New Member .. with a state question...

[xXVIPERXx]

Hello everyone. I am new here so bare with me just a few minutes... I come here today in order to ask a question about Oklahoma (CCL) law.. I have carried for years with a permit. The other day I was at my lake house and in my yard in front . It just so happen that I was armed but had my pistle out in plain sight in the holster on the side to back. A Sheriffs deputy just so happened was driveing by and stopped. He proceeded to get out and walk over to where I was at. At that time he started in on me saying that I was not within my rights as a gun carrier with a permit to be openly carrying my weapon on my on property and that I was branishing my weapon. I did not argue with him but took note of our conversation and pulled my shirt out over my pistle once I presented him with my licensed permit. Now, Under my training and my understanding, is that I have or had the same right as a person of a business to openly carry my pistle on my said owned property especially if I live there. I have tried to get a straight answer from others and or other law personal and have as of yet got a straight legal answer to my question. I do know that every county has to obide by the state statue and can not alter it. In other words, one county can not say it ok to wear openly on property and the next county says you can't... If I have a (CCl) permit , can I wear my side arm openly on my said property and be within the stale statue law ? The funny thing is, the person on the other side of road was with his son and he had his rifles out in the open and the deputy saw them walking with their 2 rifles inhand and then saw them put them into their truck . Deputy did not even stop to talk to them.. But I was breaking the law??????? Please Help ......

 

[reddog1]

I would have debated with the fella. Its YOUR property. Wearing a side arm is not under the definition of "brandishing"
IF anything improper carrying, but I highly doubt they could make that stick.
I dont know. Just my opinion.
Wecome to OSA!!

 

[Werewolf]

There is another thread from a month or so ago that hashed the subject of your question out and there was no consensus position reached.

In my opinion - based on the postings of some very qualified OSA members - it is not legal for you to open carry on your own property even if you have a CCW. This is not codified into law but is based on a number or OK Supreme Court decisions.

I'm lousy at using forum search functions so maybe someone else can point you at the other thread.

 

[inactive]

In my opinion - based on the postings of some very qualified OSA members - it is not legal for you to open carry on your own property even if you have a CCW. This is not codified into law but is based on a number or OK Supreme Court decisions.

Technically if the OK Supreme Court ruled on it, it was based on a codified law no?

But I agree, the whole issue is very ambiguous but has come down to one cannot open carry on their own property, outdoors where one may see them. Here is a (relatively) recent discussion, which includes the court case:

http://www.okshooters.com/showthread.php?67591-Open-Carry-Private-Property&

 

[KOPBET]

If the gun was in a holster, by definition it is impossible for it to be brandishing.

 

[SMS]

http://www.okshooters.com/showthrea...al-Property&highlight=open+carry+tending+land

Oklahoma State law (1272) prohibits open carry with a few exemptions...and the State courts have backed up the no open carry outdoors on private property.

You are right though, it is not brandishing....it's "Unlawful Carry".

 

[natgas]

So, you cannot open carry on your own property but employees of certain 'merchants' can open carry? Honestly, that makes no sense

 

[inactive]

So, you cannot open carry on your own property but employees of certain 'merchants' can open carry? Honestly, that makes no sense

Well, it depends. It's an indoors/outdoors thing. It depends who can see you. It's only "Open Carry" if one is in the open, that is - outdoors and not inside at their home or a business (gun range, pawn shoo).

Still doesn't make much sense, but an employee of H&H or 2A or Mark at Sooner Guns can't walk around outside the store carrying anymore than you can at your own home.

 

[SMS]

You have to separate "what makes sense" from "what is the law". The law is the law, so when the question "is it legal?" is asked, you have to start with the law....not what makes sense or what you believe one can get away with.

 

[Perplexed]

I wonder if, as an openly-carrying individual, your proximity to other people, and your location, has an influence on whether or not an LEO will stop you. I can see how you'd be stopped if you were in the front yard of your house in a crowded subdivision, but what if you're in an incorporated subdivision of, say, 10-acre lots or more? It's one thing for the next-door neighbor 10 yards away to be alarmed, but it could be an entirely different matter if he's 100 yards away.