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Not At My Table - Political Discussions => Local & State Politics => Topic started by: Hoss on October 21, 2012, 07:41:15 am



Title: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 07:41:15 am
Since open carry for the Oklahoma SDA (Self Defense Act) goes into effect on Nov 1, and I know we have several on here (myself included) who are SDA license holders, I thought I'd pose this question.  Even if you aren't a permit holder, please answer "Don't have a permit".  If you plan on getting a permit, I have two options for you there as well.

My answer is NO.  Only thing the law will do for me will be that if my weapon is somehow exposed, I won't be cited for it on Nov 1.

I'd like to hear any of your reasons why you will or won't.

Thanks.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on October 21, 2012, 08:40:22 am
I'll let someone else be the "first target" in a bad scenario.  Prefer to "lurk in the weeds" and keep it a surprise if needed.


Let the wild west begin!!    (Satire people...!!)





Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on October 21, 2012, 10:00:34 am
Serious question:

Openly carrying a firearm in a holster wasn't specifically against the law until it was "legalized" was it?

So what we see as the giving of a new privilege, is actually a taking...   
More like a back-door gun registration?


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 10:19:24 am
Serious question:

Openly carrying a firearm in a holster wasn't specifically against the law until it was "legalized" was it?

So what we see as the giving of a new privilege, is actually a taking...   
More like a back-door gun registration?

Not really.  You can get an SDA permit without owning a firearm.  You also don't have to provide your gun serial numbers when you obtain a SDA license.  No gun registration in Oklahoma that I'm aware of, although if you buy a firearm through a reputable vendor, then there is record of the sale.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on October 21, 2012, 10:24:03 am
Not really.  You can get an SDA permit without owning a firearm.  You also don't have to provide your gun serial numbers when you obtain a SDA license.  No gun registration in Oklahoma that I'm aware of, although if you buy a firearm through a reputable vendor, then there is record of the sale.

How does SDA differ from Concealed or Open carry?
Maybe I was mislead, but I understood your CC permit had to specifically list any firearm you intend to carry under it.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 11:09:08 am
How does SDA differ from Concealed or Open carry?
Maybe I was mislead, but I understood your CC permit had to specifically list any firearm you intend to carry under it.

SDA=Concealed Carry.  SDA stands for Oklahoma Self Defense Act, the law you must be familiar with in order to obtain your license.  If you have a Concealed Carry license now you can open carry beginning Nov 1.

And the only firearm it lists on it is type.

Three types are offered.  Semi-automatic, revolver and derringer.  If you request a semi-automatic type license you are covered for all three types.  If you request a revolver, you cannot carry a semi, just a revolver or a derringer.  Derringer, just the derringer is allowed.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 11:10:57 am
I'll let someone else be the "first target" in a bad scenario.  Prefer to "lurk in the weeds" and keep it a surprise if needed.


Let the wild west begin!!    (Satire people...!!)





I used that phrase in my SDA class back in July and my instructor wasn't amused.   :o


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Teatownclown on October 21, 2012, 11:17:29 am
Can't wait. Now I'll Be able to join the TNF lunches... ;)


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on October 21, 2012, 11:22:37 am
I used that phrase in my SDA class back in July and my instructor wasn't amused.   :o


Mine was an OKC lawyer whose last comment to us was, "go forth and kill carefully..."


I hope to never again be in a position where I am driven to use deadly force.  Makes my stomach churn just thinking about it.  Won't stop me, but makes my stomach churn....




Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: BKDotCom on October 21, 2012, 12:26:20 pm

My answer is NO.  Only thing the law will do for me will be that if my weapon is somehow exposed, I won't be cited for it on Nov 1.

Thanks.

Buzz.  Wrong.
Completely concealed or completely open.  Those are your two options with the permit.
Half-assed concealed = breaking the law


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 12:30:47 pm
Buzz.  Wrong.
Completely concealed or completely open.  Those are your two options with the permit.
Half-assed concealed = breaking the law

Uh, wrong again.  If somehow my concealed status is breached by a shirt-tail riding up, I won't be breaking the law.  Not quite sure where you get that from.  Because as of right now, my new CCL says 'Oklahoma Handgun License'.

