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The Range
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Can I Or Can I Not Open Carry A Revolver Or Shotgun On My Rural Property?
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<blockquote data-quote="owassopilot" data-source="post: 1660621" data-attributes="member: 16273"><p>Might want to actually read the court case referenced by Veggie. I will copy this excerpt directly from the case here for your convenience.</p><p></p><p><em>¶11 The Oklahoma Court of Criminal Appeals in Pierce v. State, 1929 OK CR 42, ¶ __, 275 P. 393, 394, interpreting the United States and Oklahoma Constitutions, held:</em></p><p><em></em></p><p><em>There is but one question raised in the brief of the defendant, and that question is whether or not, under the Constitution and laws of the state [sic] of Oklahoma, the defendant had a right to carry a gun on his person while in his own house and yard.</em></p><p><em></em></p><p><em>The Court settled the issue by stating:</em></p><p><em></em></p><p><em><strong>As the law now is in this state, a person may lawfully own and possess any of the weapons named in sections 1991, 1992, [pistols and revolvers] and may move such weapons from room to room in their place of residence, but may not wear them on their person and transport them about the yard as shown by the evidence to have been done by the defendant in this case.</strong></em></p><p></p><p><em>"¶14 It is clear that while there is no absolute right to carry a loaded, concealed firearm at all times in all places, our courts and legislature have chosen to allow an otherwise qualified citizen of this state to carry a loaded firearm in their home, and, if they are a permit holder, to carry a concealed, loaded firearm outside their home, pursuant to the terms of the Act. We do not interpret the Act to require a citizen to possess a permit to carry a concealed firearm within his own home, because such an interpretation would require us to find that the holding in Pierce was in conflict with, and was overruled by, the Act. Indeed the Act, by terms of the expressed legislative intent, was designed to be "cumulative to existing rights" to bear arms. 21 O.S. Supp. 1998 § 1290.25.</em></p><p><em></em></p><p><em>¶15 This interpretation is bolstered by another provision of state law. Title 21 O.S. Supp. 2000 § 1289.25, popularly known as the "Make My Day Law," permits a homeowner to use deadly force to repel an intruder. The statute concludes: "The provisions of this section and the provisions of the Oklahoma Self_Defense Act . . . shall not be construed to require any person using a pistol pursuant to the provisions of this section to be licensed in any manner." We conclude that in the case in controversy, Permit Holder clearly could have carried a loaded, concealed firearm within the confines of his home under either Pierce or the Act."</em></p><p> <em></em></p><p><em></em></p></blockquote><p></p>
[QUOTE="owassopilot, post: 1660621, member: 16273"] Might want to actually read the court case referenced by Veggie. I will copy this excerpt directly from the case here for your convenience. [I]¶11 The Oklahoma Court of Criminal Appeals in Pierce v. State, 1929 OK CR 42, ¶ __, 275 P. 393, 394, interpreting the United States and Oklahoma Constitutions, held: There is but one question raised in the brief of the defendant, and that question is whether or not, under the Constitution and laws of the state [sic] of Oklahoma, the defendant had a right to carry a gun on his person while in his own house and yard. The Court settled the issue by stating: [B]As the law now is in this state, a person may lawfully own and possess any of the weapons named in sections 1991, 1992, [pistols and revolvers] and may move such weapons from room to room in their place of residence, but may not wear them on their person and transport them about the yard as shown by the evidence to have been done by the defendant in this case.[/B][/I] [I]"¶14 It is clear that while there is no absolute right to carry a loaded, concealed firearm at all times in all places, our courts and legislature have chosen to allow an otherwise qualified citizen of this state to carry a loaded firearm in their home, and, if they are a permit holder, to carry a concealed, loaded firearm outside their home, pursuant to the terms of the Act. We do not interpret the Act to require a citizen to possess a permit to carry a concealed firearm within his own home, because such an interpretation would require us to find that the holding in Pierce was in conflict with, and was overruled by, the Act. Indeed the Act, by terms of the expressed legislative intent, was designed to be "cumulative to existing rights" to bear arms. 21 O.S. Supp. 1998 § 1290.25. ¶15 This interpretation is bolstered by another provision of state law. Title 21 O.S. Supp. 2000 § 1289.25, popularly known as the "Make My Day Law," permits a homeowner to use deadly force to repel an intruder. The statute concludes: "The provisions of this section and the provisions of the Oklahoma Self_Defense Act . . . shall not be construed to require any person using a pistol pursuant to the provisions of this section to be licensed in any manner." We conclude that in the case in controversy, Permit Holder clearly could have carried a loaded, concealed firearm within the confines of his home under either Pierce or the Act." [/I] [/QUOTE]
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