Oklahoma Laws

This is a discussion on Oklahoma Laws within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The business owners right's law came to be when a company searched their employees cars in the parking lot and everyone who had a firearm ...

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Thread: Oklahoma Laws

  1. #16
    Member Array Maverick7340's Avatar
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    The business owners right's law came to be when a company searched their employees cars in the parking lot and everyone who had a firearm in their car was fired. Those that wouldn't allow them to search their cars were fired.

    Now if you reread the law with that in mind you will see that the law says:

    TITLE 21 § 1290.22. Business owner’s rights
    BUSINESS OWNER’S RIGHTS
    A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.
    B. No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.

    As you can see it doesn't allow a company to make a policy that would prevent a person from locking their gun up in their car.

    If you still think you can't carry in a posted business that isn't a government building or school, then good luck to you. I'll be the one defending my loved one while yours is hiding in the corner hoping I stop the BG before they get to you.

    Concealed means concealed. I am a law abiding person if I conceal carry anywhere except government building and schools.

    The only way a jury will know I had a gun in a posted business is if I had to use it. Since there is no clear law on signs, I'll take my chances.

    Better to be tried by 12 then carried by 6.
    Last edited by Maverick7340; June 13th, 2007 at 12:37 PM.
    Courage is being scared to death - but saddling up anyway.

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  3. #17
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    And you'll be the one that loses your permit when someone reads the law differently- and in accordance with Legislative Intent which was to ensure private property rights were upheld while giving people the clear option of leaving a gun in their car so they would not have to be disarmed on the way to and from a posted location. You all can argue all you want, but it is an unproven position. Until it is decided we're both right- and we're both wrong. The law is clear that a person in control of private property has the ability to restrict the carrying of a weapon on that property. If you feel confident, go ahead and be that test case. My family and I will just avoid those places and be carried or judged by none.
    "The only people I like besides my wife and children are Marines."
    - Lt. Col. Oliver North

  4. #18
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    Quote Originally Posted by Maverick7340 View Post
    As you can see it doesn't allow a company to make a policy that would prevent a person from locking their gun up in their car.

    If you still think you can't carry in a posted business that isn't a government building or school, then good luck to you. I'll be the one defending my loved one while yours is hiding in the corner hoping I stop the BG before they get to you.
    Negative Ghostrider.

    I won't be there in the first place.

    The law says they can limit firearms on their property EXCEPT in a vehicle.

    This is th portion of the law that was over ruled by a judge and then amended to include the bold section below after all the Conoco firings:
    TITLE 21 § 1289.7a. Transporting or storing firearms in locked vehicle on
    private premises—Prohibition proscribed
    TRANSPORTING OR STORING FIREARMS IN LOCKED VEHICLE ON PRIVATE PREMISES—PROHIBITION PROSCRIBED
    A. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked motor vehicle, or from transporting and storing firearms locked in or locked to a motor vehicle on any property set aside for any motor vehicle.
    B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for occurrences which result from the storing of firearms in a locked motor vehicle on any property set aside for any motor vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms. The provisions of this subsection shall not apply to claims pursuant to the Workers’ Compensation Act.
    They were concerned about liability since it was on their property, and they got it clarified. Unfortunately, (oil) money talks in this state.

    This actually amounts to a hill of beans becuse they don't need a reason to fire you in Oklahoma, its an at will employment state. They can fire you for any reason, they just cant say they fired you because of this.
    "When a man attempts to deal with me by force, I answer him—by force.
    "... No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had the right to choose: his own." -John Galt, Atlas Shrugged

  5. #19
    Member Array okgr8outdrs's Avatar
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    I guess I should have placed my emphasis on Echo Four using the term "direct violation".

    From the above posts we can deduce that carrying on posted property is probably trespassing and is probably spelled out in a statute somewhere outside the realm of the SDA.

    Posted property is not in the list of prohibited places spelled out by the SDA, so it is a far stretch to construe that doing so is classified as unlawful carry. The SDA simply says that possession of a permit does not override the owner's rights to prohibit or restrict possession of a firearm on their property.

    It is not unlawful to walk around barefoot, but a property owner may deny you access to their property for doing so. This does not make the act of being barefoot unlawful, but your barefoot presence against their wishes constitutes trespassing.

    It is not as cut and dried as "direct violation" makes it sound. Carrying in a school is a direct violation. Carrying in a bar is a direct violation. Carrying without a permit is a direct violation. Carrying on posted property is trespassing, but posted property is not directly prohibited, so to say that carrying on posted property is unlawful carry and therefore a "direct violation" is weakly supported. Echo Four and Protect both said this connection is "unproven" so in my mind it is impossible to be a "direct violation". The fact that it is unproven after all this time is a good indication that things will continue the way they have up until now.

    Interestingly enough, even carrying on unposted property may be against the owner's wishes and does not prevent them from asking you to disarm or leave, in which case your refusal to do so constitutes trespassing. Most likely the reason this is yet unproven is only a knucklehead would refuse to leave after being "made". In cases where the police are called before the CWL holder is approached, they either leave unknowingly before the police arrive, or when approached by the police produce their license and are informed that the owner wishes them to leave, to which request they comply.