Doesn't say a damned thing about Concealed, Open or a hybrid of the two.

TITLE 21 § 1290.2     DEFINITIONS
A. As used in the Oklahoma Self-Defense Act:
1. “Concealed handgun” means a loaded or unloaded pistol carried hidden from the detection and view of
another person either upon or about the person, in a purse or other container belonging to the person, or
in a vehicle which is operated by the person or in which the person is riding as a passenger;
2. “Unconcealed handgun” means a loaded or unloaded pistol carried upon the person in a belt or shoulder
holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for
carrying firearms that is wholly or partially visible; and

3. Pistol means any derringer, revolver or semiautomatic firearm which:
a. has an overall length of less that sixteen (16) inches,
b. is capable of discharging a projectile composed of any material which may reasonably be expected
to be able to cause lethal injury,
c. is designed to be held and fired by the use of a single hand, and
d. uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile.
B. The definition of pistol for purposes of the Oklahoma Self-Defense Act shall not apply to homemade or imitation
pistols, flare guns, underwater fishing guns or blank pistols


Somehow to me 'wholly or partially concealed' equals 'half assed concealed'.

This is why I wish people would read the statute instead of guessing.   ::)


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on October 21, 2012, 12:56:57 pm
3. Pistol means any derringer, revolver or semiautomatic firearm which:
a. has an overall length of less that sixteen (16) inches,
b. is capable of discharging a projectile composed of any material which may reasonably be expected
to be able to cause lethal injury,
c. is designed to be held and fired by the use of a single hand, and
d. uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile.

The definition seems to include Tasers, C02 BB guns, and repro guns used for stage or film.  Maybe overly-broad.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on October 21, 2012, 01:59:13 pm

This is why I wish people would read the statute instead of guessing.   ::)




Once in a while ya gotta love the Oklahoma legislature - NOT very often, but just once in a great while, they get dangerously close to doing something correctly.  This may be one of those things...will have to see.

That's very close to one of my rants about people not knowing history, and then just mouthing the words they hear from a talk radio entity.  It is stunning how easy it is to find overwhelming information about practically everything - yeah, a lot of it bogus, but easy to find that out, too, most of the time.



Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: custosnox on October 21, 2012, 04:42:23 pm
Serious question:

Openly carrying a firearm in a holster wasn't specifically against the law until it was "legalized" was it?

So what we see as the giving of a new privilege, is actually a taking...   
More like a back-door gun registration?
Actually, openly carrying a firearm was only allowed under specific circumstances before (outside of the law enforcement community). Essentially, if you were going to the range or class or something similar you could carry it visible, albeit unloaded. 

I have had to let my licence lapse this last week because I it was either that or bills, guess which won.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 05:51:06 pm
Actually, openly carrying a firearm was only allowed under specific circumstances before (outside of the law enforcement community). Essentially, if you were going to the range or class or something similar you could carry it visible, albeit unloaded. 

I have had to let my licence lapse this last week because I it was either that or bills, guess which won.

Still doesn't keep you from carrying legally open or concealed as long as you are on your own property.  Step outside of that, then yes, you cannot.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: BKDotCom on October 21, 2012, 06:57:11 pm
Uh, wrong again.  If somehow my concealed status is breached by a shirt-tail riding up, I won't be breaking the law.  Not quite sure where you get that from.  Because as of right now, my new CCL says 'Oklahoma Handgun License'.

Doesn't say a damned thing about Concealed, Open or a hybrid of the two.
............
This is why I wish people would read the statute instead of guessing.   ::)

My bad.  someone else had told me that..  I blame them.     (I have thoroughly read the non-open version of the SDA)
All I know is I have zero intention of openly carrying.    What is the mindset of someone that wishes to openly carry?


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 07:11:15 pm
My bad.  someone else had told me that..  I blame them.     (I have thoroughly read the non-open version of the SDA)
All I know is I have zero intention of openly carrying.    What is the mindset of someone that wishes to openly carry?

