What Oklahoma law forbids open carry?

[vvvvvvv]

/sigh

We've been over this many times before...

Self-defense is not a legitimate purpose under Oklahoma case-law. Furthermore, under Oklahoma case-law, the RKBA only includes those arms ordinarily carried by militiamen, and is not recognized as absolute (should be fairly evident by the wording used in the Oklahoma Constitution). Also, the SDA is cumulative to and not a replacement for established case-law.

Pierce v. State, 1929 OK CR 91, 42 Okl.Cr. 272, 275 P. 393
State v. Warren, 1998 OK 133, 975 P.2d 900
Gilio v. State, 2001 OK CIV APP 122, 33 P.3d 937

Keep in mind that Pierce also says that you cannot open carry on your private property, either.

 

[spd67]

I say go right ahead and Open Carry and then get back to us and tell us what happens....I think you would have your answer very quickly....and welcome to OSA

 

[Spec ops Grunt]

/sigh

We've been over this many times before...

Self-defense is not a legitimate purpose under Oklahoma case-law. Furthermore, under Oklahoma case-law, the RKBA only includes those arms ordinarily carried by militiamen, and is not recognized as absolute (should be fairly evident by the wording used in the Oklahoma Constitution). Also, the SDA is cumulative to and not a replacement for established case-law.

Pierce v. State, 1929 OK CR 91, 42 Okl.Cr. 272, 275 P. 393
State v. Warren, 1998 OK 133, 975 P.2d 900
Gilio v. State, 2001 OK CIV APP 122, 33 P.3d 937

Keep in mind that Pierce also says that you cannot open carry on your private property, either.

So basically, we have a pretty crappy State Constitution?

 

[Werewolf]

So basically, we have a pretty crappy State Constitution?

For a state with one of the most pro-gun populations in the country - yeah we do.

That said a lot of what's in state law is Jim Crow stuff never repealed and probably never will be repealed. More and more, that Jim Crow law is becoming a favorite way for our elected officials to keep us beer guzzlin' all we wanna do is reproduce and fight rednecks in line.

Open carry has been before the legislature in at least 2 of the past 3 years and maybe all 3. In each year the legislature pulled political tricks to make it look like they were all for it while at the same time making sure it would never pass.

Lots of fudds in OK agin' it. Lots of police chiefs agin' it and lots of everyone else in and out of government that just don't get the part of the 2nd Amendment that says "the right of the people to keep and bear arms shall not be infringed".

 

[dutchwrangler]

Seeking permission of .gov indicates freedom doesn't exist.

 

[flybeech]

I say go right ahead and Open Carry and then get back to us and tell us what happens....I think you would have your answer very quickly....and welcome to OSA

Thanx for the welcome.

I can't afford an army of attorneys to defend myself from a vapor-law that doesn't exist by myself and even if we could, tactically I don't want to make myself the first target in an incident.

I had the opportunity to ask an attorney about the law that forbids OC in Oklahoma and his reply was we live in a police state and the law exists in the same way that the law 'exists' saying we have to waive our 5th Amendment rights when we sign a tax return and pay income taxes on wages. The law exists only because their badge says it does.

 

[vvvvvvv]

I had the opportunity to ask an attorney about the law that forbids OC in Oklahoma and his reply was we live in a police state and the law exists in the same way that the law 'exists' saying we have to waive our 5th Amendment rights when we sign a tax return and pay income taxes on wages. The law exists only because their badge says it does.

...glad he's not mine...

 

[Jefpainthorse]

Michigan law had a similar "loophole" in it for years... it did not say NO... but everybody said it did. For the last 30 years you could go heeled in boonies up North... but if you tried it in Grand Rapids or Detroit Metro... and nice man in a blue shirt would be along smartly.

Those folks rose up in a semi- cohesive manner. They pushed the open carry myth... got the STATE AG to write an opinion a few years ago (hey...we really dont have a law, folks) and then began a education campaign after a few test trials where no OC'ers paid fines or went to the pokey.

You can pretty much carry most anyplace in MI now days without too much hassle because of this effort. Not many do... but it's not illegal and cops won't waste thier time chasing man with gun calls anymore.

 

[vvvvvvv]

Michigan law had a similar "loophole" in it for years...

Oklahoma's alleged loophole has been pretty well plastered over for over 82 years. And a touch-up job to prevent flaking has even recently taken place.

 

[Jefpainthorse]

Oklahoma's alleged loophole has been pretty well plastered over for over 82 years. And a touch-up job to prevent flaking has even recently taken place.

Thats why some of us lobby for Consitutional carry in this state (since we got here, anyway).

In it's infancy OK was a fairly socialist state... deep down, regardless of what many of her children say... it still is.