Loaded Handgun Storage in Vehicle

[tRidiot]

Ok, but where in the OK SDA law book does it say I can store a loaded handgun in my vehicle if I have a CCW? I know it wouldn't make any sense, but laws don't always make sense.

Section 1289.13 specifically forbids it, and goes on to speak to rifles if you have an SDA license but remains silent on handguns. This section does pertain to transporting not storing, but where does it say loaded storage is allowed?

TITLE 21 § 1289.13 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.

I'd have to go specifically look it up, but I think it mentions any firearm in the vehicle is considered to be in the possession of the permit holder - as in, like an extension of your body. Therefore carrying a chamber-loaded pistol would be allowed, while only magazine-loaded rifle in the vehicle. Again, I'd have to go look it up, and I just woke up. lol

 

[p238shooter]

I'd have to go specifically look it up, but I think it mentions any firearm in the vehicle is considered to be in the possession of the permit holder - as in, like an extension of your body. Therefore carrying a chamber-loaded pistol would be allowed, while only magazine-loaded rifle in the vehicle. Again, I'd have to go look it up, and I just woke up. lol

I think what this is defining, in your vehicle, in your tent, in your house, in your pocket. It is "your" private space you are in control of. It is a shame not all federal agencies {Corps of Engineers} agree with this like "in your boat" or on "their" property.

 

[Pokinfun]

Very true. And the OP quoted "transporting" and he is talking about "storing" when the vehicle is NOT being driven, which is a different matter entirely. The SDA is silent on the manner of storing a firearm in a vehicle not being driven. So use your best judgment, and consider where and how long you park the vehicle.

The SDA is not silent on storage of a handgun. in a couple of places it says "said handgun shall be stored and hidden from view in a locked motor vehicle ..." unless you are at a jail and a corrections employee, it has to be in locked and cabled container.

 

[Rod Snell]

I stand corrected on the SDA being silent on the manner of storage. The general reference is "in a locked vehicle", stored on school property is "stored hidden from view in a locked vehicle" and in Title 57 a contraband exception applicable only to DOC employees. See below.

TITLE 21 § 1280.1 POSSESSION OF FIREARM ON SCHOOL PROPERTY


A. It shall be unlawful for any person to have in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers any firearm or weapon designated in Section 1272 of this title, except as provided in subsection C of this section or as otherwise authorized by law.

C. Firearms and weapons are allowed on school property and deemed not in violation of subsection A of this section as follows:


1. A gun or knife designed for hunting or fishing purposes kept in a privately owned vehicle and properly displayed or stored as required by law, provided such vehicle containing said gun or knife is driven onto school property only to transport a student to and from school and such vehicle does not remain unattended on school property;

2. A gun or knife used for the purposes of participating in the Oklahoma Department of Wildlife Conservation certified hunter training education course or any other hunting, fishing, safety or firearms training courses, or a recognized firearms sports event, team shooting program or competition, or living history reenactment, provided the course or event is approved by the principal or chief administrator of the school where the course or event is offered, and provided the weapon is properly displayed or stored as required by law pending participation in the course, event, program or competition;

3. Weapons in the possession of any peace officer or other person authorized by law to possess a weapon in the performance of his or her duties and responsibilities;

4. A concealed or unconcealed weapon carried onto private school property or in any school bus or vehicle used by any private school for transportation of students or teachers by a person who is licensed pursuant to the Oklahoma Self-Defense Act, provided a policy has been adopted by the governing entity of the private school that authorizes the carrying and possession of a weapon on private school property or in any school bus or vehicle used by a private school. Except for acts of gross negligence or willful or wanton misconduct, a governing entity of a private school that adopts a policy which authorizes the possession of a weapon private school property, a school bus or vehicles used the private school shall be immune from liability for any injuries arising from the adoption of the policy. The provision of this subsection shall not apply to claims pursuant to the Workers’ Compensation Code;

5. A gun, knife, bayonet or other weapon in the possession of a member of a veterans group, the national guard, active military, the Reserve Officers’ Training Corps (ROTC) or Junior ROTC, in order to participate in a ceremony, assembly or educational program approved by the principal or chief 27

administrator of a school or school district where the ceremony, assembly or educational program is being held; provided, however, the gun or other weapon that uses projectiles is not loaded and is inoperable at all times while on school property;


6. A handgun carried in a motor vehicle pursuant to a valid handgun license authorized by the Oklahoma Self-Defense Act onto property set aside by a public or private elementary or secondary school for the use or parking of any vehicle; provided, however, said handgun shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property; and

7. A handgun carried onto public school property by school personnel who have been designated by the board of education, provided such personnel either:

a. possess a valid armed security guard license as provided for in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes, or

b. hold a valid reserve peace officer certification as provided for in Section 3311 of Title 70 of the Oklahoma Statutes,

if a policy has been adopted by the board of education of the school district that authorizes the carrying of a handgun onto public school property by such personnel. Nothing in this subsection shall be construed to restrict authority granted elsewhere in law to carry firearms.

D. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).