Not a problem.  Always better to read the law (I know, it's long winded but it was required) than to let someone inform you incorrectly.

And for me, I have zero intention of carrying fully open.  As I said, I am a bit bigger dude, and either way (thinner or thicker) I'm not a big fan in IWB carry, so right now I have a Fobus paddle for the XD .45.  That thing is large though (I have the 4" Service model) and difficult to wear unless you use a paddle.  It sits high and I wear it small of the back.  I have a smaller weapon on order though that will be my primary carry piece and the .45 will be my desk drawer piece.

It just makes it where LEO can't cite you for non-concealment if you have a 'wardrobe malfunction'.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on October 21, 2012, 07:48:04 pm

What is the mindset of someone that wishes to openly carry?


Texan.



Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on October 21, 2012, 08:05:58 pm
Doing a little digging, I found the exemption for Living History and historical reenactments:

TITLE 21 § 1272 UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded... , except this section shall not prohibit:
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
...
5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, living history reenactment means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.


If there's an exemption for motion picture or television production, I havent found it yet.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Is there a more up-to-date link than this?


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 21, 2012, 08:10:32 pm
Doing a little digging, I found the exemption for Living History and historical reenactments:

TITLE 21 § 1272 UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded... , except this section shall not prohibit:
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
...
5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, living history reenactment means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.


If there's an exemption for motion picture or television production, I havent found it yet.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

Is there a more up-to-date link than this?

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2012.pdf

This link includes the changes made by SB1733


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on October 21, 2012, 08:12:29 pm
Sounds like we could have gotten a couple of 1930's cars, some zoot suits, a couple of tommy guns and done a Chicago gangland style hit re-enactment in downtown Tulsa after all....  lost opportunity!!



Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: custosnox on October 21, 2012, 09:19:35 pm
Still doesn't keep you from carrying legally open or concealed as long as you are on your own property.  Step outside of that, then yes, you cannot.
well, obviously things are a whole different story on your own property, but that's not what this discussion is about. 

I am happy to discover that I have a 30 grace period on my license before I have to stop carrying, so I might be okay.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Red Arrow on October 21, 2012, 09:46:46 pm
well, obviously things are a whole different story on your own property, but that's not what this discussion is about. 

I am happy to discover that I have a 30 grace period on my license before I have to stop carrying, so I might be okay.

What does the license cost?


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: custosnox on October 21, 2012, 10:54:21 pm
What does the license cost?
To renew 85 for 5 years.  The initial cost was more.  I don't remember what the license cost was, but there was the additional costs of the class and background checks.  I think there might have been some other various fees, but I don't remember for sure.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: BKDotCom on October 22, 2012, 05:39:49 am
To renew 85 for 5 years.  The initial cost was more.  I don't remember what the license cost was, but there was the additional costs of the class and background checks.  I think there might have been some other various fees, but I don't remember for sure.

Can anyone say what the law says about carrying (openly or concealed) into a business with a no-guns sign posted.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 22, 2012, 05:55:14 am
Now if anyone say what the law says about carrying (openly or concealed) into a business with a no-guns sign posted.

Businesses CAN restrict if you carry open or concealed, but there's no law you'd be breaking outside of trespassing.  You can enter the business, but if mgmt asks you to leave and you refuse, you'd be guilty of trespassing at the worst.  The signs really have no legal status in Oklahoma is my understanding.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 22, 2012, 05:56:13 am
To renew 85 for 5 years.  The initial cost was more.  I don't remember what the license cost was, but there was the additional costs of the class and background checks.  I think there might have been some other various fees, but I don't remember for sure.

There is a 10 year option (which I chose) initially for 200; renewal is 170


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: BKDotCom on October 22, 2012, 06:33:52 am
Businesses CAN restrict if you carry open or concealed, but there's no law you'd be breaking outside of trespassing.  You can enter the business, but if mgmt asks you to leave and you refuse, you'd be guilty of trespassing at the worst.  The signs really have no legal status in Oklahoma is my understanding.
That's what I've always heard, and that's what makes sense.  Just haven't seen anything official (or know what would apply)
 


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on October 22, 2012, 07:43:09 am
Businesses CAN restrict if you carry open or concealed, but there's no law you'd be breaking outside of trespassing.  You can enter the business, but if mgmt asks you to leave and you refuse, you'd be guilty of trespassing at the worst.  The signs really have no legal status in Oklahoma is my understanding.


