SDA & The Department of Corrections

[okie of crosstimbers]

Here's a real winner from a couple of losers.

http://www.oklegal.onenet.net/oklegal-cgi/isearch

Entry_Date: 120404
Appellant: Ron J. Ward Oklahoma Department of Corrections
Jurisdiction: Attorney General of Oklahoma - Opinion
Hearing_Date: December 7, 2004
Text_of_Rule:
Dear Director Ward:
This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question:
May the Director of the Department of Corrections establish a policy that prohibits a person possessing a valid Self Defense Act license from storing firearms in a locked vehicle in a parking area on prison property where prisoners are located?
I. THE POSSESSION OF FIREARMS WHERE PRISONERS ARE LOCATED
Title 57 O.S. 21 (2001) provides in pertinent part:
"A. Any person who, without authority, brings into or has in his or her possession in any jail or state penal institution or other place where prisoners are located, any gun, knife, bomb or other dangerous instrument . . . shall be guilty of a felony and is subject to imprisonment in the State Penitentiary for not less than one (1) year or more than five (5) years, or a fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment."
Id.
This statute makes it a felony for any person to possess a gun in a "state penal institution or other place where prisoners are located" without authority. Id. To answer your question, it is necessary to determine whether a person possessing a valid Self Defense Act license has authority to possess and store a firearm in a "state penal institution or other place where prisoners are located." Whether a particular area is a "state penal institution or other place where prisoners are located" is a question of fact, and is not a proper subject for an official Opinion of the Attorney General. 74 O.S. 18b(A)(5) (2001).
The Oklahoma Self-Defense Act ("SDA"), 21 O.S. 1290.1 through 21 O.S. 1290.26 (2001-2003), allows qualified persons to be licensed to carry concealed weapons under certain conditions. The SDA provides, "a concealed handgun license when issued shall authorize the person to whom the license is issued to carry a loaded or unloaded concealed handgun as authorized by the provisions of the Oklahoma Self-Defense Act, and any future modifications thereto." 21 O.S. 1290.5(A) (2004).
However, Section 21 O.S. 1290.7 of the SDA provides, in relevant part:
"The authority to carry a concealed handgun pursuant to a valid handgun license as authorized by the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, shall not be construed to authorize any person to:
* * * * * *
"2. Carry or possess any pistol in any manner or in any place otherwise prohibited by law."
Id. (emphasis added).
Title 21 O.S. 1277 (2001) addresses the possession of firearms on prison property by SDA licensees. It provides in pertinent part:
"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:
* * * * * * *
"3. Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent;
* * * * * * *
"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:
"a. any property set aside for the use of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority,
* * * * * * * *
"c. any property adjacent to a structure, building, or office space in which concealed weapons are prohibited by the provisions of this section, and
* * * * * * * *
"Nothing contained in any provision of this subsection shall be construed to authorize or allow any person in control of any place described in paragraph 1, 2, 3, 5 or 6 of subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a concealed handgun license from possession of a handgun allowable under such license in places described in paragraph a, b, c or d of this subsection."
Id.
Subsection 21 O.S. 1277(A)(3) of Section 1277 prohibits an SDA licensee from carrying a concealed handgun into a prison. However, subsection (B)(a) specifically excludes from the prohibition prison property "set aside for the use of any vehicle, whether attended or unattended." A parking area is property "set aside for the use of any vehicle, whether attended or unattended." Therefore, it is lawful, under Section 21 O.S. 1277, for an SDA licensee to possess and carry a concealed weapon into a parking area located on prison property. However, 21 O.S. 1290.7(2) (2001) states that the SDA does not authorize a licensee to possess a gun in a place otherwise prohibited bylaw. Because 57 O.S. 21(A) (2001) prohibits the possession of a gun in a "place where prisoners are located," an SDA licensee may not possess a gun in a parking area on prison property, if it is an area where prisoners are located. Whether a particular parking area is an area where prisoners are located is a question of fact that cannot be answered by an Opinion of the Attorney General. 74 O.S. 18b(A)(5) (2001). Rather, the State Board of Corrections and the Director of the Department of Corrections may designate, through their power to establish policy and regulations, the areas on prison property that are areas where prisoners are located. 57 O.S. 504(b)(1), 57 O.S. 504(B)(6); 57 O.S. 507(b). Continued...

[okie of crosstimbers]

Continued from above...

