AG opinions are usually requested when something is vague or the interpretation is in question. The law seems pretty clear in this case, but I am not a lawyer. It is even posted as a FAQ on the first page of the OSBI concealed weapon / SDA web page: http://www.ok.gov/osbi/Concealed_Weapons_Licensing/
Q: Which Conceal Carry permits does the State of Oklahoma honor?
A: Per Title 21 § 1290.26, the State of Oklahoma recognizes any valid concealed carry firearms permit or license issued by another state. The permit must be issued by the state and not a county or law enforcement agency.
Below is the actual text of the law (from the SDA). The key is that the license must remain valid - i.e. if the other state's license becomes invalid once you are no longer a resident (like Oklahoma's), then you are not covered.
TITLE 21 § 1290.26 Reciprocal agreement authority
RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state.
Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid. The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.
I'd say that the interpretation is in question certainly by that officer.
The fact that the last lines of TITLE 21 § 1290.26 Reciprocal agreement authority state:
... leads me to question that meaning.
There are in fact several states that only issue a non-resident license IF you are a currently licensed holder in your state of residence also. Combine that with the concept of reciprocal agreements possibly being only intended to allow a person to carry outside of their home state and you have a potential problem. In fact... given the amount of reciprocal agreements in place now almost nullifying the need for non-resident licenses, I'm surprised that this hasn't come up before in the legal system. Utah has obviously seen a major influx of people who were getting non-resident licenses SOLELY for the purpose of being able to avoid higher fees and training requirements for licenses in their own states (we had a thread on this a while back) who have reciprocal agreements. They have since changed their law.
I do agree that MINE and YOUR interpretation of the current Oklahoma law is such that this situation should be perfectly legal. Given the potential for problems (we have evidence of that in this case) and possible arrest, it would be nice to have an AG opinion wouldn't it?
Of course the easy solution is just to get a valid Oklahoma CCW permit, but there are circumstances such as the OP that do make sense financially as long as it's legal to maintain a non-resident license (until it expires) upon moving into the state.
-or- I could just go back to coloring...
"The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state."
I don't think it gets any more cut and dried than that.
I recently filled out the app for a Maine CCL and am sending it in. There is no fingerprinting or training requirement, and it only costs $60... the only requirement is to have a gun safety class that is conducted or honored by a state government. I found a free online gun safety class offered by the State of Maryland that took less than 30 minutes to complete that satisfies the requirement. The Maine license isn't good in as many states as an OK license, but it covers all the ones I'm worried about, and is a lot easier and cheaper than getting an OK license, and is probably processed quicker, too. Plus I really bristle at the fingerprinting requirement. I bristle at the whole requirement of having permission from some government to exercise a natural, inalienable right, but I think it's worth it to keep out of trouble until we can get the law changed.
I don't think it gets any more cut and dried than that.
I recently filled out the app for a Maine CCL and am sending it in. There is no fingerprinting or training requirement, and it only costs $60... the only requirement is to have a gun safety class that is conducted or honored by a state government. I found a free online gun safety class offered by the State of Maryland that took less than 30 minutes to complete that satisfies the requirement. The Maine license isn't good in as many states as an OK license, but it covers all the ones I'm worried about, and is a lot easier and cheaper than getting an OK license, and is probably processed quicker, too. Plus I really bristle at the fingerprinting requirement. I bristle at the whole requirement of having permission from some government to exercise a natural, inalienable right, but I think it's worth it to keep out of trouble until we can get the law changed.
Good points.
I just would hate to see someone get in trouble if it could easily be cleared up.
Don't know about TX, but in OK getting your CC takes at least 8 weeks. If I were in your cituation I would pay my money and keep my receipt to show the officer that I paid & am in compliance, but CC under my TX license till the OK comes in the mail. Good Luck
Some of you are ignoring the parts of the statute you don't like. The reciprocity agreement says an out of state CCL is good here s long as it is valid in its state of origin. You cannot have a CCL in State A and then become a resident of OKlahoma and expect your State A CCL to remain valid (since being a resident is part of the requirement). It becomes invaild when you are no longer a resident of State A and therefore invaild in Oklahoma.
All this BS about "inalienable rights" will get you a trip to County and some legal fees. Just get an Oklahoma license and be done with all th drama.
All this BS about "inalienable rights" will get you a trip to County and some legal fees. Just get an Oklahoma license and be done with all th drama.
Sorry, JB, but if my TX non-resident CHL (with my Owasso address and OK Driver License # on it) was invalid, I'm confident that the State of TX would not have issued it. As I stated earlier, I do plan to get an OK CHL; I just haven't yet. I detect no drama.
romanleader, I will need to take another look at the warning to get the officer's name.
romanleader, I will need to take another look at the warning to get the officer's name.
I guess you didn't catch his mentioning he has a Non Resident permit issued by Texas.
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