Fine from $100 to 250 for first offense, plus 30 - 90 days in jail.  License suspended for 6 months, with $50 reinstatement fee.

Title 21  Section 1276.

There are lots of other conditions, but section 1272 seems to apply the most....





Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 22, 2012, 07:50:49 am

Fine from $100 to 250 for first offense, plus 30 - 90 days in jail.  License suspended for 6 months, with $50 reinstatement fee.

Title 21  Section 1276.

There are lots of other conditions, but section 1272 seems to apply the most....





But  1272 states the following:
Quote
2. The carrying or use of weapons in a manner otherwise permitted by
   statute or authorized by the Oklahoma Self-Defense Act, Section 1290.1
   et seq. of this title; or

So you need to loop back around.

Again, you cannot get your license suspended for trespassing as a result of having a firearm when you are asking by a business to leave.  Certain facitlities?  Yes.  Including arenas during sports events, and any federal, state, county or municipal building.  I've gone round and round with several people knowing the law and with my instructor in July.  You can be fined as per the statute allows for trespassing, is my understanding.

If you don't complay, do so at your peril.  I just refrain from giving those places my business now.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Conan71 on October 22, 2012, 10:30:59 am
Pretty simple: don't carry concealed or open into a posted public facility such as an arena or government building. 



Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: tulsa_fan on October 22, 2012, 11:08:50 am
So this officer form Bixby seems to believe an officer can only request to see the permit when they are responding to a crime . . . . I don't think that's what the statute says and it concerns me he is planning to educate other officers.  I know you guys read all the detail way more than me, so am I missing something?   Mostly it bugs me because people read this and then think they can argue with an officer about showing their permit . . . then things will get ugly fast. 

http://www.krmg.com/news/news/local/officer-believes-education-key-open-carry-law/nSjc7/

(Section 1290.8.B) “The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand.”




Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 22, 2012, 02:31:16 pm
So this officer form Bixby seems to believe an officer can only request to see the permit when they are responding to a crime . . . . I don't think that's what the statute says and it concerns me he is planning to educate other officers.  I know you guys read all the detail way more than me, so am I missing something?   Mostly it bugs me because people read this and then think they can argue with an officer about showing their permit . . . then things will get ugly fast. 

http://www.krmg.com/news/news/local/officer-believes-education-key-open-carry-law/nSjc7/

(Section 1290.8.B) “The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand.”





He'd best get to reading the statute then...


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Conan71 on October 22, 2012, 02:38:55 pm
A point my instructor made was that LEO's are some of the worst at understanding the SDA.  Interpretation can vary from one to another.  To me, there's not a whole lot open to interpretation.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: custosnox on October 22, 2012, 02:49:37 pm
LEO's can request to see your license at any point when they have reason to believe you are carrying, which should be as soon as you have contact with them since you are required to inform them at that point if you are carrying.  I have also found that when you inform them, it's best to inform them by handing them the license, they get kind of jumpy when you tell them you are carrying and then you go for your wallet.  What they cannot do, however, is take the gun for any reason unless you have committed a crime or are suspected of committing a crime.  To date I've only had one officer take my gun, and that was the first time I had contact with one and I told them I had the gun before getting out the license, he held onto it while I got the license then returned it.  Not really legal on his part, but I understand his hesitation at that point in time and it didn't hurt me any to give it up for a second while he verified, besides, it gave me a chance to show off my Desert Eagle (he was impressed). The only other flack I've gotten over it is when I was a witness for an accident and I informed the officer of it and he asked me where my car was.  I'm assuming he was about to tell me to put it in there, at which point I probably would have refused, but since I was parked a mile away he dropped it.  I know a lot of people with PI license will carry open, particularly in the bonds business, and I have considered getting mine because of the increasaed flexibility in carry, especially if I ever go back into bounty hunting.  For now, though, the open carry gives me the option to carry more since it's really a pain to carry a DE concealed.  Or take off my jacket when wearing a shoulder holster if it gets warmer than anticipated. 


