Carrying a shotgun in your truck question?

[sharkbait]

Page 24 under firearms in vehicles:

Any person, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded. The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title.

 

[twoguns?]

Yes, Please read ALL of it
TITLE 21 § 1289.13. Transporting a loaded firearm
TRANSPORTING A LOADED FIREARM
Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it shall be unlawful to transport a loaded pistol, rifle or shotgun in a land borne motor vehicle over a public highway or roadway. However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid handgun license pursuant to the Oklahoma Self-Defense Act.
Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a concealed handgun and is carrying a concealed handgun or has concealed a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.

 

[Dr. Tad Hussein Winslow]

The answers to the question of "what's legal" gun-wise in a vehicle?

1. Any person, any type gun, in the cab, not locked, can be transported, as long as "open and not concealed" and "unloaded" (per 1289.6) or "open and unloaded" (per 1289.7). Nothing to do with SDA. See 21 OS 1289.7 (all of it), and 21 OS 1289.6 (B)(1) and (B)(2). When interepreted along with 1289.13, it becomes clear that "unloaded" in these two sections means not chambered loaded and also not magazine loaded; i.e. not at all loaded in any way.

2. Any person, any type gun, locked in a separate compartment or trunk, may be transported, as long as it's a LONG gun, and not "chamber loaded"; i.e. it may be "loaded" but not "chamber loaded." See 21 OS 1289.13, first paragraph, second sentence. (of course the statute uses the phrase "rifle or shotgun"; I'm just shortening/paraphrasing to "longgun").

3. Concealed handguns, loaded or unloaded - in vehicle is same as out of vehicle, as covered and allowed by the SDA Act - See 21 OS 1290.1 to 1290.26. Must be a "pistol" as defined in act, not over .45 caliber, and by a licensed individual, must be concealed, and otherwise within the parameters of the SDA. Early within the Act, Section 1290.4 (re-iterating and referring to 21 OS 1272) specifically prohibits carrying of "weapons" EXCEPT as authorized by the act. Weapons is quite broad, and specifically includes both loaded and unloaded weapons, and does also include longguns - this is prohibited unless done via the SDA (which only allows handguns, not other types of weapons).

4. Open carry of firearms - generally not allowed (yet), except for those purposes from 1289.6: Subsection B provides that you can carry any type gun between your vehicle and residence (except that it does NOT clarify whether this includes situations where your vehicle is not located on or even anywhere near your residence property - but likely it would be interpreted just to mean "outdoors" on the same property between your vehicle and your residence structure). Subsection A has the laundry list of legal open unloaded non-vehicle firearms carry:

1. When hunting animals or fowl;

2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;

3. During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces;

4. During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials;

5. During a practice for or a performance for entertainment purposes; or

6. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title or any legislative enactment regarding the use, ownership and control of firearms.

So, all taken together, this means that chamber-loaded longguns are NEVER allowed, anywhere in the vehicle. Loaded but not chamber -loaded longguns are not allowed in the cab. Loaded handguns are never allowed except as per the SDA act. Outside the SDA, Handguns which are loaded but not chamber-loaded (unlike longuns) are never allowed, even if locked in the trunk, and certainly never allowed if chamber-loaded (again, absent SDA license).




The answers to the questions of "what's a good idea", this day and age, for carrying long guns in a vehicle?

1. Open and unloaded, AND up in a rack where everyone can see - NO, not a good idea. Opens you up to theft, and harassment by anti-gun city cops who don't know the law.

2. Open and unloaded, and in a lower rack, along the floorboard or behind the seat, with a locking mechanism - sure, why not?

3. Open and unloaded, out of sight for the casual observer, and not locked up in any way - that's up to you, and may or may not be a good idea, depending upon where you live, theft crime rate, violent crime rate, and so on.

dieseltech and dustingaunder, the SDA has zilch to do with long guns of any kind, ever. Maybe you guys should actually read what you've linked to and what you're asking others to read. As usual, dustinguander, YOU are wrong.

Big difference between what the LAW allows and what law enforcement personnel routinely recognize or do or think the law is. In fact, a lot of people think that the SDA allows more than one weapon, and in fact law enforcement by and large allow this and believe the law to state this, notwithstanding the fact that the law does not state this. 1290.8 allows the carrying of "a" handgun - see paragraph (A), not multiple or "handguns" - see paragraph A of 1290.8, the operative empowering sentence of the entire act.


http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST21&level=1

WOULD a DA prosecute you for having more than one handgun, or a loaded but not chamber-loaded longgun in the cab? Who knows; probably not, depending on where you live and your general look, demeanor, and prior record, if any.

COULD a DA prosecute you for same, if they just felt like it or didn't like you for some reason? You betcha they could.


