEO on first contact, not just the carrying of a weapon. Keep searching and you will find a lot of law to the contrary.

 

[vvvvvvv]

The first case cited is from 1929 and state law has changed quite a bit since then.

The law has not changed to the contrary of those cases, though.

Here's the OSCN link to Pierce v. State (1929) http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=38162

They address what was then Section 1992, C.O.S. 1921, which stated "It shall be unlawful for any person in the state of Oklahoma to carry upon or about his person any pistol, revolver, bowie-knife, dirk-knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, except as in this article provided..."

The wording here is very similar to 21 O.S. § 1272. It is similar enough to show that the former is the origin of the latter prior to the reorganization of Oklahoma laws. Byford v. State (1949) makes this clear in that it specifically addresses 21 O.S. § 1272 and refers to Pierce as construing a conclusive interpretation of the statute. Gilio v. State (2001) further held that Pierce applied to firearms outside the confines of the home.

So in fact, there is caselaw as recent as 2001 that addresses the validity of the Pierce ruling in light of modern laws, including the Oklahoma Self Defense Act.

 

[justinsaneok]

so ??????????????????????????????????? yes we can do what we want on are land that we pay for. Or no

 

[vvvvvvv]

so ??????????????????????????????????? yes we can do what we want on are land that we pay for. Or no

Nope.

 

[justinsaneok]

Nope.

I do what I want. To the benefit of my family and my fellow man. Funny I thought you could have a gun on you on your land.

 

[WNM]

Consider me a law breaking citizen. I live outside the city limits on 10 acres though.

 

[Werewolf]

so ??????????????????????????????????? yes we can do what we want on are land that we pay for. Or no

Your LAND?

ROFLMAO...

Stop paying your property taxes and you'll find out real quick that it isn't your land. You're just rentin' if from the government.