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Concealed weapon in private business
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<blockquote data-quote="LightningCrash" data-source="post: 1107071" data-attributes="member: 4278"><p>TITLE 21 § 1272. A</p><p>[Everything is prohibited, concealed or unconcealed], except this section shall not prohibit:</p><p>2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;</p><p></p><p></p><p>Now when we're down in 1271.1 they make an interesting point:</p><p></p><p>TITLE 21 § 1272.1. Carrying firearms where liquor is consumed</p><p> CARRYING FIREARMS WHERE LIQUOR IS CONSUMED</p><p> A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. <strong>Provided however, a person possessing a valid concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title may carry the concealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.</strong></p><p></p><p></p><p>Looking back at case history, the conditions of Pierce v State have never been reversed</p><p><a href="http://www.kyfirearms.org/2001/legislate/okla.html" target="_blank">http://www.kyfirearms.org/2001/legislate/okla.html</a></p><p>"held, that a defendant may be properly convicted of carrying on or about his person a revolver, and that the fact that the revolver is carried upon his person within the curtilage of his own premises is immaterial."</p><p>"It is immaterial what locality a person is in when carrying a weapon, except where the statute expressly allows one to carry a weapon <strong>on his own premises or about his place of business</strong>"</p><p></p><p>So even the H&H employees open carrying are in violation of the law.</p><p></p><p></p><p>Hope this helps.</p><p>Just don't strap on the pistol, IMO. Loaded, sitting under the counter is not a "concealed handgun":</p><p></p><p><strong>Concealed handgun means a loaded or unloaded pistol carried hidden from the detection and view of</strong></p><p><strong>another person either upon or about the person, in a purse or other container belonging to the person, or in a</strong></p><p><strong>vehicle which is operated by the person or in which the person is riding as a passenger; and</strong></p></blockquote><p></p>
[QUOTE="LightningCrash, post: 1107071, member: 4278"] TITLE 21 § 1272. A [Everything is prohibited, concealed or unconcealed], except this section shall not prohibit: 2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act; Now when we're down in 1271.1 they make an interesting point: TITLE 21 § 1272.1. Carrying firearms where liquor is consumed CARRYING FIREARMS WHERE LIQUOR IS CONSUMED A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. [b]Provided however, a person possessing a valid concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title may carry the concealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.[/b] Looking back at case history, the conditions of Pierce v State have never been reversed [url]http://www.kyfirearms.org/2001/legislate/okla.html[/url] "held, that a defendant may be properly convicted of carrying on or about his person a revolver, and that the fact that the revolver is carried upon his person within the curtilage of his own premises is immaterial." "It is immaterial what locality a person is in when carrying a weapon, except where the statute expressly allows one to carry a weapon [b]on his own premises or about his place of business[/b]" So even the H&H employees open carrying are in violation of the law. Hope this helps. Just don't strap on the pistol, IMO. Loaded, sitting under the counter is not a "concealed handgun": [b]Concealed handgun means a loaded or unloaded pistol carried hidden from the 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[/b] [/QUOTE]
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