Open carry at work on private property

[inkedmongo]

Hello, I was wondering what the laws were regarding open or concealed carry while at work on private property with the permission of the owner of both the business and the property and if a permit would still be required to do so?

Thank you in advance for any information provided.

 

[Rod Snell]

With a carry license and permission, you're good to go.

TITLE 21 § 1272 UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
23
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;
4. The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director or the Courts; or
5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, living history reenactment means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.


TITLE 21 § 1290.7 CONSTRUING AUTHORITY OF LICENSE
The authority to carry a concealed or unconcealed handgun pursuant to a valid handgun license as authorized by the provisions of the Oklahoma Self-Defense Act shall not be construed to authorize any person to:
1. Carry or possess any weapon other than an authorized pistol as defined by the provisions of Section 1290.2 of this title;
2. Carry or possess any pistol in any manner or in any place otherwise prohibited by law;
3. Carry or possess any prohibited ammunition or any illegal, imitation or homemade pistol;
4. Carry or possess any pistol when the person is prohibited by state or federal law from carrying or possessing any firearm; or
5. Point, discharge or use the pistol in any manner not otherwise authorized by law.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2014.pdf

Since it is not YOUR business property, you will need a license:

TITLE 21 § 1289.6 CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED
A. A person shall be permitted to carry loaded or unloaded shotguns, rifles and pistols, open and not concealed, and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:1. When hunting animals or fowl;
2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;
3. During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces;
4. During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials;
5. During a practice for or a performance for entertainment purposes;
6. For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person; or
7. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms.

 

[inkedmongo]

I was told by a few others that with the consent of the property owner that I would have nothing to worry about, especially as an employee but want all my facts straight before doing so.

This is a prime example of why I support constitutional carry. I had a case that was dismissed and expunged, yet OSBI legal team informed me that I have to wait 3 years to be eligible for a concealed carry license, which is ridiculous considering I can legally buy a gun by passing the exact same background check by the same people, yet they want to blanket my rights for 3 years on being able to carry it.

Has anyone else had problems with this?

 

[tRidiot]

I am thinking you might want to consult a lawyer on that matter. From my personal viewpoint, if your case was dismissed and expunged, from the legal system's perspective, it should be as if it never happened. Although I would likely want to disclose it on my application so as not to be accused of attempting to hide anything, I don't think it should be permissible for a government agency to deny your rights based on it. A true legal challenge would be interesting to see if OSBI has the legal standing to deny you a permit - and if so, why? I mean... being CHARGED with a crime should not cause a loss of your rights, only a conviction. This, to me, reeks strongly of the same kind of assumption of guilt and subsequent forfeiture as the legal system confiscating cash and property from people charged with a drug crime that is then dismissed or they are exonerated of, and then refusing to return their property or cash.

Not right, IMO. Of course, I don't know the specifics of your case, and IANAL of course, but from a casual glance, I don't see how this should be a legitimate reason for withholding a permit in a shall-issue state.

 

[inkedmongo]

I agree 100%.

OSBI is trying to tell me that I have to wait 3 years to be eligible for a CCL and that time starts effective the date that my case was dismissed. They withdrew any and all finding of guilt, dismissed the case, expunged with prejudice, and I was never convicted. To me if I am dismissed of everything and the case was thrown out, I should have all of my rights reinstated effective immediately. Why can they run the same background check on me for free to buy a gun and pass with no problems yet tell me I am not eligible to carry said weapon?

I do think that more people should bring this forward as it being a form of infringing our rights.

 

[streak]

just curious. what were the charges

 

[inkedmongo]

I worked for a computer store in Tulsa. A customer brought in a laptop that we outsourced to Apple for services. I called and made the appointment with Apple providing the serial number and information. I showed up at Apple to leave the computer for work and the police arrived and detained me. I was taken in to speak with a detective. He informed me that the laptop was taken from a home burglary that morning. I provided the information of where I work, the information of the person that brought it in, and video surveillance of the person bringing it in. They charged me with knowingly receiving stolen property, basically accusing me of knowing the laptop was stolen when I had no idea at all. Who in their right mind would call and provide serial numbers and information to show up with something they knew was stolen? I spent over 3k in legal fees fighting it and completely ran out of money to go any further, so I had to endure a deferred probation of 2 years for something I didn't even do, not to mention over 80 hours of community service, court cost, fines, and the inconvenience of being treated like a felon for those 2 years. Now everything has been dismissed and expunged and having only an arrest but no convictions.

 

[tRidiot]

Damn that sucks... I guess it depends on if you have the cash nowadays to hire an attorney to deal with the OSBI on this matter. Again, all comes down to money. Maybe one of our attorneys here on the board can point you in the direction of some legal services that might be useful to you. How important is it to you to have the right to carry a weapon? Personally, I'd be all up in their @$$ like a proctologist, but not everyone can. Sorry.

 

[Dave70968]

Under what statute was the conviction expunged? 22 O.S. 991c or 22 O.S. 18? You said "deferred," so I'm guessing 991c; the section 18 expungement is much stronger.

PM me if you'd prefer to talk privately; if you can give me a case number, it might help.

 

[inkedmongo]

It was a 991c. According to 22 OS 18 a person has to wait 2 years for a misdemeanor to be eligible and 10 years for a felony charge, which is ridiculous.

I still don't understand how the OSBI can prevent someone from their right based on a set of rules they made which infringe on our Constitutional rights.