Constutional carry law

[Okie4570]

Yep My CCW License is good for 8 more years. Hopefully the bugs will be worked out by then. I kept the License because of travel into other States that Recognize Oklahoma CCW.

Yep same here for other states. Tonight is the first time I've read the bill, the carry in the vehicle part will cause issues I'm sure. What will happen when they have a traffic violation, firearms violation and they happen to see a medical marijuana card in while getting your drivers license out lol??

 

[AKguy1985]

Yep same here for other states. Tonight is the first time I've read the bill, the carry in the vehicle part will cause issues I'm sure. What will happen when they have a traffic violation, firearms violation and they happen to see a medical marijuana card in while getting your drivers license out lol??

Good question. I do not know the answer to.

 

[Tanis143]

They were talking about this on the radio when I took my wife to work. As far as transporting without a CCW when you get the car the firearm needs to be removed from your body and put in a glovebox or trunk. Thats all you have to do. I agree though, this part was not communicated and I see many people thinking they can just carry it. With a permit this does not kick in as it allows us to carry on our body regardless of our mode of transportation.

 

[Rollpin]

That makes no sense and basically negates Constitutional Carry. Car jacking is a real thing and probably a more realistic use case for self defense than merely walking around. It’s not clear in the law from what I’ve read.

 

[Tanis143]

I think 1289.7 A covers it:

Any person, who is not otherwise prohibited by law from possessing a firearm may transport in a motor vehicle a pistol or handgun, loaded or unloaded, at any time.

*I edited out the strike outs to make it easier to read*

So basically if you are allowed to possess a firearm you can have a pistol/handgun, loaded or unloaded, period.

 

[Rollpin]

But the confusion comes in when it talks about a citation for traffic violations in conjunction with carrying. Yet, SDA card holders don’t have that issue to my knowledge.

And, if it’s an issue of storage, that is not qualified in the section about the citation.

 

[HeyEng]

OK, you aren't going to get an "extra" citiation if you are carrying (under the permitless rule) and get stopped for a traffic infraction. The first part of 1289.13A says, "A. Notwithstanding the provisions of Section 1272 or 1289.7 of this title", which is says, "A. Any person who is not otherwise prohibited by law from possessing a firearm may transport in a motor vehicle a pistol or handgun, loaded or unloaded, at any time."

Also, you are NOT required to notify you are carrying anymore...ONLY if you are specifically asked about it.

D. It shall be unlawful for any person transporting a firearm in a motor vehicle to fail or refuse to identify that the person is in actual possession of a firearm when asked to do so by a law enforcement officer of this state during any arrest, detainment or routine traffic stop. Any person who violates the provisions of this subsection may be issued a citation for an amount not to exceed One Hundred Dollars ($100.00).

The confusion is where you are looking at the law. The *best* place to see the law, as amended is on oscn.net...it is updated and correct as of November 1st. STOP looking on Justia or other aggreate law providers, they are NOT UP TO DATE and very often just WRONG. And don't expect the FAQ's on the OSBI website to be correct, either.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440211

http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=484807

They were talking about this on the radio when I took my wife to work.

Who is "they"? Sounds like they were talking out of their ass to me.

 

[Jeff Schlittenardt]

For me I will just keep my CCW License up to date all the time. Saves issues down the road.

 

[gunmommaok]

They were talking about this on the radio when I took my wife to work. As far as transporting without a CCW when you get the car the firearm needs to be removed from your body and put in a glovebox or trunk. Thats all you have to do. I agree though, this part was not communicated and I see many people thinking they can just carry it. With a permit this does not kick in as it allows us to carry on our body regardless of our mode of transportation.

Wrong. With Constitutional Carry if you have a pistol on you and get in your vehicle it can be in the open (on your dash ((don't recommend)) center console or even on your person. You do not have to have a permit to have it on your person. That is the whole point of the new law. You can keep it in the holster on your waist. Now if you get in your vehicle with a long gun it can be magazine loaded but NOT chamber loaded.

 

[Tanis143]

Wrong. With Constitutional Carry if you have a pistol on you and get in your vehicle it can be in the open (on your dash ((don't recommend)) center console or even on your person. You do not have to have a permit to have it on your person. That is the whole point of the new law. You can keep it in the holster on your waist. Now if you get in your vehicle with a long gun it can be magazine loaded but NOT chamber loaded.

Yeah, after I posted that did a bit more reading on my own and realized the law stated that you can carry in your vehicle. I think I posted that two posts later.