Can I Or Can I Not Open Carry A Revolver Or Shotgun On My Rural Property?

[Michael Brown]

We are discussing the law and legality of an action, so I'm not going to "quit reading the law". I'm not being rude either, but that makes no sense.

The likelihood or history of arrest or prosecution is not the bar-setter for what is legal or illegal. "You can get away with it" is not the same as "It is not illegal".

As I stated before, using a firearm in your home for self defense is not the same as wearing/carrying one about your person in anticipation of having to use it.

Show me the case law that defines, contradicts or clarifies 1272. Show me case law that states or indicates that an individual may open carry inside the home or on "rural property" while "tending land" or for any other purpose not already exempted by the written law.

The below quotation is from the Pierce case, from the dissenting justice, where the defendant was convicted for carrying a revolver in his yard and inside his home:

"DAVENPORT, J. (dissenting). I cannot concur in the views of the majority opinion, wherein it holds that the defendant could carry the pistol he was carrying from room to room in his home but could not carry it into his yard, the curtilage of his home. Section 26, art. 2, of the Constitution of Oklahoma, is as follows: "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons.""

It seems to say that even the majority, which upheld the conviction, believed that Pierce could carry the revolver in his home but NOT on the yard or curtilage.

I would agree that it does nothing to authorize the carrying of a firearm outside on your property.

Michael Brown

 

[vvvvvvv]

MyMonkey made the assertion way back on page one, post #14, that his research indicated one was free to open carry on rural property and I asked for proof of that, then we started rolling and getting deeper into it.

Not speaking for MyMonkey, but I believe the point was that if you could reasonably articulate one of the specifically given exceptions and the State could not prove that you had other motives or that your stated motive was implausible or completely unreasonable then you could reasonably expect to be cleared in court provided you hired a competent attorney that didn't coerce you to take the plea "bargain".

 

[SMS]

Not speaking for MyMonkey, but I believe the point was that if you could reasonably articulate one of the specifically given exceptions and the State could not prove that you had other motives or that your stated motive was implausible or completely unreasonable then you could reasonably expect to be cleared in court provided you hired a competent attorney that didn't coerce you to take the plea "bargain".

Who's going to volunteer?

Maybe Henschman and MyMonkey will take the case pro bono....

 

[rebelracer79]

You can open carry in slot of places with. A hunting license, national parks, most public hunting land, just have to know "what game your after". Coyote, hogs, rabbits, squirrels lots of possibilities

 

[FakeHuman]

Just out of curiosity, has anyone ever been walking around their property with a rifle, shotgun, pistol or whatever and been questioned by law enforcement? I've lived in the country all my life and every since I can remember I have walked the property with a firearm of some type. Never once was questioned why I was carrying a gun, what I was doing, etc. Also shoot a lot, and have never had a sheriff show up at my place. Just wondering if people are over thinking this issue or what.

On another note, after my home was broken into a couple of years ago, I consistently carried a 1911 in my home. Had a sheriff detective come out to the place to get more info from me and at the time I was openly carrying the gun. He saw it and didn't seem to care one bit. Said if he was in my position, he would do the same.

 

[henschman]

Who's going to volunteer?

Maybe Henschman and MyMonkey will take the case pro bono....

Absolutely, if anyone is willing to take a chance on me! Even if we found a volunteer, the hard part would be actually getting them arrested, charged, and bound over for the crime, since as has been said, it is rarely prosecuted. But if any of you find yourself in this situation, you've got yourself a free lawyer!

 

[hard_r]

I don't go anywhere in the pasture without at least a .22 just in case.

 

[Michael Brown]

Just wondering if people are over thinking this issue or what.

OSA is where we come to over think most non-issues. It's what we do.

Michael Brown

 

[338Shooter]

Absolutely, if anyone is willing to take a chance on me! Even if we found a volunteer, the hard part would be actually getting them arrested, charged, and bound over for the crime, since as has been said, it is rarely prosecuted. But if any of you find yourself in this situation, you've got yourself a free lawyer!

You can have a free lawyer any time you commit a crime.

 

[Werewolf]

OSA is where we come to over think most non-issues. It's what we do.

Michael Brown

One suspects that if the over thinking of non-issues went away that 90% of the activity/posts would go away too.

It's why gun guys come here. 50 years ago they hung out at gun shops shootin' the breeze and waxing poetic/philosophical or just plain BS'ng on non-issues. Now we hang out here.

People haven't changed; just the venues they use to do what they've always done.