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: BKDotCom on October 30, 2012, 06:05:22 pm
Been noticing new "no guns" signs being posted at businesses all over the place.
Is there any place that doesn't have one posted now?
<sarcasm>Thank you new law</sarcasm>.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on October 30, 2012, 07:56:19 pm
Been noticing new "no guns" signs being posted at businesses all over the place.
Is there any place that doesn't have one posted now?
<sarcasm>Thank you new law</sarcasm>.

Reasor's was going to until quite a few proponents of the law got verbal and told Reasor's management they no longer had their business if they did so.  There are only about 140,000 license holders currently.  I bet just a small percentage of those will open carry.

As I've said for my purpose, all it does is keeps me from worrying if someone can discern if I'm carrying or not, whether I'm printing or my firearm on my belt is exposed when I don't expect it to be.  I have no intention of walking around with my gun on full display.  For me, it kind of defeats the purpose.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Gaspar on October 31, 2012, 03:14:23 pm
Cmon.  It's a new way to accessorize.
(http://trigger.myfuturewebsite.biz/uploads/image_gun_coltgold.jpg)
(http://gucciwolf.com/wp-content/uploads/2012/06/diamondguns.jpg)

I'm thinking about holstering a a ray-gun just to screw with people.
(http://www.redhotgear.com/images/raygun-belt-buckle.jpg)


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on October 31, 2012, 06:37:04 pm
Cmon.  It's a new way to accessorize.

I'm thinking about holstering a a ray-gun just to screw with people.



First two are just pimp guns.

Ray gun might be fun - I like the one the guys had in Men in Black.



Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Teatownclown on November 03, 2012, 11:41:57 am
Quote
Editorial
 
Oklahomans Packing Heat
 
Published: November 2, 2012
http://www.nytimes.com/2012/11/03/opinion/oklahomans-unconceal-their-loaded-handguns.html?nl=todaysheadlines&adxnnl=1&emc=edit_th_20121103&adxnnlx=1351961271-TDQhxfkU9N5jHj1YypG0jQ&_r=0
Two dozen men with guns entered an Oklahoma City diner promptly at midnight on Wednesday, intent on inaugurating a pernicious new law allowing the state’s 142,000 citizens with concealed-handgun licenses to begin wearing their loaded weapons publicly. “I just feel more secure and safe,” Joe Wood, an aircraft mechanic, told The Oklahoman newspaper, his Taurus PT145 pistol ready for action against any sudden attack by the eggs and burgers.

Other Oklahomans’ sense of security and safety was not on the midnight menu, though law enforcement officials made their objections clear when “open carry” was signed into law in May by Gov. Mary Fallin, a Republican. A previous version was vetoed in 2010 by Gov. Brad Henry, a Democrat, over such questions as how to sort out licit gun wielders from perpetrators at a crime scene.

Statehouse proponents, ever obeisant to the gun lobby, contend that anyone with a handgun license has to pass a strict state check of criminal and mental health records. The dangerous loophole here is that Oklahoma is grossly delinquent in such oversight, submitting fewer than four cases last year to the federal mental health watch list.

Oklahoma is the place where “going postal” became an unfortunate American cliché a generation ago after 14 co-workers were shot dead by a postal worker who then killed himself. It is the 15th state to legalize open carry on the fatuous promise that public safety will be enhanced. The only obvious purpose is to allow macho gun enthusiasts — not true sportsmen — to display the intimidating power of the gun before the rest of the public, as was the case two years ago when protesters showed up at political gatherings with holstered weapons.

Business owners are in a muddle over whether to exercise their right under the new law to put up polite “no guns allowed” signs for the sake of the family crowd, or to allow guns at the table, plain as salt and pepper shakers. The law proclaims that inebriated people must never strap on their guns. But even the owner of the diner where open carry was inaugurated wonders about that one. “What it is that scares me is Fridays, Saturdays, the bar crowd — people come sometimes drunk,” Renee Masoudy, the owner, said.