    I avoid the posted places I can, I am careful and low key at the ones I can't, and will be courteous and respectful if I am caught at someplace that is posted. Attitude is everything.
    Jeff
    Preparing the way...Straightening the path.

  6. #20
    Member Array okgr8outdrs's Avatar
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    Hope you enjoy your visit to our state. If you visit http://www.okshooters.com/forums/showthread.php?t=14 there is a list of posted places in the concealed carry and self defense forum.
    Last edited by okgr8outdrs; June 13th, 2007 at 09:11 PM. Reason: revised link
    Jeff
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  7. #21
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    Is there any any law that allows you to carry without a license...ie. in your car?
    David

    Ride hard and Shoot safe

    The first rule of gunfighting should be to know when the gunfight starts - being the last one to get the news certainly won't put the odds in your favor.

  8. #22
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    If you don't have a permit our laws aren't the greatest. We do not hav peaceable journey or other laws of the nature. You can transport the weapon unloaded and secured in the trunk.
    "The only people I like besides my wife and children are Marines."
    - Lt. Col. Oliver North

  9. #23
    Member Array Maverick7340's Avatar
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    okgr8outdrs

    Thanks, you said it better then I did.
    Courage is being scared to death - but saddling up anyway.

    John Wayne

  10. #24
    Member Array Protect's Avatar
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    Well said, okgr8outdrs.
    "When a man attempts to deal with me by force, I answer him—by force.
    "... No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had the right to choose: his own." -John Galt, Atlas Shrugged

  11. #25
    Member Array GotSig?'s Avatar
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    Quote Originally Posted by target1911 View Post
    Is there any any law that allows you to carry without a license...ie. in your car?
    Florida lets you, its part of the new castle doctrine. They consider your car part of your castle and are allowed to keep a loaded firearm in it as long as its securely encased.
    كافر(Infidel)
    He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.
    Friedrich Nietzsche, Beyond Good and Evil, Aphorism 146
    German philosopher (1844 - 1900)

  12. #26
    M2 [OP]
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    Quote Originally Posted by GotSig? View Post
    Florida lets you, its part of the new castle doctrine. They consider your car part of your castle and are allowed to keep a loaded firearm in it as long as its securely encased.
    Errrr...we're specifically talking about Oklahoma here. And I really didn't mean to start such an intense scrutiny of the laws, but if it helps clairfy the laws for anyone, then so be it.

    I've been here nearly 24 hours now and so far I have yet to see anywhere that has a sign that prohibits carrying. Having to stop in Dallas for gas, I was glad I was packing. It wasn't the best part of town!

    And in case anyone is interested, apparantly they found 2' of water in the time capsule that contained the 1957 Plymouth when they opened it the other day. It was all over the front page of the newspapers this morning. They are not sure if it got into the car, but they think that sometime over the past 50 years the entire capsule may have been completely filled with water. We will see tomorrow night when they unveil the car...for more info, go to www.buriedcar.com

    Cheers! M2

  13. #27
    Member Array target1911's Avatar
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    one more ?? on OK laws....

    I have family in OK, I live in TX. One of my family members has a felony record and I wanted to know if he could get in trouble if I was to carry around him (going to town or at thier house).
    David

    Ride hard and Shoot safe

    The first rule of gunfighting should be to know when the gunfight starts - being the last one to get the news certainly won't put the odds in your favor.

  14. #28
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    You can have your weapon around them, but you can't allow them to be in control of the weapon. If it is on your person or in your direct control it is fine.
    "The only people I like besides my wife and children are Marines."
    - Lt. Col. Oliver North

  15. #29
    Member Array target1911's Avatar
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    ECHO

    can you provide a link to that for me please

    this familly member is nervous about this that I was actually told not to bring any guns to the house.
    He had asked lawyer about gun laws because he lives in the country and the coons, cyotes etc....get his livestock. The lawyer (probly an anti) did his best to scare the hell outta him and did a fine job of it.
    I dont want him to be nervous or worried about it if I am armed but i will not drive all the way up there unarmed. If I have to I will just lock it up in my Truck and not tell him about it. But I dont want to have to go that route.
    David

    Ride hard and Shoot safe

    The first rule of gunfighting should be to know when the gunfight starts - being the last one to get the news certainly won't put the odds in your favor.

  16. #30
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    I don't know of any state laws that apply. It is a federal issue.

    The lawyer was right to scare him about guns. He is a felon, he does not have the right to own them. If you own a gun, no problem. If he owns a gun it is a serious federal crime.

    Anyway, here is a link that explains the federal issues.
    http://en.allexperts.com/q/2nd-Amend...ws-indiana.htm

    This link is about transfer of firearms, but answers the question.
    http://www.statemaster.com/graph/gov...ibited-persons

    It is unlawful for a firearm to be possessed or controlled by a person who is a convicted felon, adjudicated as a delinquent child or a youthful offender, or subject to Department of Corrections supervision, probation, parole, or inmate status.
    Notice it doesn't say people around felons. The felon cannot own or control a firearm. A non-felon can.
    "The only people I like besides my wife and children are Marines."
    - Lt. Col. Oliver North

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