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Competition, Tactics & Training
Self Defense & Handgun Carry
CCing AK pistol in truck isn't legal in OK?
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<blockquote data-quote="Dr. Tad Hussein Winslow" data-source="post: 1190656" data-attributes="member: 7123"><p>No, no, no, sorry guys. I think you're incorrect (but I'll look at it again).</p><p></p><p></p><p></p><p>Your understanding is based on a generally-accepted idea in law enforcement (thankfully - this is a good thing) - it is not based on what the LAW says.</p><p></p><p></p><p></p><p>With all due respect, no it wasn't the "case" that this is what the law IS - it was the case that the particular LEOs that you dealt with believed it to be OK, based on their instructions from their superiors, the academy, and general word of mouth, and exercised their discretion in your favor - as I said, this is based on what is generally-accepted by LEOs and LEO agencies at this time - this is not necessarily one and the same as what a COURT would rule if some jackass cop decided to charge you for an SDA violation based on not having it on your person. I do it too - leave guns loaded under the seat, in the console, etc., and rely on this well-publicized "general acceptance" of this practice by the vast majority of Oklahoma LEOs and LEO agencies - it does not make it the law, and does not keep you 100% safe from prosecution. I'm a risk-taker - you may not be. I believe that the Constitution is my carry permit, and the CCW license is just a formality, for good measure.</p><p></p><p></p><p></p><p>Where in the SDA does it say anything about handgun length? </p><p></p><p></p><p></p><p>It most certainly does. In fact, it must be "concealed" on your person. Haven't you ever heard of a violation for 'not concealing'? This law about concealing on your person doesn't magically change the moment you step into your vehicle. If it does, I'd like for someone to point out that section to me, please. I'd be glad to be corrected.</p><p></p><p>I read the SDA. Carefully. A couple of times. I can read and understand English pretty well. But granted, that was over a decade ago. Unless it's changed, it says nothing about length, but DOES say that the handgun must be concealed and carried on your person. And that it must be '.45 caliber or less'. But if it's been amended, then I'll be glad to admit I'm wrong. I'll even call myself an idiot for not reading the amendments to it more than every 10 years.</p><p></p><p>Be careful out there - you'll probably get away with it - but you just might run into some anti-gun jackass city boy LEO in say, OKC or Tulsa, and if he's got a chief and DA that agrees with him, they could potentially charge you with a crime if it's not on your person.</p><p></p><p>I'm pretty sure you could carry a BFR or a 30" handgun if you want to, and be legal, as long as it's concealed, and .45 caliber or less, and your license covers the action type.</p><p></p><p>P.S. I just remembered - didn't they amend to allow for unintentional "un-concealings / revealings" to be acceptable / non-violation in the last year or so? Maybe that section is somethign we can hang our hat on if charged with a loaded handgun on the floorboard on in a console - but I think it'd be hard to argue that leaving it there was "unintentional" - I need to just go re-read the thing carefully again before spouting any more. I could be wrong here.... There's also possibly case law on it.</p></blockquote><p></p>
[QUOTE="Dr. Tad Hussein Winslow, post: 1190656, member: 7123"] No, no, no, sorry guys. I think you're incorrect (but I'll look at it again). Your understanding is based on a generally-accepted idea in law enforcement (thankfully - this is a good thing) - it is not based on what the LAW says. With all due respect, no it wasn't the "case" that this is what the law IS - it was the case that the particular LEOs that you dealt with believed it to be OK, based on their instructions from their superiors, the academy, and general word of mouth, and exercised their discretion in your favor - as I said, this is based on what is generally-accepted by LEOs and LEO agencies at this time - this is not necessarily one and the same as what a COURT would rule if some jackass cop decided to charge you for an SDA violation based on not having it on your person. I do it too - leave guns loaded under the seat, in the console, etc., and rely on this well-publicized "general acceptance" of this practice by the vast majority of Oklahoma LEOs and LEO agencies - it does not make it the law, and does not keep you 100% safe from prosecution. I'm a risk-taker - you may not be. I believe that the Constitution is my carry permit, and the CCW license is just a formality, for good measure. Where in the SDA does it say anything about handgun length? It most certainly does. In fact, it must be "concealed" on your person. Haven't you ever heard of a violation for 'not concealing'? This law about concealing on your person doesn't magically change the moment you step into your vehicle. If it does, I'd like for someone to point out that section to me, please. I'd be glad to be corrected. I read the SDA. Carefully. A couple of times. I can read and understand English pretty well. But granted, that was over a decade ago. Unless it's changed, it says nothing about length, but DOES say that the handgun must be concealed and carried on your person. And that it must be '.45 caliber or less'. But if it's been amended, then I'll be glad to admit I'm wrong. I'll even call myself an idiot for not reading the amendments to it more than every 10 years. Be careful out there - you'll probably get away with it - but you just might run into some anti-gun jackass city boy LEO in say, OKC or Tulsa, and if he's got a chief and DA that agrees with him, they could potentially charge you with a crime if it's not on your person. I'm pretty sure you could carry a BFR or a 30" handgun if you want to, and be legal, as long as it's concealed, and .45 caliber or less, and your license covers the action type. P.S. I just remembered - didn't they amend to allow for unintentional "un-concealings / revealings" to be acceptable / non-violation in the last year or so? Maybe that section is somethign we can hang our hat on if charged with a loaded handgun on the floorboard on in a console - but I think it'd be hard to argue that leaving it there was "unintentional" - I need to just go re-read the thing carefully again before spouting any more. I could be wrong here.... There's also possibly case law on it. [/QUOTE]
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