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The Range
Law & Order
Why do we need new laws for open carry?
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<blockquote data-quote="vvvvvvv" data-source="post: 1302720" data-attributes="member: 5151"><p>Pursuant to 21 O.S. § 1289.13A, it would be illegal to transport a loaded firearm via motor vehicle without a permit, so it would be very difficult to get from place to place.</p><p></p><p>Additionally, the term "legitimate" throws a monkey wrench into the whole deal.</p><p></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=38162" target="_blank"><em>Pierce v. State</em> (1929 OK CR 91, 42 Okl.Cr. 272, 275 P. 393)</a> held that "protection from attack and robbery [is] no defense in prosecution for carrying weapon." On page 277, the Court also noted that the State Constitution does not offer a defense against such offense and explicitly allows the regulation by statute of that right.</p><p></p><p>Additionally, only 21 O.S. § 1290 is part of the Oklahoma Self Defense Act. The part bolded in § 1290.25 does not apply to § 1272 or § 1289.</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 1302720, member: 5151"] Pursuant to 21 O.S. § 1289.13A, it would be illegal to transport a loaded firearm via motor vehicle without a permit, so it would be very difficult to get from place to place. Additionally, the term "legitimate" throws a monkey wrench into the whole deal. [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=38162"][I]Pierce v. State[/I] (1929 OK CR 91, 42 Okl.Cr. 272, 275 P. 393)[/URL] held that "protection from attack and robbery [is] no defense in prosecution for carrying weapon." On page 277, the Court also noted that the State Constitution does not offer a defense against such offense and explicitly allows the regulation by statute of that right. Additionally, only 21 O.S. § 1290 is part of the Oklahoma Self Defense Act. The part bolded in § 1290.25 does not apply to § 1272 or § 1289. [/QUOTE]
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