Open carry at work on private property

[Rod Snell]

TITLE 21 § 1290.11 OTHER PRECLUSIONS
A. The following conditions shall preclude a person from being eligible for a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act for a period of time as prescribed in each of the following paragraphs:
1. An arrest for an alleged commission of a felony offense or a felony charge pending in this state, another state or pursuant to the United States Code. The preclusive period shall be until the final determination of the matter.
2. The person is subject to the provisions of a deferred sentence or deferred prosecution in this state or another state or pursuant to federal authority for the commission of a felony offense. The preclusive period shall be three (3) years and shall begin upon the final determination of the matter;
3.........http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2014.pdf

 

[lee1000]

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.

The computer store should have picked up the tab on ALL legal fees. I would sue them for compensation.

 

[CHenry]

The computer store should have picked up the tab on ALL legal fees. I would sue them for compensation.

Me smells a fish in this story...

 

[twoguns?]

Oklahoma doesn't have a CCL only a HL

 

[huskres]

Me smells a fish in this story...

Like what?

 

[inkedmongo]

Not only did the business owner not pay my legal fees, he shut down his store weeks later, leaving me to deal with all of the mess, including me finding a job. Sketchy, right?

I spoke to a previous co worker from that company months later after my court trial ended, and he informed me that the owner told him that he knew the person that brought in the computer and he tipped them off not to show back up when I tried to get them back in the door with my bondsman/friend there to help deliver the police the person responsible.

The irritating part about it as a whole is I was brought up to believe if you are honest with the police and people in general you have nothing to worry about. When I went in to talk with that detective I signed my rights away because I provided him everything to show I was not guilty of anything and felt I had nothing to worry about, that is was a misunderstanding, yet they wanted no part in going after the person responsible and deliver proper justice.

 

[CHenry]

I smell a fish

Like what?

Not only did the business owner not pay my legal fees, he shut down his store weeks later, leaving me to deal with all of the mess, including me finding a job. Sketchy, right?

There it is...

 

[twoguns?]

Not only did the business owner not pay my legal fees, he shut down his store weeks later, leaving me to deal with all of the mess, including me finding a job. Sketchy, right?

I spoke to a previous co worker from that company months later after my court trial ended, and he informed me that the owner told him that he knew the person that brought in the computer and he tipped them off not to show back up when I tried to get them back in the door with my bondsman/friend there to help deliver the police the person responsible.

The irritating part about it as a whole is I was brought up to believe if you are honest with the police and people in general you have nothing to worry about. When I went in to talk with that detective I signed my rights away because I provided him everything to show I was not guilty of anything and felt I had nothing to worry about, that is was a misunderstanding, yet they wanted no part in going after the person responsible and deliver proper justice.

EVERYthing you say WILL be used against You

 

[inkedmongo]

EVERYthing you say WILL be used against You

Lesson was learned, trust me.

 

[henschman]

I am an attorney who handles criminal matters. Unfortunately you are precluded from getting an Oklahoma handgun license by the SDA, and it is highly unlikely that anyone could get the SDA overturned on Constitutional grounds after Heller.

One option you have is to look for another State that issues non-resident permits, and doesn't have anything like the three-year rule. Oklahoma has full reciprocity with all other States' carry licenses, even when their provisions are less strict than Oklahoma's, so you would be good to go. I have a NR carry permit from Maine, which was very easy and cheap to get through the mail. No fingerprints required or anything. You just have to show proof of some sort of handgun safety training with live fire from a recognized organization or government agency. I would probably start by reading through Maine's carry laws and seeing if you are eligible.

When it comes to your original question, regarding permitless OC as an employee, it comes down to the section about "any other authority," and hinges on whether as an employee you have any authority over the property you work at, and whether a court would construe it that way if you were prosecuted. This is what the employees of H&H in OKC did for years before OC was passed. It is on shakier legal ground than carrying with a NR permit, because it has never been interpreted by a Court... and while it says "any other authority," and would seem to apply to anyone who the property owner has delegated any authority to whatsoever, it is certainly possible that the Court of Criminal Appeals could draw a stricter interpretation.

Your best bet is the NR route. CC carries a strong tactical advantage over OC, and would make it less likely for you to get crossways with the legal system again.