You do realize that this type of publicity inhibits economic base expansion....


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 03, 2012, 12:07:15 pm

You do realize that this type of publicity inhibits economic base expansion....


How about the other 44 states that allow it?


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Teatownclown on November 03, 2012, 12:16:01 pm
How about the other 44 states that allow it?

44? 14 maybe.... I don't care about them....they're not lacking in education, health and general population welfare.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 03, 2012, 12:59:52 pm
44? 14 maybe.... I don't care about them....they're not lacking in education, health and general population welfare.

44...try again.

http://en.wikipedia.org/wiki/Open_carry_in_the_United_States


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on November 03, 2012, 04:05:08 pm
21 people made a statement by 'voting'.  It is very likely the same who post on this forum.  I know there are others reading, but not posting.  I would guess we are bullying the rest of them out of the way - or offending them out of the way....



Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on November 14, 2012, 02:11:18 pm
Here's a puzzle:
A man visiting his doctor at St. John Medical Center had a derringer that fell out of his jacket and discharge.
TPD confiscates his CC permit with the intent of having OSBI revoke it, ostensibly on the grounds that the hospital has signs forbidding guns.

http://www.fox23.com/news/local/story/Gun-discharges-at-St-John-Medical-Center/cLbsZNYGsEq6JhdVtN5eAQ.cspx

But the law doesnt forbid carrying in a non-government building just because they have signs posted.  My understanding is they can ask you to leave, and file a trespassing complaint if you dont.
Is there more to this, or did TPD jump the gun (so to speak)?


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 14, 2012, 02:44:02 pm
Here's a puzzle:
A man visiting his doctor at St. John Medical Center had a derringer that fell out of his jacket and discharge.
TPD confiscates his CC permit with the intent of having OSBI revoke it, ostensibly on the grounds that the hospital has signs forbidding guns.

http://www.fox23.com/news/local/story/Gun-discharges-at-St-John-Medical-Center/cLbsZNYGsEq6JhdVtN5eAQ.cspx

But the law doesnt forbid carrying in a non-government building just because they have signs posted.  My understanding is they can ask you to leave, and file a trespassing complaint if you dont.
Is there more to this, or did TPD jump the gun (so to speak)?

He wasn't carrying repsonsibly (i.e., the derringer falling out and discharging).  The TPD is well within their rights to submit this to the OSBI, but if any action were to happen, I'd think it would likely be a 3 month suspension of his carry privileges.  It has nothing to do with the no gun sign, as it's not binding, and works in the manner you stated.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Conan71 on November 14, 2012, 02:49:32 pm
What Hoss said.

It's reckless handling of his firearm and that is a condition by which you can lose your handgun license.

So far, I've not seen anyone carrying open other than a news story about a group who met at a BBQ place up in Owasso when the law went into affect.  My in-laws who live in a rural part of Oklahoma have yet to see anyone carrying either.

I suspect most people with a handgun license don't consider it a necessary accessory to whatever outfit they are wearing.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Gaspar on November 14, 2012, 02:50:56 pm
Here's a puzzle:
A man visiting his doctor at St. John Medical Center had a derringer that fell out of his jacket and discharge.
TPD confiscates his CC permit with the intent of having OSBI revoke it, ostensibly on the grounds that the hospital has signs forbidding guns.

http://www.fox23.com/news/local/story/Gun-discharges-at-St-John-Medical-Center/cLbsZNYGsEq6JhdVtN5eAQ.cspx

But the law doesnt forbid carrying in a non-government building just because they have signs posted.  My understanding is they can ask you to leave, and file a trespassing complaint if you dont.
Is there more to this, or did TPD jump the gun (so to speak)?

I suspect a sign is adequate notification.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 14, 2012, 03:23:31 pm
I suspect a sign is adequate notification.

