New to CC, Legal Questions

[Fredkrueger100]

Indeed. I'd rather leave than get a $250 ticket...

That is why you always carry concealed when going into a place that is posted. I never leave my gun in the car. Unless it's in a place that is off limits. And I try and stay out of those places.

 

[Rod Snell]

The old law read if you carried into a place that was posted no guns they could tell you to leave and if you refuse you could be charged with trespassing. Now the only thing that can happen is they can ask you to leave and if you refuse and the police are called you can be issued a ticket. You WILL NOT be charged with trespassing. And for the record, our licenses are not concealed carry permits anymore. You can carry concealed or in the open with a license. Hope this helps you out. The "trespassing" law was changed in November of 2014 I believe. Basically what it does is still give business the right to tell people to leave while also giving us the right to carry past a sign and not be risking a trespassing charge.

TITLE 21 § 1290.22 BUSINESS OWNER’S RIGHTS

The old law did NOT contain the "if you refuse to leave" and that is what was added. Giving a ticket for trespass has always been an option.

The problem was some counties were interpreting that you could get the ticket without refusing to leave, simply by walking past the sign into the store (I posted on OKshooters a copy of one of the DAs letter stating such a policy). The revision makes it uniform across the state that you must be personally told to leave and refuse, not be charged simply based on going past the sign.

 

[kinggabby]

Don't forget in Oklahoma a business ( except off limit places like post off ice, city, state or federal buildings etc. ) Have to be posted if they do not want firearms in there places of businesses.

 

[Fredkrueger100]

The old law did NOT contain the "if you refuse to leave" and that is what was added. Giving a ticket for trespass has always been an option.

The problem was some counties were interpreting that you could get the ticket without refusing to leave, simply by walking past the sign into the store (I posted on OKshooters a copy of one of the DAs letter stating such a policy). The revision makes it uniform across the state that you must be personally told to leave and refuse, not be charged simply based on going past the sign.

I never said just walking into a business that was posted would get you in trouble. All I was saying is you can't be arrested or ticketed for criminal trespassing after being asked to leave. All that COULD happen is if the police are called and they ask you to leave and you refuse, you can be issued a regular ticket. Before if you refused to leave you could be charged with trespassing. That is no more with the new law.

 

[Rod Snell]

I never said just walking into a business that was posted would get you in trouble. All I was saying is you can't be arrested or ticketed for criminal trespassing after being asked to leave. All that COULD happen is if the police are called and they ask you to leave and you refuse, you can be issued a regular ticket. Before if you refused to leave you could be charged with trespassing. That is no more with the new law.

Go back and read my post. I corrected your statement that the old law had "if you refuse to leave." IT DID NOT. The revision does. I have both the old and new books.

I said some DAs were charging people who simply walked past the sign, and in 2013 posted a DA letter stating such a policy. It was ambiguous and not uniformly applied.

 

[Surveyor1653]

The TDSA calendar is live and enrollment is happening, by the way.