Oklahoma Carry Question

Oklahoma Carry Question

This is a discussion on Oklahoma Carry Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; At Handgunlaw.us it says that I can carry at a rest area; but if I need to use the facilities, then I cannot. Road Side ...

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Thread: Oklahoma Carry Question

  1. #1
    Member Array bigdogtx's Avatar
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    Oklahoma Carry Question

    At Handgunlaw.us it says that I can carry at a rest area; but if I need to use the facilities, then I cannot.

    Road Side Rest Areas: YES 21-1277. But not in buildings.
    Any idea what their reasoning is/was? Guess I may have to use a tree....


  2. #2
    Member Array flydoc's Avatar
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    21-1277.

    UNLAWFUL CARRY IN CERTAIN PLACES

    A. It shall be unlawful for any person in possession of a valid
    concealed handgun license issued pursuant to the provisions of the
    Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, to
    carry any concealed handgun into any of the following places:

    1. Any structure, building, or office space which is owned or leased
    by a city, town, county, state, or federal governmental authority for
    the purpose of conducting business with the public;


    B. For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this
    section, the prohibited place does not include and specifically
    excludes the following property:

    d. any property designated by a city, town, county, or state,
    governmental authority as a park, recreational area, or fairgrounds;
    provided nothing in this subparagraph shall be construed to authorize
    any entry by a person in possession of a concealed handgun into any
    structure, building, or office space which is specifically prohibited
    by the provisions of subsection A of this section.


    I don't know the answer, I will ask tomorrow. But, you can't carry into a building that conducts business with the public. I'm not sure if a rest area restroom is considered conducting business or not.

  3. #3
    Senior Member Array sdprof's Avatar
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    Unless there's a restroom attendant, I don't think any government business is being conducted there.

    Well, on the other hand, considering the state of much government these days, what you leave behind could be relevant.
    Rock and Glock likes this.
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  4. #4
    Member Array flydoc's Avatar
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    I asked one of the SDA instructors who is also one of the CLEET instructors at the police acadmey and he said restrooms at reststops were fine to carry in since they are not for conducting business.

  5. #5
    Distinguished Member Array GunGeezer's Avatar
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    My guess would be that the rest area being on the interstate highway and the building is considered federal property since it was probably built with matching federal funds. As to doing business, it's pretty much what I do in a rest area facility.(my business)

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    VIP Member Array Eagleks's Avatar
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    They were "posting" the bathrooms on Ks Hwy's, but don't know if they still are. Seemed really stupid....
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

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    Member Array bigdogtx's Avatar
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    Quote Originally Posted by flydoc View Post
    I asked one of the SDA instructors who is also one of the CLEET instructors at the police acadmey and he said restrooms at reststops were fine to carry in since they are not for conducting business.
    Wonder where handgunlaw got their info that it was not allowed???

  8. #8
    VIP Member Array paaiyan's Avatar
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    Quote Originally Posted by bigdogtx View Post
    Wonder where handgunlaw got their info that it was not allowed???
    Handgunlaw also says that signs in OK have the weight of law, but that's not strictly true. They have to look at laws for all 50 states, so it's not unimaginable that they might draw the incorrect conclusion about something.
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    Senior Member Array Gary Slider's Avatar
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    The part on Buildings off Limits comes from the law cited and the OK Highway Patrol who also told me they were off limits. As for conducting does OK have welcome centers on the Interstates. Most other states do and those have state workers inside. They would fall under the law. Now for a rest area with no workers present????? But I went with the law and confirmation from the OK HP. Not saying the person I talked to in the OK HP gave the correct answer but we will always err on the side of caution.
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  10. #10
    Member Array Maverick7340's Avatar
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    Concealed in concealed. No one is going to frisk you in the bathroom (unless you pay them first)
    Courage is being scared to death - but saddling up anyway.

    John Wayne

  11. #11
    Ex Member Array Ram Rod's Avatar
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    Contact your issuing authority (OSBI) for the best information. I just read page 18 of your state laws (PDF) regarding places allowed/not allowed and postings.

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    Member Array reade's Avatar
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    Quote Originally Posted by Maverick7340 View Post
    Concealed in concealed. No one is going to frisk you in the bathroom (unless you pay them first)
    As I was reading this it crossed my mind what would be the only "business" conducted in the restroom and it would be illegal as well.

  13. #13
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    Quote Originally Posted by paaiyan View Post
    Handgunlaw also says that signs in OK have the weight of law, but that's not strictly true.
    How so, Sir? Just curious. Thanks!


    The tyrant dies and his rule is over, the martyr dies and his rule begins. ― The Journals of Kierkegaard

  14. #14
    VIP Member Array paaiyan's Avatar
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    Quote Originally Posted by Rock and Glock View Post
    How so, Sir? Just curious. Thanks!
    As I understand it and have been told by lawyers here, it allows business owners to control the presence of weapons, yes. But the section of the law which gives them that permission does not proscribe a punishment for failing to abide by their rules should they choose to put up a sign. Effectively, carrying into an establishment with a sign prohibiting such is no different than sneaking candy into a movie theater.
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  15. #15
    Senior Member Array Gary Slider's Avatar
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    I put the No Gun Signs Information on each states page because I was ask that question many times. I also knew that there were going to be some states it would be very difficult to find information on. The states that have sign laws just for Concealed Carry made it easy like Texas. But some states I still carry as ????? as I can't find anything for sure. Then there are states like Michigan and Oklahoma. I have lawyers in Michigan stating it both ways. They do have the force of law and that they don't have the force of law. States without laws go by their trespass laws.

    In most states the Trespass laws cover different items. Posting acreage laws like farms etc is different than posting a business. It all boils down to a farmers property is not open to the public while a business is open to the public and they want you to come in. Then case law plays a huge part. I talked to as many people as I could and if there was any doubt I erred on the side of caution. I don't want to get someone arrested and maybe lose their gun rights. There is also a thread on Oklahoma Shooters Places that are off limits for CCW? that goes into No Gun Signs in OK. It is very long and signs don't come up till well into the Thread but different sources to the posted had different views on the subject. Some quoted lawyers etc.

    It is tough to find answers to this question. Even if a state has a law that does state that it is breaking the law by going by it the Officer still has a lot of discretion on how to handle it and may just ask them to leave. While in other states they have to ask you to leave. I wish I had the definitive answer but laws are written gray and in many instances there is not one answer to fit every case.
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    Gary Slider

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