1. Welcome to Oklahoma Shooters Association! Join today, registration is easy!

    You can register using your Google, Facebook, or Twitter account, just click here.

CCing AK pistol in truck isn't legal in OK?

Discussion in 'Self Defense and Handgun Carry' started by ImaBBaller, Jun 23, 2010.

  1. ImaBBaller

    ImaBBaller Sharpshooter

    Messages:
    183
    Likes Received:
    2
    Joined:
    May 4, 2010
    Location:
    Eastern Oklahoma
    Rating
    100%
    I'm hoping somebody can help me here or point me in the right direction. I have a CWL and also have an AK pistol that I would like to carry loaded in my truck on occasion (not on my person like that crazy guy at that park). After reading through the SDA lawbook I can't see where it would be legal. Obviously you can CC any pistol, but the SDA book defines a pistol as having an overall length of less than 16". My AK pistol is over 20". As I've read it you can also carry a magazine or tube loaded rifle or shotgun with an empty chamber, but since my AK pistol is not a rifle or shotgun, it seems it falls into a hole in the law. I guess since I can't find where the law addresses pistols over 16", I guess I would have to carry it unloaded and separate from the ammo if it was in the cab with me. I'm hoping I missed a section in the law, and if anybody knows where it's at let me know.

    Thanks!
     
  2. Jcb0501

    Jcb0501 Marksman

    Messages:
    51
    Likes Received:
    0
    Joined:
    May 24, 2010
    Location:
    Edmond
    yeah seems like they would get ya on the over 16" thing.

    everything else would be fine.
     
  3. Rod Snell

    Rod Snell Sharpshooter

    Messages:
    2,404
    Likes Received:
    156
    Joined:
    Aug 10, 2006
    Location:
    Altus

    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.
     
  4. dieseltech09

    dieseltech09 Sharpshooter

    Messages:
    3,949
    Likes Received:
    53
    Joined:
    Nov 24, 2009
    Location:
    Edmond, Oklahoma, United States
    Rating
    100%
    Yes you can carry it clip loaded in your vehicle since you have you CCL.
     
  5. ImaBBaller

    ImaBBaller Sharpshooter

    Messages:
    183
    Likes Received:
    2
    Joined:
    May 4, 2010
    Location:
    Eastern Oklahoma
    Rating
    100%
    As far as I can tell this section is NOT applicable to an AK pistol.

    This section refers to pistols (as defined as having and oa length of less than 16"), rifles, and shotguns. An AK pistol is non of the above. (Unless we can find a definition of a rifle as any gun with an overall length of 16" or more.)


    I appreciate your response but I'm looking for proof of that written in the law.

    I'm not much for going to jail on a technicality, and unless I can find it in the law or talk to a lawyer that knows of some case law, I don't see where it's legal.
     
  6. Spiff

    Spiff Sharpshooter

    Messages:
    975
    Likes Received:
    0
    Joined:
    Jul 8, 2007
    Location:
    Greenville, TX
    Get an underfolder and call it good.
     
  7. ImaBBaller

    ImaBBaller Sharpshooter

    Messages:
    183
    Likes Received:
    2
    Joined:
    May 4, 2010
    Location:
    Eastern Oklahoma
    Rating
    100%
    Well, this isn't so much about the gun as the law. This looks like it also applies to any AR pistol owner too. I also like the looks of the new rossi ranch hand lever action pistol but it's over 16" too.
     
  8. TKNO1015s

    TKNO1015s Sharpshooter

    Messages:
    134
    Likes Received:
    0
    Joined:
    Jun 10, 2010
    Location:
    Afton
    TITLE 21 § 1290.2 Definitions As used in Sections 1 through 26 of this act:

    1. Concealed means a loaded or unloaded pistol carried hidden from detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger; and

    2. Pistol means any derringer, revolver, or semiautomatic firearm which:

    a. has an overall length of less than (16) sixteen inches and is able to be fully concealed from detection and view,

    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.

    I'm no attorney but it would seem that while 1290.2 is stating that you cannot carry as you are wanting to based upon the 16" requirement and the weapon does not meet the standard of being a "pistol" by statute, 1289.13 is stating that you can transport the weapon "clip or magazine loaded and not chamber loaded" as long as you are in possession of a valid CWL. So now then, are you carrying a concealed weapon pursuant to the Oklahoma Self Defense Act or are you legally transporting a weapon in your vehicle pursuant to State statute?
     
  9. ImaBBaller

    ImaBBaller Sharpshooter

    Messages:
    183
    Likes Received:
    2
    Joined:
    May 4, 2010
    Location:
    Eastern Oklahoma
    Rating
    100%
    Re-read the parts I have made bold. An AK/AR pistol is not a rifle or shotgun. It still sadly seems to me that it has to be unloaded.
     
  10. Glocktogo

    Glocktogo Sharpshooter

    Messages:
    23,999
    Likes Received:
    2,998
    Joined:
    Jan 12, 2007
    Location:
    Collinsville
    Rating
    100%
    You pretty much give your own answer. If you and other gun savvy people can't agree on how the law interprets your AK pistol, how would you expect a non-gun savvy LEO, Asst. DA or judge to interpret it? The very presence of the confusion and lack of clarity in the law makes it a marginal situation.

    It's never a good idea to enter into a marginal situation which may or may not have legal ramifications. My answer would be to CCW a handgun that was originally intended to be a handgun, or carry a rifle or shotgun in accordance with the law. JMO, YMMV
     

Share This Page