TITLE 21 § 1289.7a TRANSPORTING OR STORING FIREARMS IN LOCKED MOTOR VEHICLE ON PRIVATE


PREMISES – PROHIBITION PROSCRIBED – LIABILITY ENFORCEMENT


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

B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for occurrences which result from the storing of firearms or ammunition in a locked motor vehicle on any property set aside for any motor vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms or ammunition. The provisions of this subsection shall not apply to claims pursuant to the Workers’ Compensation Act.

C. An individual may bring a civil action to enforce this section. If a plaintiff prevails in a civil action related to the personnel manual against a person, property owner, tenant, employer or business for a violation of this section, the court shall award actual damages, enjoin further violations of this section, and award court costs and attorney fees to the prevailing plaintiff.

D. As used in this section, "motor vehicle" means any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under the Oklahoma Vehicle License and Registration Act.




TITLE 57 § 21 BRINGING OR POSSESSING CONTRABAND IN JAIL OR PENAL INSTITUTION – PENALTIES


A. Any person who, without authority, brings into or has in his or her possession in any jail or state penal institution or other place where prisoners are located, any gun, knife, bomb or other dangerous instrument, any controlled dangerous substance as defined by Section 2-101 et seq. of Title 63 of the Oklahoma Statutes, any intoxicating beverage or low-point beer as defined by Sections 163.1 and 163.2 of Title 37 of the Oklahoma Statutes, money, or financial documents for a person other than the inmate or a spouse of the inmate, including but not limited to tax returns, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. Provided, the provisions of this subsection shall not prohibit any Department of Corrections employee who has a valid handgun license pursuant to the Oklahoma Self-Defense Act to keep a firearm in a vehicle on any property set aside for the parking of any vehicle, whether occupied or unoccupied, at any state-owned prison facility, provided the employee has provided annual notification to the Department of Corrections of the brand name, model, serial number, and owner identification information of the firearm, and the firearm is secured and stored in a locked metal storage container located in a locked vehicle. The storage container will be secured in the vehicle by a lockable chain or cable or by utilizing hardware provided by the manufacturer

 

[G26inOK]

Hey Rod, with that much detail I should have known who that post was from!

See you at the next IDPA match!

Dave

 

[G26inOK]

Many thanks to all that replied to this question! I appreciate your time!

Dave

 

[corwin1968]

I would like to further this discussion a bit. My reading indicates that a person holding a valid OK SDA permit can keep a loaded handgun in their car on a public school parking lot and no one in authority at the school or district can prohibit that. My question is: Can the district prohibit a district employee from keeping a gun in their car? The answer seems like a simple NO but I know the law can sometimes be tricky to interpret. Does anyone know if this scenario has been tested in the courts? Did the legislature write that to cover parents having to enter the school building but not employees? Did they even consider district employees?

I'm not interested in carrying to work on a daily basis but based on geography, going straight to a gun range from work is much, much more convenient than driving all the way home to pick up my gun.

 

[tRidiot]

I would like to further this discussion a bit. My reading indicates that a person holding a valid OK SDA permit can keep a loaded handgun in their car on a public school parking lot and no one in authority at the school or district can prohibit that. My question is: Can the district prohibit a district employee from keeping a gun in their car? The answer seems like a simple NO but I know the law can sometimes be tricky to interpret. Does anyone know if this scenario has been tested in the courts? Did the legislature write that to cover parents having to enter the school building but not employees? Did they even consider district employees?

I'm not interested in carrying to work on a daily basis but based on geography, going straight to a gun range from work is much, much more convenient than driving all the way home to pick up my gun.

I cannot imagine a scenario in which this would cover parents, but not cover employees? I don't know, I'm not a lawyer, but just from the common sense perspective, if it says it's legal to keep a loaded gun in your locked car, then it's legal. Period.

 

[Shadowrider]

I would like to further this discussion a bit. My reading indicates that a person holding a valid OK SDA permit can keep a loaded handgun in their car on a public school parking lot and no one in authority at the school or district can prohibit that. My question is: Can the district prohibit a district employee from keeping a gun in their car? The answer seems like a simple NO but I know the law can sometimes be tricky to interpret. Does anyone know if this scenario has been tested in the courts? Did the legislature write that to cover parents having to enter the school building but not employees? Did they even consider district employees?

I'm not interested in carrying to work on a daily basis but based on geography, going straight to a gun range from work is much, much more convenient than driving all the way home to pick up my gun.

How would they even know you have it out there?

 

[Pokinfun]

I would like to further this discussion a bit. My reading indicates that a person holding a valid OK SDA permit can keep a loaded handgun in their car on a public school parking lot and no one in authority at the school or district can prohibit that. My question is: Can the district prohibit a district employee from keeping a gun in their car? The answer seems like a simple NO but I know the law can sometimes be tricky to interpret. Does anyone know if this scenario has been tested in the courts? Did the legislature write that to cover parents having to enter the school building but not employees? Did they even consider district employees?

I'm not interested in carrying to work on a daily basis but based on geography, going straight to a gun range from work is much, much more convenient than driving all the way home to pick up my gun.

I am going to say no.