There's also of course lots and lots of gray areas not covered, such as:

(a) What about a handgun with an overall length of more than 16" or over .45 caliber? It's not within the definition of "pistol" in the SDA act, so it couldn't be loaded anywhere in your vehicle, on your person or not, license or not, but as a "firearm" COULD be transported open and unloaded - so that one is pretty easy I guess;

(b) On longguns, what if you don't have a locked compartment, such as a trunk, but do have a pickup with an open bed, or even a camper shell or tonneau cover which is not locked. If the longguns are in a gun case but not in a LOCKED gun case, then you'd be in violation of 1289.13 - note that this is true regardless of whether the longguns are "loaded but not chamber loaded" or even completely UNloaded - since they're technically "concealed", they're illegal. The upshot is that to be perfectly legal, even if your longgun is completely unloaded, you need to just toss it alone, with no gun case, into the pickup bed OR the cab, when transporting it;

(c) As mentioned, what about more than one handgun under SDA? The statute says "a" gun, but it does not specifically say ONE gun, and it does say that it's to be "liberally construed" to effectuate the right to keep and bear arms. I carry two sometimes, but I'm fully aware that it's arguably illegal, and probably, on balance, more than 50% likely to be found illegal if the state supreme court had to interpret that - "a" means "a", not several, after all; Of all the gray areas, this one is the closest to being clear, not gray - against the people (like me) wanting to do it.

(d) This is the big one to me.... what about a longgun kept in the cab which is not chamber loaded and has a detachable magazine. The detachable magazine is kept loaded but away from the longgun (say, in the glove box or console box). Does this make the gun "loaded" per 1289.13? I don't think that it does, but I know that the majority of law enforcement personnel think that it does, or at least will harass/and or arrest you, pursuant to their fabricated from thin air "ammo within reach of driver" rule;

(e) What about a single shot pistol - T/C Contender, Anschutz, Savage Striker, Rem XP100, etc.? Since a pistol is a "derringer, semi-automatic, or revolver", that would seem to make this class of weapons illegal to carry;

(f) What about .45 Colt? It's .452 - is that "over .45 caliber", or not? Presumably it's not over .45 cal, since it's the same actual diameter as .45 acp, which was almost certainly contemplated by the Act. But what about .454 Casull and .460 S&W, which both have the same actual caliber, but one is designed .454, and one is designated .460 and both are actually larger than a .45 acp or .45 colt - are they "over .45 caliber" , or not? What about .45-70, which has a diameter of .457/.458? There are in fact some derringers in .45-70 which have been made.

That's just to get warmed up on the gray areas.

 

[DeadEyeDick]

wow, thank you dr.

 

[beast1989]

someone asked me this today and im not 100% sure on the answer. if i had a shotty with the plug out and loaded to the max in my vehicle, concealed, would it be illegal?

sorry if this hijacks your thread. if it does, ill move it.

i was wondering the same thing. im thinking about doing what rez exelon mentioned when I did a FTF with him. He said that he mounted his shotty to the inside of his trunk "door" (? we dont really call it that but you know what im saying) so when opened the trunk it would be right there to grab if need be.

 

[beast1989]

What is funny about it? You started this thread about a subject which you say you have no interest in. And us old timers did carry them in gun racks, usually lived in rural towns. Things were just different back then. Been through an airport lately?

Wow are you really getting your feeling hurt over that. You are reading far more into that than you should be. And yes I do fly often but its irrelevant.

 

[fire65]

Wow are you really getting your feeling hurt over that. You are reading far more into that than you should be. And yes I do fly often but its irrelevant.

I actually have no feelings at all about it or you. Obviously you do since you won't just let it die. Some people love argument and controversy on the internet so they make it a point to keep things stirred up. I don't really have time for it.

 

[beast1989]

I actually have no feelings at all about it or you. Obviously you do since you won't just let it die. Some people love argument and controversy on the internet so they make it a point to keep things stirred up. I don't really have time for it.

wow you have some serious issues. Honestly you pissed me off about something very unnecessary and I want to speak my mind but im not going to kill the thread with it. you've been pm'd

 

[Cedar Creek]

I think this is a great topic! Had somewhat of the same discussion with my old college roommate during deer season - he casually mentioned he carried his Marlin .44 mag carbine loaded in his vehicle when he and his son were deer hunting (LeFlore County - mostly on Forest Service land) and that it was OK because he has a concealed carry permit. My response was that it didn't matter whether he had a concealed weapon permit or not if a game ranger stopped him, because the citation he would receive would not be for transporting a loaded weapon, but for hunting with the aid of a motorized vehicle.

Am I right (or at least close to right) on this one?

Cedar Creek

 

[dieseltech09]

dieseltech and dustingaunder, the SDA has zilch to do with long guns of any kind, ever. Maybe you guys should actually read what you've linked to and what you're asking others to read. .

Sorry but you are wrong.

TITLE 21 § 1289.13. Transporting a loaded firearm
TRANSPORTING A LOADED FIREARM
Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it shall be unlawful to transport a loaded pistol, rifle or shotgun in a land borne motor vehicle over a public highway or roadway. However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid handgun license pursuant to the Oklahoma Self-Defense Act.
Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of this title.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act to carry a concealed handgun and is carrying a concealed handgun or has concealed a handgun or rifle or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.

From 1289.7

Any Person, except a convicted felon, may transport in a motor vehilce a rifle or shotgun concealed behind a seat of the vehicle or within the interior of a vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded. The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title

How can I make it more clear than that?