Campus PD and concealed gun in car

[septic_shock]

Yesterday while going to lunch, my car was rear-ended. This occurred while I was on a street located on the campus of OSU. Luckily nobody was hurt (although they did have to tow the other guy's car off of the street).

A campus cop arrived shortly after the accident. As is required by law, the first thing I did after the officer arrived was to inform him that I have an Oklahoma issued concealed weapons permit, and that there was a concealed firearm located in my vehicle. The officer didn't seem to think twice about it. He did ask to see my permit, wrote a few notes, then handed it back and preceded to work up the accident.

After calling in the accident, the officer helped make sure that we had exchanged the proper information.

The officer then told me that "even though I had a valid CCW, I cannot have my firearm anywhere on campus". Respectively, I told him that the firearm never leaves the car, and that as far as I understand, that it was not against the law for a CCW holder to keep a weapon on campus as long as it stays in the car in an area that is designated for vehicle use (street or parking lot). He said that that is not what he has been told and that he would not argue this with me.

(One thing that did erk me a bit was that this conversation took place in front of the other driver.)

Not wanting to escalate the discussion further, I said okay and thanked him for his time.

Now I have a few questions:
1. Am I right or wrong that it is legal, according to the State of Oklahoma SDA laws that I can have the firearm concealed in my car, while on driving through a state University, or while parking at a state university parking lot?

2. Do I need to just brush it off, and carry anyway, knowing that I am doing so legally?

2. Do I need to go speak with a campus PD supervisor, for clarification?

3. Do I need to go to the trouble to contact some "Higher Authority" (OSBI, DA) and carry around some kind of "letter" that states that it is legal?

4. I almost feel like now I've got a target on my car while on campus. What if I get stopped/get into an accident on campus again? I really don't want to be hauled in for not doing anything illegal.

What do you guys think?

 

[septic_shock]

Just a side note: I work on campus, but I am not an OSU employee.
(Sorry, I couldn't get the edit button to work)

 

[Talacker]

Was he implying you were breaking the law at the time with respect to the CCW? Technically, he's right, there ARE some places you can't have it on campus, but as far as I understand it, your car is not one of them.

If he just said it in passing and didn't give you a ticket or warning for it, then I would just brush it off.

 

[338Shooter]

You can have a gun in your car on college campuses in OK.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2007.pdf

D. No person in possession of any concealed handgun pursuant to the
Oklahoma Self-Defense Act shall be authorized to carry the handgun
into or upon any college or university property, except as provided in
this subsection. For purposes of this subsection, the following property
shall not be construed as prohibited for persons having a valid
concealed handgun license:
1. Any property set aside for the use of any vehicle, whether attended
or unattended, provided the handgun is carried or stored as
required by law and the handgun is not removed from the vehicle
without the prior consent of the college or university president
while the vehicle is on any college or university property;
2. Any property authorized for possession or use of handguns by
college or university policy; and
40
3. Any property authorized by the written consent of the college or
university president, provided the written consent is carried with
the handgun and the valid concealed handgun license while on
college or university property.

 

[338Shooter]

1. Am I right or wrong that it is legal, according to the State of Oklahoma SDA laws that I can have the firearm concealed in my car, while on driving through a state University, or while parking at a state university parking lot?

2. Do I need to just brush it off, and carry anyway, knowing that I am doing so legally?

2. Do I need to go speak with a campus PD supervisor, for clarification?

3. Do I need to go to the trouble to contact some "Higher Authority" (OSBI, DA) and carry around some kind of "letter" that states that it is legal?

4. I almost feel like now I've got a target on my car while on campus. What if I get stopped/get into an accident on campus again? I really don't want to be hauled in for not doing anything illegal.

1. It was perfectly legal as long as it stayed in your car.
2. Keep on keeping on.
2. I'd email the chief of police with the statute and an explanation of the situation. Nice guy from the few emails I've had with him during my stint at OSU. (Campus Leader for SCCC).

Michael W. Robinson
Director/Chief of Police
405.744.6528
[email protected]

3. No, Carry the SDA with you, it say's in plain English.
4. They can haul you for anything they want, but your lawyer could have some fun if they did it while you were following the law that they cited.

