Oklahoma Firearm Laws

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DestructoJr

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did you notice that under 1290.8 - notification of an officer - Paragraph E?

If during a traffic stop or any other contact, except an arrest, an officer wants to take your weapon "for officer safety" He/She CANNOT legally go "run the serial no." without probable cause. If one does don't argue other than reminding them of that paragraph, but as soon as possible file a complaint and/or charges. DO NOT let them get away with violating your rights or the law.

I think the intent of that is to keep the police from seizing the weapon and running ballistic tests on it or checking the weapon for an undue amount of time. If an officer removes your weapon for whatever reason during a detainment if he runs the serial number that is in plain view.....I don't see how your rights are being violated
 

DestructoJr

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He/She CANNOT legally go "run the serial no." ....... SEE IT NOW

Nope still don't see it, the paragraph states

"E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed." So if you are being detained for a traffic violation that would give the officer probable cause to believe that a crime was committed......it does not say that the crime has to be gun related to the firearm....just don't see the argument or the concern if the serial number to your firearm gets run through NCIC.....unless its stolen, or the serial number has been removed...
 

twoguns?

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E. Nothing in this section shall be construed TO AUTHORIZE a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed." ...this is the law



So if you are being detained for a traffic violation that would give the officer probable cause to believe that a crime was committed......it does not say that the crime has to be gun related to the firearm....just don't see the argument or the concern if the serial number to your firearm gets run through NCIC.....unless its stolen, or the serial number has been removed... This is you interptation

I wouldnt stop them from doing it , but there WILL be a complaint filed later.
I wouldnt want them going through my pants pocket ,or rummaging through my truck ahd tool box either
.For instance ,I roll my own cigs (its cheaper) now if they saw a a partially smoked cig ,imagine the confusion..I dont think that gives them the right to search ,but I wont stop them. Just file a complaint ...later
 
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50Shooter

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Inspect mean put your hands on it, hold it and look at it. To follow the law, officers need to leave the citizen's handgun alone. There is no need to take it and secure it without probable cause or reasonable suspicion of some crime or threat.

It is safer for everyone involved if all handguns stay in secured holsters. All of the accidental discharges I've investigated involved mental errors while hands were on the gun. Leave it secured in a safe design holster and keep hands away and you will see an amazing decrease in ADs.

It would be foolish to assume all peace officers know how to open/clear/render safe all of the different makes and models of handguns. Don't believe me? Hand your run of the mill officer a Beretta 21, tell them to clear it then point it down range and drop the hammer. Hint, keep your ear protection on.

I have had numerous people tell me that during a traffic stop the officer asked them to take out their handgun and hand it over. All of these citizens tell me they politely declined and told the officer he was welcome to remove it from the holster himself. I have never met an officer who will admit to that behavior.

The standard of care for officers I work with when notified of a concealed handgun permit?
1. Where is it?
2. Please leave it there and don't touch it for the duration of our contact. Thank you.
3. Finish their business. Have a nice day.

Common Sense and a polite demeanor goes a long way for both sides of this equation.

Fiftyshooter
 

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