The sign IS adequate notification and actually, not even required if a business owner wishes to restrict anyone from carrying a gun by asking them to leave.  However, there are no statutes on the books that I'm aware of that allows an LEO to cite an SDA licensee for carrying a firearm in a business where it's posted they want no firearms outside of those facilities restricted in the SDA law (i.e. gubmint facilities).  The worse that can happen is that the owner/manager of the establishment can ask the person/persons to leave, if those subjects decline, then they're guilty of trespass if the owner/manager wished to press charges.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 14, 2012, 03:25:44 pm
What Hoss said.

It's reckless handling of his firearm and that is a condition by which you can lose your handgun license.

So far, I've not seen anyone carrying open other than a news story about a group who met at a BBQ place up in Owasso when the law went into affect.  My in-laws who live in a rural part of Oklahoma have yet to see anyone carrying either.

I suspect most people with a handgun license don't consider it a necessary accessory to whatever outfit they are wearing.

Actually...


I went to lunch last Friday with several co-workers at Osaka's on 81st and witnessed my first open carrier.  Guy came in about 30 minutes after we started eating; he was wearing a pretty nice looking Smith 1911.  Quite open.  No one said anything.  He was not given any grief.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on November 14, 2012, 05:40:21 pm
there are no statutes on the books that I'm aware of that allows an LEO to cite an SDA licensee for carrying a firearm in a business where it's posted they want no firearms outside of those facilities restricted in the SDA law (i.e. gubmint facilities).

Seems a sticking point is that some people believe that a door decal is law, when (as Conan correctly pointed out) the reckless handling should be whats actionable.
Was someone other than the state confiscating his license proper, though?


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: custosnox on November 15, 2012, 12:09:58 pm
Here's a puzzle:
A man visiting his doctor at St. John Medical Center had a derringer that fell out of his jacket and discharge.
TPD confiscates his CC permit with the intent of having OSBI revoke it, ostensibly on the grounds that the hospital has signs forbidding guns.

http://www.fox23.com/news/local/story/Gun-discharges-at-St-John-Medical-Center/cLbsZNYGsEq6JhdVtN5eAQ.cspx

But the law doesnt forbid carrying in a non-government building just because they have signs posted.  My understanding is they can ask you to leave, and file a trespassing complaint if you dont.
Is there more to this, or did TPD jump the gun (so to speak)?
I don't think that TPD has the authority to confiscate a CC permit.  I can't remember about the sign issue though.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Conan71 on November 15, 2012, 07:22:06 pm
I don't think that TPD has the authority to confiscate a CC permit.  I can't remember about the sign issue though.

IIRC, local authorities can take the permit and gun after such an incident as this accidental discharge and turn it over to OSBI, and ultimately the OSBI determines if they will return it or revoke it.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 15, 2012, 07:35:14 pm
IIRC, local authorities can take the permit and gun after such an incident as this accidental discharge and turn it over to OSBI, and ultimately the OSBI determines if they will return it or revoke it.

Correct.  The OSBI can return it if they deem nothing was done wrong.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: heironymouspasparagus on November 16, 2012, 07:20:01 am
Side note - have friends in different part of state who are now members of the CC club due to some violence earlier in the year.  The BIG news on this is the continued gross incompetence of the OSBI....and the Oklahoma County DA office.  Just as bad as Tim Harris with violent crimes.  They have LOST the evidence for what I consider to be a fairly serious criminal act.  The rape kit is gone.  The bullets are gone.  Various other pieces of evidence (clothing, etc) are gone.  The OSBI has "turned their place upside down" over the last two months looking for this stuff.  It ain't there.

I think we can all rest easier tonight knowing we have Oklahoma law enforcement investigative powers standing watch over our safety....


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Ed W on November 16, 2012, 08:01:02 am
Seems a sticking point is that some people believe that a door decal is law, when (as Conan correctly pointed out) the reckless handling should be whats actionable.


I think the door decal is an indication that the property owner doesn't want any guns on his premises.  We still respect private property, don't we?  If someone with a firearm chooses to ignore the owner's prohibition, he can be arrested for trespassing.

