Truck (suv) gun with a magazine loaded, but nothing chambered???

vicious · Jun 3, 2011

First, I did use the search function and I wasn't able to find what I was looking for. My search-fu is weak!

Okay, I'd like to store one of my rifles behind the rear seat of my suburban. I'd also like to store it with a magazine in it, but not chambered. As I read through the statute, it appears as though 21-1289.7 says I can store it behind the seat as long as it's unloaded. Okay. Then it says to check 21-1289.13 for the ability to transport a clip or magazine. So, I checked it out and it says that the firearm can be carried with the magazine loaded but not chambered as long as I'm a SDA CWP holder (which I am). Now it also adds "not withstanding the provisions of 21-1289.7" which says no magazine but to check .13 for how to carry the magazine. So, I'm a little confused. The way I see it, since I have my CWP, I can legally attach the rifle to the rear of the seat with a magazine loaded, and not chamber. Can anyone chime in on if this is correct, or if it is incorrect how I can legally carry my rifle, magazines, and ammo in my suv?

Thanks guys!

§21-1289.7. Firearms in vehicles.
FIREARMS IN VEHICLES
Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section "open" means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.
Any person, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded. The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act, Sections 1290.1 through 1290.25 of Title 21 of the Oklahoma Statutes, to carry a concealed handgun and is carrying a concealed handgun or has concealed the handgun in such vehicle, shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.
Added by Laws 1971, c. 159, § 7, emerg. eff. May 24, 1971. Amended by Laws 1995, c. 272, § 45, eff. Sept. 1, 1995; Laws 1996, c. 190, § 1, emerg. eff. May 16, 1996.

§21-1289.13. Transporting a loaded firearm.
TRANSPORTING A LOADED FIREARM
Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it shall be unlawful to transport a loaded pistol, rifle or shotgun in a landborne motor vehicle over a public highway or roadway. However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid handgun license pursuant to the Oklahoma Self-Defense Act.
Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a concealed handgun and is carrying a concealed handgun or has concealed a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.
Added by Laws 1971, c. 159, § 13, emerg. eff. May 24, 1971. Amended by Laws 1995, c. 272, § 51, eff. Sept. 1, 1995; Laws 2003, c. 465, § 3, eff. July 1, 2003; Laws 2004, c. 549, § 1, eff. July 1, 2004.

vicious · Jun 3, 2011

I'm sorry, I posted this in the wrong forum. Mods, please move it. I don't have the ability to move or delete it (that I can see).

mr ed · Jun 3, 2011

Are you the only driver of this vehicle?
If no, do the other drivers have a sda permit?
Hate to see your wife or children go to the store and get pulled over.
and the gun confiscated.
If I was going to leave the gun in the truck on a regular basis, I would keep the mag separate.
Just in case someone broke in. After all, you would have to get out of the truck, go around back and get the gun.
Grabbing the mag out of the door pocket on your way would be just as easy.

Just some thoughts.

tmotulsa · Jun 3, 2011

mr ed said:
Are you the only driver of this vehicle?
If no, do the other drivers have a sda permit?
Hate to see your wife or children go to the store and get pulled over.
and the gun confiscated.
If I was going to leave the gun in the truck on a regular basis, I would keep the mag separate.
Just in case someone broke in. After all, you would have to get out of the truck, go around back and get the gun.
Grabbing the mag out of the door pocket on your way would be just as easy.

Just some thoughts.

The force is strong with this statement.

vicious · Jun 3, 2011

I am the only driver of this one, so that's shouldn't be an issue. I agree, keeping the mag in the door panel would serve me just as well. Does that meet the requirements for non-sda carrying? Ultimately it says how the magazine/clip should be carried is covered in 1289.13, but it really doesn't say how to carry it if you're not a CWP holder. I am more concerned that if it's not locked in the glovebox or console, I'll get in trouble by having it mounted exposed to the back of the seat. It was just the way I am reading it that leads me to believe that the best way for me to store it is in the rifle.

Thanks again!

beast1989 · Jun 3, 2011

Check out my thread with the question i asked a while back.

thread

jdubya · Jun 4, 2011

The way I read it is the gun must be in a separate compartment away from you, such as a trunk, etc. Interior compartment sounds like a lockable or otherwise securable space. I don't think the space behind your truck seat qualifies as a compartment.

vicious · Jun 4, 2011

Thanks, Beast! It looks like there's no consensus.Going to call the DA on Monday to get his take.

jdubya - Check out the highlighted sentence from my first post. It definitively says that concealed behind the seat is a legal place to carry a rifle. I'll check for further clarification from my DA and report back, but if I were stopped with my rifle in that position, unloaded / no magazine I'd definitely fight with all my being.

FYI, I'll also keep a copy of the statutes in my vehicle as well. It's mostly a ranch truck, but it does see the pavement from time to time.

beast1989 · Jun 4, 2011

No problem vicious.....

Yea from what I gathered is that you can carry your long guns in your vehicle as long as there are no rounds in the magazine or chamber. OR if you have your CCL you can have rounds in the magazine but not the chamber while carrying it in the vehicle.

Let me know what info you get with the phone call.

bettingpython · Jun 4, 2011

No SDA permit magazine loaded and not in the rifle chamber empty. This is acceptable for handguns too, their is recent case law where this was deemed acceptable when a non permitted individual, (20 year old not old enough to have a permit but had a glock in his car), did exactly this with a handgun and had to load and use it in a self defense situation

SDA permit mag loaded and in rifle chamber empty.

The statutes aren't hard to read or understand. Why does everyone make it so complicated?

Truck (suv) gun with a magazine loaded, but nothing chambered???

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