II. THE PROHIBITION OF THE POSSESSION OF FIREARMS IN LOCKED VEHICLES
You ask whether the Director of the Department of Corrections may prohibit an SDA licensee from storing firearms in a locked vehicle located in the parking area of a prison. The recent amendment by the Forty-Ninth Legislature, 2004 Second Regular Session of 21 O.S. 1290.22 (2001). H.B. 2122 with an effective date of November 1, 2004, answers your question. See 2004 Okla. Sess. Laws ch. 39, s 2.
Section 21 O.S. 1290.22 of the SDA now reads:
"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."
Id.
Section 1 of H.B. 2122 enacted a new law, codified at 21 O.S. 1289.7a (2004), which provides:
"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."
These enactments prohibit a "person, property owner, tenant, or employer" from establishing a policy or rule that prohibits "any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle." Id. The Department of Corrections is included in one or more of the capacities identified as being subject to the general prohibition. The Department of Corrections is governed by the State Board of Corrections. 57 O.S. 503 (2004). The State Board of Corrections has the power "to establish policies for the operation of the Department" and "to appoint . . . the Director." 57 O.S. 504(b)(1), 57 O.S. 504(b)(6). The Director is the executive officer of the Department and has the power "to prescribe rules and regulations for the operation of the Department, consistent with the general policies established by the Board." Id. 57 O.S. 507(b). Therefore, Sections 21 O.S. 1290.22(B) and 21 O.S. 1289.7a prohibit the State Board of Corrections and the Director of the Department of Corrections from establishing a policy or rule that prohibits any person, except a convicted felon, from storing firearms in a locked vehicle in a parking area located on prison property. However, the Board and the Director may establish a policy or rule that prohibits a person from storing firearms in a locked vehicle in a parking area located on prison property, if the parking area is designated as an area where prisoners are located. 57 O.S. 21(A) (2001). It is a felony to possess a gun in such an area. Id.
It is, therefore, the official Opinion of the Attorney General that:
1. The Director of the Department of Corrections and the State Board of Corrections may establish a policy or rule that prohibits a person from transporting or storing a firearm in a locked vehicle located in a parking area on prison property, if it is an area where prisoners are located. 21 O.S. 1277(B)(a) / 21 O,S. 1289.7a / 21 O.S. 1290.22(B) (2001-2003); 57 O.S. 21(A) / 57 O.S. 504(b)(1) / 57 O.S. 507(b).
2. No person may possess or store a firearm in a prison or other place where prisoners are located without authority to do so. 57 O.S. 21(A) (2001).
3. An Oklahoma Self-Defense Act licensee has the authority to possess or store a firearm in a parking area located on prison property, unless it is an area where prisoners are located. 21 O.S. 1277(B)(a) (2001); 57 O.S. 21(A) (2001).
4. Whether a particular location is an area where prisoners are located is a question of fact and may not be answered by an Opinion of the Attorney General. 74 O.S. 18b(A)(5) (2001). The Director of the Department of Corrections and the State Board of Corrections may designate which areas of its property are areas where prisoners are located. 57 O.S. 504(b)(1) / 57 O.S. 507(b).
( D. CASEY DAVIS )
( Ed note: Conceal Carry )
Citation: 04-038 (2004) ag

[Quail Fat]

I work for DOC and we are not allowed to bring guns to work, even if they are locked in the trunk, in a safe bolted to the floor of the trunk. This sucks too, because we sometimes run into ex-cons while driving to work, while gassing up our cars, and if we break down, while wearing a DOC uniform, any ex-con can pull over and shoot/stab/beat us and there is nothing we can do because we can't aren't allowed to carry a gun to work.

[brennan]

Why can't you lock them in the control room or the armory?

[Quail Fat]

Why can't you lock them in the control room or the armory?

Because that would make too much sense. DOC does everything ass-backwards.

[brennan]

The last prision I was at had several small safes that the people transporting inmates could lock up their weapons.

[okie of crosstimbers]

I work for DOC and we are not allowed to bring guns to work, even if they are locked in the trunk, in a safe bolted to the floor of the trunk. This sucks too, because we sometimes run into ex-cons while driving to work, while gassing up our cars, and if we break down, while wearing a DOC uniform, any ex-con can pull over and shoot/stab/beat us and there is nothing we can do because we can't aren't allowed to carry a gun to work.