A local mall security guard approached a customer who was openly carrying a pistol.  He told the customer that guns were not permitted in the mall.  The man said he was looking for his ex-girlfriend, and when the security guard said he couldn't help with that, the guy replied with "Then I'll have to shoot you first." He put his hand on the butt of the gun and the security guard slammed into him, wrestling him to the ground before disarming him.  He held the pistol on the man while two other security guards cuffed him.  It turned out that the guy didn't have a CCW permit and had been making death threats against his former girlfriend, her new boyfriend, and the man's son.  TPD showed up in record time and the customer became their guest at a facility downtown.

I don't have any problem with people carrying guns, unless they're stupid people with guns.  And the stupid people category includes everyone except me.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: BKDotCom on November 16, 2012, 08:31:40 am
If someone with a firearm chooses to ignore the owner's prohibition, he can be arrested for trespassing.

I think the question most people have is:
  Does trespassing with a gun when a no-guns sign is posted carry a stiffer penalty than trespassing with a beverage when a no food/drink sign is posted?

Because... things would have to escalate something crazy for the police to get involved in a beverage infraction.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 16, 2012, 08:44:32 am
I think the question most people have is:
  Does trespassing with a gun when a no-guns sign is posted carry a stiffer penalty than trespassing with a beverage when a no food/drink sign is posted?

Because... things would have to escalate something crazy for the police to get involved in a beverage infraction.

Funny...but the answer is no.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Conan71 on November 16, 2012, 08:53:37 am
They can't have you arrested for trespassing.  They can only ask you to leave.  I suppose if you refused to leave then they could call the po-po and file a trespassing complaint for not leaving after being asked to.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: Hoss on November 16, 2012, 08:57:33 am
They can't have you arrested for trespassing.  They can only ask you to leave.  I suppose if you refused to leave then they could call the po-po and file a trespassing complaint for not leaving after being asked to.

Yeah, my mistake.  They can press charges if you refuse to leave after they've asked you leave.  I wouldn't believe it would be any more or less harsh than if you were asked to remove yourself from a property for another reason than carrying a firearm.

That was what I was trying to get across.

Still working on cup one of coffee this morning.   ;D


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on November 16, 2012, 10:43:05 am
They can't have you arrested for trespassing.  They can only ask you to leave.  I suppose if you refused to leave then they could call the po-po and file a trespassing complaint for not leaving after being asked to.

My understanding, as well.  A security guard couldn't "hold" you just for trespassing, as that would be false imprisonment.


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: BKDotCom on February 13, 2013, 01:17:39 pm
Been noticing new "no guns" signs being posted at businesses all over the place.
Is there any place that doesn't have one posted now?
<sarcasm>Thank you new law</sarcasm>.

It looks like Arvest changed their signage this week.
prior to Nov 1st, 2012:  no posting/signage
Nov 1st 2012 - Feb 10, 2013:  "no guns - Oklahoma banking association"
Feb 11th +:  "No Open Carry"


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: patric on October 28, 2022, 12:01:25 pm
BROKEN ARROW — Police are conducting a homicide investigation in the deaths of eight people found inside a house that burned Thursday in Broken Arrow.
At a press conference Friday morning, Broken Arrow police chief Brandon Berryhill confirmed the deaths of eight people in a Broken Arrow home are being investigated as a murder-suicide.

First responders found two adults, both of which Berryhill called suspects, in the front of the house before finding six juvenile victims ranging in ages from 1 to 13 years old. The children were found in one room in the back of the house, "where the majority of the fire was contained," said Fire Chief Jeremy Moore.

The owner of a Broken Arrow house where eight bodies were found Thursday said it was being rented by a couple and their six kids, a family that neighbors described as mostly secluded, but would play basketball in the driveway and the father would sometimes be seen wearing a firearm.

“The guy he used to walk around with a gun attached to him, even when he was mowing the lawn.”


https://www.oklahoman.com/story/news/2022/10/28/live-coverage-8-found-dead-in-broken-arrow-fire/69599466007/


Title: Re: Oklahoma Open Carry begins Nov. 1st
Post by: dbacksfan 2.0 on October 28, 2022, 09:30:03 pm
From what I've been reading on Tulsa local news, it sounds like it was a murder/suicide. Nothing to do with open carry, CCW laws at all