Open Carry, Rural Landowners And Easements

[OV1kenobi]

It is my understanding that rural landowners, not having a CCW permit/license may legally open-carry on land they legally own/control.

If so, I believe I fall under that category, being a rural Rogers County landowner outside of any city or town limits. In fact, my area is patrolled ONLY by the Rogers County Sheriff's Department and the Oklahoma Highway Patrol. Because of former financial constraints (recently resolved, thank God!), I do not have a CCW permit/license - although I took the CCW course in 2008, but hope to have my permit/license by the end of the year.

If the above is true, then I am curious about the following scenario:

Without taking one step upon the paved, county/state road that runs in front of my property, will I be able to legally carry a revolver loaded with snake shot while clearing brush, grass and other debris from the drainage ditch that runs along the front of my property without a CCW permit/license?

Is there some sort of easement that goes to a certain depth from the county-maintained road that would technically be under county/state control that would preclude me from openly carrying a weapon for protection against snakes or other predators while clearing the drainage ditch along the front of my property? Or, is that land still under my control as long as I do not step foot upon the road/highway?

Perhaps it would be a good idea to get clarification from Sheriff Walton's office or the Rogers County District Attorney?

Just thought it would be an interesting question to ponder.

Regards,

David

 

[okiebryan]

If the legal description of the property is metes and bounds (from this point, x feet in this direction, etc) then you only own what is inside those boundaries. If your legal is fractional (The SE/4 of the SW/4 of sec 1) then you own to the section line, which is in most cases approximately the center of the road.

 

[OV1kenobi]

If the legal description of the property is metes and bounds (from this point, x feet in this direction, etc) then you only own what is inside those boundaries. If your legal is fractional (The SE/4 of the SW/4 of sec 1) then you own to the section line, which is in most cases approximately the center of the road.

Okiebryan:

The legal description of my property is indeed fractional.

Based upon your definition, might I assume that I may openly carry a weapon without a permit even unto the center of the road while clearing brush and debris? As long as I do not, by technicality, cross the center of the road with a weapon without the permission of the lord, i.e., property owner (pardon my British terminology, for I am originally British) of the adjoining domain?

So, if I understand you correctly, despite the fact that the road is maintained by the county or state, because my domain is fractional, and I technically own to the center of the road, I can legally open carry up to that point. Am I correct in that assumption?

You have raised a very interesting point.

 

[SMS]

It is my understanding that rural landowners, not having a CCW permit/license may legally open-carry on land they legally own/control.

If so, I believe I fall under that category, being a rural Rogers County landowner outside of any city or town limits.
Regards,

David

It is not currently legal for landowners, rural or otherwise, to open carry outdoors on their property for purposes other than those specific exemptions listed in state law. Self defense is not one of those exemptions. Granted, local law enforcement might not bust your chops about it, but it is not legal under state law...that has been tested all the way up to the state's highest courts.

On 1 November that will change of course...so your quest for clarification is a good move. By the time the open carry law comes into effect you can have it all sorted out.

 

[cw821]

I have never known a sheriff that would cite anyone for carrying for protection against snakes and such as you are talking about here. As for the fractional/middle of road thing, maybe technically, but try to dig half of that road up and you'll see how much of it you really own. You can't hunt from a roadway either, so I'd say keep off with protection too until you're licensed.

 

[David2012]

For clarification, just in case you weren't aware.. you will be able to carry a loaded pistol, rifle or shotgun on your property w/o a permit after Nov. 1st.... not just a pistol.

From past experience in trying to get legal clarification on a SDA law.. particularly about inadvertent exposure..... if you call OSBI, they refer you to the local District Attorney or a lawyer. You call the D.A.'s office, they refer you to the OSBI SDA unit or a lawyer. You contact a lawyer, he / she will recommend you contact the OSBI or the District Attorney's office. You contact your local sheriff or police, they recommend you contact the OSBI, D.A.'s office or a attorney... you never get a straight answer. You get the old, 'We can't give out legal advice!" from the law enforcement agencies and the lawyers don't know enough about the gun laws to advise you.

Basically, inside your fence line your OK.. outside your fence line... your in a Grey area. I would think that as long as you are in the ditch that you are responsible for keeping mowed and maintained, your OK.. the adjacent paved or dirt roadway might depend on the individual officer that you are dealing with. I personally wouldn't chance being on the physical roadway...without a permit.

As with many gun laws... we may have to wait on a test case being brought to either a SDA administrative law judge or a district court... and a official decision being issued on the subject.

 

[dennishoddy]

I OC on my farm every day when I'm there.
Coyote season is open year around.
I'm hunting.

 

[rebelracer79]

I OC on my farm every day when I'm there.
Coyote season is open year around.
I'm hunting.

Exactly buy a hunting license and your good to go outside the city limits, but your story won't hold up if your on an atv/truck/tractor

 

[greezypete]

You dont need a hunting license to hunt on your own property.

 

[APeterson]

You dont need a hunting license to hunt on yourt own property.

Not entirely true. Recommend you pull out the state hunting guide.
It covers the specifics as it pertains to Trapping, Migratory Birds, etc.

For OV1kenobis' purposes you would be correct.