Misdemeaner question

[Burk Cornelius]

The transporting a loaded firearm would be my bigger concern pertaining to the ability to obtain a CCW.

Luckily the statute was revised a few years ago and unlawful carry of a loaded weapon in a vehicle is only a $70 traffic citation.

TITLE 21 § 1289.13A. Improper transportation of firearm

A. Notwithstanding the provisions of 1272 or 1289.13 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self-Defense Act or valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law

 

[Buzzdraw]

21 OS 1289.13A may be the statute cited. OTOH the officer may have cited you for something else; perhaps that info is on your written citation.

Maybe you need a lawyer to mitigate the damage of this one, maybe not. You may have to contact one to find out if you need one.

I'm sure that you're taking this event as an example of why consumption of alcoholic beverages (in any amount) and the SDA do not mix. Yes, its a bad pun.

 

[Stingray]

I was under the impression that being in possession of a loaded firearm while drinking is a felony. I guess this is not the case. Not sure where I got that idea.

Also, shame on you for drinking and driving. People get killed that way and I don't think the law cracks down hard enough on people who do this.

-S

 

[Fatboy Joe]

Stingray,

I know being "under the influence" and carrying a loaded firearm is something that can get your license supsended, but I don't know if it is a felony.. I am not sure the definition the law uses for "under the influence" as it is not specifically outlined in the law.

I may have been a little harsh earlier, but this type of "judgement" is what causes serious trouble and possibly death to someone. It is one thing to have a beer and be carrying a firearm, but carrying it illegally.

 

[rebelracer79]

Also, shame on you for drinking and driving. People get killed that way and I don't think the law cracks down hard enough on people who do this.

-S

One beer has never killed anyone and yes honestly I only had 1 beer. I passed about 4 different sobriety tests, I was most definatly not under the influence.

And for those of you commenting on the illegal carry, I'm not going to lose my life or one of a close family member over an unconstitutional law....

 

[reddog1]

One beer has never killed anyone and yes honestly I only had 1 beer. I passed about 4 different sobriety tests, I was most definatly not under the influence.

And for those of you commenting on the illegal carry, I'm not going to lose my life or one of a close family member over an unconstitutional law....

What I always had done (before attaning the SDA lic.)was get a medium thick rubber band, and band the loaded mag onto the grip, throw it in the front seat out in the open. f you need it, boom, rip it slam it, rack it, BANG.
I did that for 15 years... never a problem.
The law may be unconstitutional, and it sucks, but unfourtunatley, it is the law. Going forward just do the rubberband thing!!
As far as drinking, I realized a LONG time ago, If I want to drink, I do it at home. Period.

 

[ch1966]

One beer has never killed anyone and yes honestly I only had 1 beer. I passed about 4 different sobriety tests, I was most definatly not under the influence.

And for those of you commenting on the illegal carry, I'm not going to lose my life or one of a close family member over an unconstitutional law....

Grow up.
That's all I have for you now.

 

[Crosstimbers Okie]

Being armed and intoxicated is a crime. Simply having a beer while armed is not. Transporting an open container is a traffic violation. Carrying a firearm illegally is a misdemeanor. These are minor charges and will not preclude a SDA permit. The preclusions are all very clear in the SDA.

Just know how many beers you can have before you become legally intoxicated. That's 2 or 3 for the majority, depending on weight. And don't drive around with an open beer. That's asking for the kind of attention you don't want.

 

[Stingray]

Stingray,

I know being "under the influence" and carrying a loaded firearm is something that can get your license supsended, but I don't know if it is a felony.. I am not sure the definition the law uses for "under the influence" as it is not specifically outlined in the law.

Like I said, I'm not sure where I got the idea that it was a felony. It's just something that I've had in my head for what seems like forever. In any case, I think most of us agree that drinking while carrying a loaded firearm is inadvisable at best.

-S

 

[jhat]

Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.9 - Carrying Weapons Under the Influence of Alcohol
Cite as: O.S. §, __ __


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CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title.

Any person convicted of a violation of the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a term of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.



Any person adjudged guilty of violating any provision of Section 1289.9, 1289.10, 1289.11, 1289.12 or 1289.13 of this title shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment.