OK Laws - Guns in Vehicle

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noob2013

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we don't require a handgun license for a person to own or safely transport handguns within the applicable legal stipulations ....what we have now is an Oklahoma handgun "carry" license valid for concealed or open carry of a loaded firearm on your person or vehicle within the applicable legal stipulations.
The legal definition of "in plain view" is not intuitive here.
The gun may be in a gun case and in the trunk and still be considered open and in plain view. It can be in a case on the seat too. It doesn't have to be sitting on the front seat uncased, but it may be.

"Safely transport handguns" - how is that defined? Magazine loaded, but, separated from the gun? Gun and separated loaded magazine in a lock box in glove compartment? Is that in plain view? How about gun and separated loaded magazine in lock box in the middle console?
The lawmakers really have to make it clear.

As my original post ... "loaded handgun" - is it correct to define loaded handgun as in gun with loaded magazine inside the gun without a round loaded or is it defined as gun is chamber loaded?
 

Rod Snell

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Please excuse my bluntness, but the speculation about putting a loaded mag in the gun and calling it unloaded is nonsense. That in OK is "magazine loaded."
There is NO REQUIREMENT in OK law to physically separate a loaded magazine any particular distance from the gun: just don't insert it.
You can rubber band a loaded magazine to an empty semi-auto and lay it open on the seat. It must be "open" as defined below.
If you get hauled into court, the black letter law below will apply. You must have a license to legally transport a loaded gun in Oklahoma.
The SDA quoted below is the OK law:

TITLE 21 § 1289.7 FIREARMS IN VEHICLES


Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.

Any person, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded. The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title.

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 handgun, concealed or unconcealed, and is carrying a handgun or has the handgun in such vehicle, shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.


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.

Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of this title.
 

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