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Discussion in 'NFA & Class III Discussion' started by dubs chops, Jun 15, 2010.
OK, G18 or that beretta 93R?
You can't have a G18 and probably can't afford a 93R. But, I don't believe title 21 prohibits either for CCW as they fall under the definition of a pistol unless they have a stock.
I know several C3 dealers with post sample G18's. Are you saying they can carry them?
Im siding with CAR on this one. SDA and if not there look at the general firearms section in state statutes (sorry forgot the number, where it talks about lawful carry of rifles, shotguns etc). It clearly defines the types of firearms under the SDA as those described as derringers, revolvers and semiautomatics (handguns).
If you look at ATFs website, you have the following types of firearms...
machine guns - includes LLs and Auto Sears
machine guns (machine pistols)
Weapon Made from Shotgun
Weapon Made from Rifle (dont know what these are, like making a pistol from a rifle, but because of law doesnt it have to be an SBR or SBS?)
Not a Firearm (flare guns made of plastic)
AOW (Which can include adapaters which allow another round to be shot from a flare gun)
Silencer is considered a firearm according to ATF (in fact ATF considers holsters that still allow firing an AOW). Now, I dont know how OK state looks at them, but I wouldnt bet that it was far off from ATF's definition. So...
1.) Why risk it?
2.) Why do you want to carry around your suppressor?
Why don't you come up with some statutes instead of baiting me with what ifs?
Whitey, you guys' opinion is based on conjecture and caution. If you want to discuss the laws I'd be happy to. Quote me sections that you think reenforce your opinion and we'll have something concrete to interpret and debate.
What? Why you being so argumentative?
I stated facts,... like what the ATF considers a Silencer.
I made conjecture about what Oklahoma views it as. And then asked, why would you risk it? And why would you want to do it in the first place?
What the ATF conciders a silencer doesn't really weigh heavily on our carry laws. Your questions really aren't relevant to weather or not carrying a silencer is legal or not. I'm not saying it's a good idea or that I'd carry my suppressor and risk it. I don't know of any state or federal laws prohibiting the carry of a silencer on OK. Really the only way to refute that is to post some law that doesn't agree with me. I don't think I'm the one being arguementative here.
But, if you want to start a discussion,... lets look at what might happen. Having a suppressor is going to raise the eyebrow of any LEO or DA out there. They will start looking at the fact that maybe you were looking for a kill. Its the same reason I dont suggest using reloads as CCW ammo. It can be used to build a case, even if a civil case, against you. Considering 21 does not come out and say its unlawful carry, that doesnt make it legal (not saying it makes it illegal). Those are the cases where it comes down to who has the better lawyer, and what the judge agrees with. BECAUSE ITS A GREY AREA. Otherwise, it would be listed as an acceptable firearm in section 2.
Not illegal = legal. Plain and simple. Also there is no case law supporting the idea that carrying reloads is incriminating. Especially in OK. I agree it isn't with trying but a good shoot is a good shoot. You'll be protected from civil action as well.
What part of this sentence made you feel my opinion wasn't based on conjecture? Or rather made you feel I didnt know it was my opinion based on conjecture?
And the flaw of your arguments is that you are basing your opinion on conjecture of lack of wording. Find us a guinea pig, put them in the situation. Let it go to court and lets see what happens to grey areas.
Having no direct verbiage does not equate to legal.