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The Range
Law & Order
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: 1660639" data-attributes="member: 16273"><p>You need to quit reading the law and view what the courts are saying. Their opinion is what is called case law. It's just as important, if not more important, than the law itself. The courts have already interpreted all the laws you are reading. I know what the law says, but what the courts say have far more influence on how the law is applied. This happens all the time..this is what the courts do. They read in between the lines and interpret what the legislative branch intended, and give direction to DAs and police on how to handle future possible infractions. In this case, they have absolutely, and very clearly, interpreted all the Oklahoma laws to allow for, and permit unconcealed, or concealed use of firearms within one's home without restriction or requiring any permit. Their ruling BECOMES THE LAW! The courts have dictated the exemption you are so desperately looking for.</p><p></p><p>I'm really not trying to be rude here, but you are over analyzing all of this. When investigating what a law does and does not mean, it is extremely important to find out how courts are ruling on the issue. You are reading only the verbiage in the law itself and completely ignoring the 3rd branch of government...the courts. I can pretty much guarantee you that a DA will not prosecute you for carrying a firearm within your home, no matter what the legislature wrote. If they did, the case would likely be thrown out because no lower court ever likes to be overturned by a higher court. Furthermore, LEOs don't like their cases kicked either. At the end of the day, the only opinion that really matters is the court system.</p><p></p><p>Also, if you will again read the court's interpretation, they have indeed concluded that openly carrying a firearm OUTSIDE of your home is illegal. (Even on your own property) I never said otherwise. The Pierce ruling interpreted it that way, but what we haven't seen is another challenge to this law with the addition of the SDA and how it effects the Pierce decision, if any at all. Until then, we are only left with what has already been said.</p><p></p><p>I think we're just arguing over the same thing here, and it's becoming tiresome. Have a good Thanksgiving.</p></blockquote><p></p>
[QUOTE="owassopilot, post: 1660639, member: 16273"] You need to quit reading the law and view what the courts are saying. Their opinion is what is called case law. It's just as important, if not more important, than the law itself. The courts have already interpreted all the laws you are reading. I know what the law says, but what the courts say have far more influence on how the law is applied. This happens all the time..this is what the courts do. They read in between the lines and interpret what the legislative branch intended, and give direction to DAs and police on how to handle future possible infractions. In this case, they have absolutely, and very clearly, interpreted all the Oklahoma laws to allow for, and permit unconcealed, or concealed use of firearms within one's home without restriction or requiring any permit. Their ruling BECOMES THE LAW! The courts have dictated the exemption you are so desperately looking for. I'm really not trying to be rude here, but you are over analyzing all of this. When investigating what a law does and does not mean, it is extremely important to find out how courts are ruling on the issue. You are reading only the verbiage in the law itself and completely ignoring the 3rd branch of government...the courts. I can pretty much guarantee you that a DA will not prosecute you for carrying a firearm within your home, no matter what the legislature wrote. If they did, the case would likely be thrown out because no lower court ever likes to be overturned by a higher court. Furthermore, LEOs don't like their cases kicked either. At the end of the day, the only opinion that really matters is the court system. Also, if you will again read the court's interpretation, they have indeed concluded that openly carrying a firearm OUTSIDE of your home is illegal. (Even on your own property) I never said otherwise. The Pierce ruling interpreted it that way, but what we haven't seen is another challenge to this law with the addition of the SDA and how it effects the Pierce decision, if any at all. Until then, we are only left with what has already been said. I think we're just arguing over the same thing here, and it's becoming tiresome. Have a good Thanksgiving. [/QUOTE]
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