 

[Glock 'em down]

I'm a campus cop at a state college. I know for a fact there are several students here that have a gun in their car. Being who I am, I not only don't worry about it, but I consider those guys an ally if ever I need some help. Hell, when Nikat was going to school here, I told him to bring his Kimber one day so I could play with it.

Of course...I'm not your "typical" flatfoot either.

I've stopped cars and talked guns & gear with SDA holders many, many times. I figure 99.9% of the SDA holders are "good" guys. Genuine "bad" guys aren't gonna waste the time and money it takes to get the card in the first place.

 

[NikatKimber]

Short answer, you were legal. A lot of OSU staff and admin want to believe that you can't have it anywhere on campus period. They are wrong.

Here is the relative section:

D. No person in possession of any concealed handgun pursuant to the Oklahoma Self-Defense Act shall be authorized to carry the handgun into or upon any college or university property, except as provided in this subsection. For purposes of this subsection, the following property shall not be construed as prohibited for persons having a valid concealed handgun license:

1. Any property set aside for the use of any vehicle, whether attended or unattended, provided the handgun is carried or stored as required by law and the handgun is not removed from the vehicle without the prior consent of the college or university president while the vehicle is on any college or university property;

2. Any property authorized for possession or use of handguns by college or university policy; and

3. Any property authorized by the written consent of the college or university president, provided the written consent is carried with the handgun and the valid concealed handgun license while on college or university property.

The college or university may notify the Oklahoma State Bureau of Investigation within ten (10) days of a violation of any provision of this subsection by a licensee. Upon receipt of a written notification of violation, the Bureau shall give a reasonable notice to the licensee and hold a hearing. At the hearing upon a determination that the licensee has violated any provision of this subsection, the licensee may be subject to an administrative fine of Two Hundred Fifty Dollars ($250.00) and may have the concealed handgun license suspended for three (3) months.

Nothing contained in any provision of this subsection shall be construed to authorize or allow any college or university 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 paragraphs 1, 2 and 3 of this subsection. Nothing contained in any provision of this subsection shall be construed to limit the authority of any college or university in this state from taking administrative action against any student for any violation of any provision of this subsection.

E. The provisions of this section shall not apply to any peace officer or to any person authorized by law to carry a pistol in the course of employment. District judges, associate district judges and special district judges, who are in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, shall be exempt from this section when acting in the course and scope of employment within the courthouses of this state. Private investigators with a firearms authorization shall be exempt from this section when acting in the course and scope of employment.

 

[SMS]

Now I have a few questions:
1. Am I right or wrong that it is legal, according to the State of Oklahoma SDA laws that I can have the firearm concealed in my car, while on driving through a state University, or while parking at a state university parking lot?

2. Do I need to just brush it off, and carry anyway, knowing that I am doing so legally?

2. Do I need to go speak with a campus PD supervisor, for clarification?

3. Do I need to go to the trouble to contact some "Higher Authority" (OSBI, DA) and carry around some kind of "letter" that states that it is legal?

4. I almost feel like now I've got a target on my car while on campus. What if I get stopped/get into an accident on campus again? I really don't want to be hauled in for not doing anything illegal.

What do you guys think?

As mentioned, not only were you legal, but keeping a firearm in your vehicle is specifically protected under the SDA...so whatever you do after that fact is really up to you in regards to how much you like tilting at windmills.

If you have the time and energy to take on that fight, go for it...otherwise just continue to carry legally in your car. Keep a copy of the SDA and a good lawyer's number on file in case they do ever haul you in. Then put the screws to 'em.

 

[septic_shock]

Holy cow! you guys are fast!

I was 99% sure that that I was reading the Oklahoma statute correctly, never hurts to double check.

Was he implying you were breaking the law at the time with respect to the CCW? Technically, he's right, there ARE some places you can't have it on campus, but as far as I understand it, your car is not one of them.

I think he was implying that it was illegal anywhere, since when he told me that I couldn't have it, I told him that it always stayed in the car, while in a parking lot. He told me that it didn't matter.

 

[septic_shock]

As mentioned, not only were you legal, but keeping a firearm in your vehicle is specifically protected under the SDA...so whatever you do after that fact is really up to you in regards to how much you like tilting at windmills.

I think I will just let it lie. I'm really not out to start any trouble. However, I do think that I will put a copy of the SDA in my glove box.

Thanks guys.