Open Carry, Rural Landowners And Easements

[AllOut]

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

Ahhh negative...
The only thing you can hunt in Oklahoma without a licenses on your property is Hogs. All other game, your held to the same license and tag requirements as the rest of the state.

 

[Shadowrider]

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.

This is exactly what I was referring to only with regard to federal law (not state law) in the Sullivan thread on school zones last night. A right-of-way is just that. Ownership is a bit different.

O/P: SMS is right on with this and I agree with David2012 too. If you are on a sectional legal description and the county road does in fact set right on top of the section line (sometimes they don't), you PROBABLY do actually own the dirt all the way to the center of the road. So yes, it is your property legally. But I'm betting that very few people will be knowledgeable enough to agree, including LEO and judges. No disrespect to LEOs or judges, but it just seems to be a foregone conclusion to people that the state, county, etc. owns all public roads. Not true, they own the right to construct and maintain them only and they are open for anybody to use. You still own the property and maybe the minerals under it if they are not severed. However I've seen on more than one occasion where a strip intended to be a road easement was actually deeded to a county. Just depends on how it was done on your specific piece of property. This isn't common but I've seen it.

Just go ahead and get your permit or wait until November. If you get pinched you might not ever get one and we do live in some strange times...

 

[greezypete]

Landowners or Tenants

Resident landowners or tenants who hunt only on land owned or leased by them (not including hunting leases) are exempt from the hunting license. Resident landowners who hunt waterfowl and other migratory game birds only on their own property are exempt from the Oklahoma waterfowl license and HIP requirements.



This exerpt was taken from the Oklahoma Wildlife Conservation Web site.

Off subject though , so sorry about that.

On subject..... I open carry on my own property now. deputies understand not liking snakes.

 

[LightningCrash]

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.

From what I've seen, you're both right.

If you have a ranch or a farm, there is often loaded carry related to the operations of the farm/ranch.

 

[Deer Slayer]

I have openly carried loaded weapons on my farm since 1982 with no problems except once. A deputy was driving down the county road and saw my revolver on my hip. He stopped and backed up and asked my why I was armed. I looked at him a little funny and asked him why did it matter to him. He stepped out of the end of the truck so I could see his badge on his belt, I told him I was the land owner, it was hot and I had copperheads om my place and I was carrying to protect the 3 of us from snakes. He said OK and returned to the cab and left.

 

[OV1kenobi]

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.

I am in complete agreement with you regarding CURRENT law, and the specific limitations as applicable to target shooting, defense against predators, etc. I am mostly concerned with Oklahoma law after the first of November.

That is, under the pending laws, will I be able to open carry as a landowner to the utmost boundaries of my property for self defense against predators/threats without a concealed carry permit? And yes, I do plan on acquiring my CCW permit/license as soon as possible.

 

[OV1kenobi]

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.

Can you please clarify your first sentence? What I mean is, it appears by your first sentence that I will be able to carry a loaded pistol, but not just a pistol.

Huh? What does that mean?

As to stepping onto a paved roadway, despite the fact that I may own up to the center of said roadway, I really do not wish to do so without a permit. Just want to maintain the ditch safely.

No, I do not have any desire to be the test case! LOL!

 

[David2012]

Can you please clarify your first sentence? What I mean is, it appears by your first sentence that I will be able to carry a loaded pistol, but not just a pistol.

Huh? What does that mean?

It means you will be able to carry unconcealed & loaded... a pistol, a loaded shotgun or a loaded rifle...on your property w/o a permit. Your original post made it appear you thought you would be limited to open carrying a pistol. I was trying to clarify it for you [just in case you didn't already know that it would include shotguns & rifles too].