Absolutely untrue. Whoever is saying this is lying or doesn't know what he/she is talking about. DOC has a policy for dealing with SDA-carried weapons even though the AG has given them an out which may or may not stand up in court. Apparently DOC doesn't want to press the issue.

From the Dept. of Corrections policy on Workplace Violence:


http://www.doc.state.ok.us/Offtech/op110214.htm

D. Weapon Possession


Signs will be posted at each entrance into all probation and parole district and sub offices and administrative offices stating, "You are now entering a state office. It is unlawful for any person having a valid concealed handgun licensed issued pursuant to the provisions of the Oklahoma Self-Defense Act to carry any concealed weapon unto these premises. Any violation is a misdemeanor punishable by fine, jail, or both and will subject the violator to having the concealed handgun license permanently revoked. IAW 21 O.S. 1277"



All facilities will develop local procedures for collecting and securing all handguns carried by employees or visitors. Facilities will post signs, which inform employees and visitors that any firearm carried pursuant to the Oklahoma Self-Defense Act must be immediately declared and secured. Signs should additionally contain a directive for employees and visitors to follow, which implements the local procedure for declaring and securing firearms.



Unauthorized possession, display, or use of a weapon by commissioned employees inconsistent with departmental procedures will be construed as a threat or act of violence and will be responded to in accordance with this procedure. Pending resolution of any investigation and evaluation due to conduct prohibited by this procedure, commissioned officers will have their commissions withdrawn.

[Quail Fat]

"All facilities will develop local procedures for collecting and securing all handguns carried by employees or visitors. Facilities will post signs, which inform employees and visitors that any firearm carried pursuant to the Oklahoma Self-Defense Act must be immediately declared and secured. Signs should additionally contain a directive for employees and visitors to follow, which implements the local procedure for declaring and securing firearms."

I'll be sure to let my Warden know that his facility is breaking policy by not implementing the above paragraph.

[okie of crosstimbers]

Not to mention he's violating the law.

What they are doing is bluffing. You cannot be prosecuted if you have a permit as long as this policy is in place. Even though the AG in the above Opinion thinks that the DOC Director can prohibit SDA-carried handguns in prison parking lots, the Director hasn't done so yet since he has a policy for handling them.

[Crosstimbers Okie]

"All facilities will develop local procedures for collecting and securing all handguns carried by employees or visitors. Facilities will post signs, which inform employees and visitors that any firearm carried pursuant to the Oklahoma Self-Defense Act must be immediately declared and secured. Signs should additionally contain a directive for employees and visitors to follow, which implements the local procedure for declaring and securing firearms."

I'll be sure to let my Warden know that his facility is breaking policy by not implementing the above paragraph.

What did he say?

[Buzzdraw]

When I read this AG opinion a while back, it seemed that it was primarily to set the limits that the DOC could place on parking lot storage of SDA guns. My reading was that if the lot was accessible to prisoners, then DOC could post it no guns. The key thing being the accessibility to the PL by prisoners.

[Crosstimbers Okie]

If the parking lot is accessible to prisoners, so to is the driveway of the house across the street from the prison. This is B.S. and it only applies to prisons, not jails. Of course, jails tend to be ran by law enforcement officers. Prisons tend to be ran by social workers. :puke:

[Glock 'em down]

You guys kwitcherbitchin'

I do transports for the Sheriff's Department at least once a week and I have to surrender my driver's license, my weapon, my extra magazines, my knives AND my cell phone each and every time I go thru the gate. They also examine my transport vehicle with a mirror, a microscope and a fine tooth comb!

You guys ain't got nuthin' to worry about in there anyway...it's ran by some of the best trained men (and women) in the great state of Oklahoma :lookaroun and you can feel safe, secure and at ease! :selfangel

My question is...uh...why are you guys hanging out at the prison anyway? :anyone:

[Crosstimbers Okie]

I work in the federal penitentiary in Leavenworth, KS. When I retire in just a few years, I may return to Oklahoma DOC--if they will allow me to be armed while traveling to & from work. If not, I'll go to Texas where they are sensible about that issue and have a policy in place that's consistent with state law.

Lucky you that they don't arrest you for bringing those weapons onto the grounds. Otherwise you would have to transport those thugs while unarmed.:anyone:

As for those well-trained individuals, they are one of the better trained state prisons departments in the country. Many are even CLEET certified. They are also 100 times more professional than the feds for half the salary. The problem with Oklahoma DOC are a direct result of the decisions of the social workers that run it, not the line staff who deal with the inmates.