Question on Open Carry

[orangevale]

To me the operative words are “the authority and license of another state” and “to continue”. If another state’s license to carry doesn’t authorize open carry how can it continue to authorize open carry in Oklahoma?

Oklahoma’s license to carry will authorize both concealed and unconcealed carry by specifying neither. Most states’ carry licenses will likely specify concealed carry and be mute on open carry. How will an OK LEO know what modes of carry an out of state licensee is authorized to continue except by what the license says on its face?

Please get a lawyer to weigh in on this?

I’m reading this as two separate sentences.

Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid.

Any person entering this state in possession of a firearm authorized for unconcealed carry upon the authority and license of another state is authorized to continue to carry unconcealed firearm and license in this state; provided the license from the other state remains valid.

 

[hrdware]

To me the operative words are “the authority and license of another state” and “to continue”. If another state’s license to carry doesn’t authorize open carry how can it continue to authorize open carry in Oklahoma?

Oklahoma’s license to carry will authorize both concealed and unconcealed carry by specifying neither. Most states’ carry licenses will likely specify concealed carry and be mute on open carry. How will an OK LEO know what modes of carry an out of state licensee is authorized to continue except by what the license says on its face?

Please get a lawyer to weigh in on this?

I’m reading this as two separate sentences.

Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid.

Any person entering this state in possession of a firearm authorized for unconcealed carry upon the authority and license of another state is authorized to continue to carry unconcealed firearm and license in this state; provided the license from the other state remains valid.

It does not say that they must carry as authorized by their state though. Furthermore it does go on to say that the firearm must be carried fully unconcealed or concealed.

But IANAL and professional service may be best in this situation.

With the signing of SB1785, the reciprocity of non-permitting states, does that mean that residents of WA can openly carry in OK since they do not have an open carry permit?

 

[orangevale]

hdware

My brother in California has a license for concealed carry (rural jurisdiction). Open carry is generally illegal in California. My brother does not qualify for any of the exceptions. His license does not address open carry.

How can his license authorize him to continue to carry openly when he was never authorized to carry openly to begin with?

I think your interpretation is probably the intent of the authors, but in my opinion they did a poor job of marking up the existing concealed carry reciprocity language by just inserting “or unconcealed” after every “concealed”.

They could have said; if you have a license from another state to carry a handgun you can carry a handgun in Oklahoma the same manners authorized by Oklahoma Self Defense Act. They didn’t. I think there is ambiguity here revolving around “continue”, and ambiguity is the food of lawyers.

I hope the cognizant Oklahoma authorities come out with a clear position on this prior to 1 Nov, possibly in a bulletin to the LE community.

 

[hrdware]

hdware

My brother in California has a license for concealed carry (rural jurisdiction). Open carry is generally illegal in California. My brother does not qualify for any of the exceptions. His license does not address open carry.

How can his license authorize him to continue to carry openly when he was never authorized to carry openly to begin with?

I think your interpretation is probably the intent of the authors, but in my opinion they did a poor job of marking up the existing concealed carry reciprocity language by just inserting “or unconcealed” after every “concealed”.

They could have said; if you have a license from another state to carry a handgun you can carry a handgun in Oklahoma the same manners authorized by Oklahoma Self Defense Act. They didn’t. I think there is ambiguity here revolving around “continue”, and ambiguity is the food of lawyers.

I hope the cognizant Oklahoma authorities come out with a clear position on this prior to 1 Nov, possibly in a bulletin to the LE community.

I read it as something like this:
...authorized to continue to carry. Either openly or concealed.

 

[berettaman]

You follow the rules of the state you're in.We in OKLA. enjoy open or concealed, in states that require you to conceal to carry,you follow the rules in that state